DIVISION 11. RECALL ELECTIONS [11000. - 11386.]

Division 11 enacted by Stats. 1994, Ch. 920, Sec. 2.

§§ 11000–11386 · 65 sections

CHAPTER 1. General Procedures: General Provisions and Initial Steps in the Recall §§ 11000–11047 · 23 sections
1. ARTICLE 1. General Provisions §§ 11000–11007 · 8 sections
  - § 11000 This division governs the recall of elective officers of the State of California and of all counties, cities, school districts, county boards of education,…
  - § 11001 For the purposes of this division, judges of courts of appeal shall be considered state officers, and judges of superior courts shall be considered county…
  - § 11002 For the purposes of this division, “elections official” means one of the following: (a) A county elections official in the case of the recall of elective…
  - § 11003 For the purposes of this division, “governing board” means a city council, the board of supervisors of a county, the board of trustees of a school district or…
  - § 11004 For the purposes of this division, a “local officer” is an elective officer of a city, county, school district, community college district, or special…
  - § 11005 The proponents of a recall must be registered voters of the electoral jurisdiction of the officer they seek to recall.
  - § 11006 Proceedings may be commenced for the recall of any elective officer, including any officer appointed in lieu of election or to fill a vacancy, by the service,…
  - § 11007 Except when a person has been appointed to office pursuant to Section 10229 because no person had been nominated to office, proceedings may not be commenced…
2. ARTICLE 2. The Notice of Intention, Statement, and Answer §§ 11020–11024 · 5 sections
  - § 11020 (a) The notice of intention shall contain all of the following: (1) The name and title of the officer sought to be recalled. (2) A statement, not exceeding 200…
  - § 11021 A copy of the notice of intention shall be served by personal delivery, or by certified mail, on the officer sought to be recalled. Within seven days of…
  - § 11022 A copy of the notice, except the provisions required by paragraph (4) of subdivision (a) of Section 11020, shall be published at the proponents’ expense…
  - § 11023 (a) Within seven days after the filing of the notice of intention, the officer sought to be recalled may file with the elections official, or in the case of a…
  - § 11024 (a) The statement and answer are intended solely for the information of the voters. No insufficiency in form or substance thereof shall affect the validity of…
3. ARTICLE 3. Recall Petition §§ 11040–11047 · 10 sections
  - § 11040 (a) The petition may consist of any number of separate sections, which shall be duplicates except as to signatures and matters required to be affixed by…
  - § 11041 (a) The proponents shall use the recall petition format provided by the Secretary of State and available from the county elections official or the Secretary of…
  - § 11042 (a) Within 10 days after filing of the answer to the notice of intention, or, if no answer is filed, within 10 days after the expiration of the seven-day…
  - § 11042.5 (a) For a petition for the recall of a local officer, the county elections official shall make a copy of the petition available for public examination in the…
  - § 11043 (a) The petition sections shall be designed so that each signer shall personally affix all of the following: (1) The signer’s signature. (2) The signer’s…
  - § 11043.5 (a) The Secretary of State shall provide to county elections officials a recall petition format for distribution to proponents of a recall. The recall petition…
  - § 11044 Separate petitions are necessary to propose the recall of each officer.
  - § 11045 Only registered voters of the electoral jurisdiction of the officer sought to be recalled are qualified to sign a recall petition for that officer. A person…
  - § 11046 To each section of a petition shall be attached a declaration, signed by the circulator thereof, that complies with Section 104.
  - § 11047 When a petition is circulated in more than one county for the recall of an officer, each section of the petition shall bear the name of the county for which it…
CHAPTER 2. Recall of State Officers: Intermediate Steps in the Recall §§ 11100–11110 · 10 sections
- § 11100 (a) This chapter applies only to the recall of state officers. (b) In addition to this chapter, Sections 13 to 18, inclusive, of Article II of the California…
- § 11101 Unless and until it is otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite…
- § 11102 Each section of a recall petition shall be filed with the elections official of the county for which it was circulated.
- § 11103 Each section of the petition shall be filed by the proponents or by any person or persons authorized, in writing, by a proponent. Each time an authorized…
- § 11104 (a) The elections official, 30 days after a recall has been initiated and every 30 days thereafter, or more frequently at the discretion of the elections…
- § 11106 (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining…
- § 11107 The elections official, upon the completion of each examination, shall forthwith attach to the petition a certificate, properly dated, showing the result of…
- § 11108 (a) When the Secretary of State has received from one or more county elections officials a petition certified to have been signed by a sufficient number of…
- § 11109 When the Secretary of State determines that the proponents have collected sufficient signatures, he or she shall certify that fact to the Governor.
