McKINNEY, Texas (CBSDFW.COM) – McKinney City Council member La’Shadion Shemwell has five days to resign or face a recall election, says the City Secretary Empress Drane.

At Tuesday night’s council meeting, she confirmed a recall petition contained more than enough signatures to force a citywide vote this May.

McKinney City Council Member La’Shadion Shemwell (CBS 11)

The outspoken council member has been accused by his critics of fanning racial tensions in the city.

Drane, told council members Tuesday night she’d validated 3,062 signatures on the petition, nearly 1,000 more than required to force the election.

Shemwell has made it clear he won’t be resigning.

“Not going to happen. I’m going to fight with every breath in my body, and I’m going to see you in court,” he said at the city council meeting.

The city expects to add the recall measures to the May ballot, giving voters citywide a chance to decide whether to remove Shemwell from office.

Shemwell’s supporters expressed anger at the effort to oust the council’s only member of color, berating the mayor for signing the petition and holding up signs with the words “voter suppression.”

Last year, Shemwell declared a travel advisory, urging people not to come to Texas, and accusing local governments of “conspiring to kill, injure, oppress, threaten, and intimidate” people of color.