- § 11110 Upon receiving certification of the sufficiency of the recall petitions from the Secretary of State, the Governor shall make or cause to be made publication of…
CHAPTER 3. Recall of Local Officers: Intermediate Steps in the Recall §§ 11200–11242 · 13 sections
1. ARTICLE 1. General Provisions §§ 11200–11201 · 2 sections
  - § 11200 This chapter shall apply to the recall of local officers.
  - § 11201 When the city or county elections official is the officer sought to be recalled, the duties imposed upon him or her shall be performed by some other person…
2. ARTICLE 2. Recall Petitions §§ 11220–11227 · 8 sections
  - § 11220 (a) A recall petition shall be submitted to the elections official for filing in his or her office during normal office hours as posted within the following…
  - § 11221 The number of qualified signatures required in order to qualify a recall for the ballot shall be as follows: (a) In the case of an officer of a city, county,…
  - § 11222 (a) The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by a proponent. All sections of the petition shall be…
  - § 11223 If the petition was circulated in more than one county, the elections official of each county shall affix, with the certificate showing the results of his or…
  - § 11224 (a) Except as provided in Section 11225, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections…
  - § 11225 (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the…
  - § 11226 If the certificate shows that the petition is insufficient, no action shall be taken on it, but the petition shall remain on file.
  - § 11227 If the elections official finds the signatures on the petition to be sufficient, he or she shall submit his or her certificate as to the sufficiency of the…
3. ARTICLE 3. The Recall Election §§ 11240–11242 · 3 sections
  - § 11240 Within 14 days after the meeting at which the governing body received the certificate of sufficiency as specified in Section 11227, the governing body shall…
  - § 11241 If the governing board fails to issue the order within the time specified in Section 11240, the county elections official, within five days, shall set the date…
  - § 11242 (a) The election shall be held not less than 88, nor more than 125, days after the issuance of the order. (b) Notwithstanding subdivision (a), the election may…
CHAPTER 4. General Procedures: Final Steps in the Recall §§ 11300–11386 · 19 sections
1. ARTICLE 1. General Provisions §§ 11300–11303 · 4 sections
  - § 11300 No insufficiency in a petition against any officer shall bar the later filing of a new petition against that officer.
  - § 11301 If a petition is found insufficient by the elections official or, in the case of the recall of a state officer, the Secretary of State, the petition signatures…
  - § 11302 (a) Except as described in paragraph (3) of subdivision (b), if a vacancy occurs in an office after a recall petition is filed against the vacating officer,…
  - § 11303 A voter who has signed a recall petition shall have their signature withdrawn from the petition upon filing a written request that includes the name or title…
2. ARTICLE 2. Ballots §§ 11320–11327 · 7 sections
  - § 11320 The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to…
  - § 11322 In addition to the material contained in Section 11320, the following shall appear on ballots at all recall elections for state officers: (a) The names of the…
  - § 11322.5 (a) (1) In a recall election for a state officer, additional instructions shall be added to the ballot to communicate the following information: (A) That there…
  - § 11323 A voter shall indicate, by completely selecting the voting target next to either “Yes” or “No,” their vote for or against the recall proposal, respectively.
  - § 11324 (a) The official responsible for preparing the ballot shall, at least 10 days before the recall election, mail a voter information guide to each registered…
  - § 11325 (a) With the voter information guide there shall be mailed, for each officer whose recall is sought, a printed copy of the following: (1) The statement of…
  - § 11327 An officer whose recall is being sought may file a statement with the elections official in accordance with Section 13307, to be sent to each voter, together…
3. ARTICLE 3. Elections in General §§ 11328–11329 · 2 sections
  - § 11328 A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by law for a regular election for the office.
  - § 11329 One election is sufficient for the recall of several officers.
4. ARTICLE 4. Recall Elections §§ 11381–11386 · 6 sections
  - § 11381 Nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular…
  - § 11382 There shall not be an election for a successor in a recall of a local officer pursuant to Chapter 3 (commencing with Section 11200). If a majority of the votes…
  - § 11383 If one-half or more of the votes at a recall election are “No”, the officer sought to be recalled shall continue in office.
  - § 11384 Except as provided in Section 11382, if a majority of the votes on a recall proposal are “Yes”, the officer sought to be recalled shall be removed from office…
  - § 11385 If a state officer is recalled at a recall election, the candidate receiving the highest number of votes for the office shall be declared elected for the…
  - § 11386 If the candidate who received the highest number of votes in a recall election for a state officer fails to qualify within 10 days after receiving the…