California Laws - Election Code
DIVISION 11. RECALL ELECTIONS
CHAPTER 1. GENERAL PROCEDURES: GENERAL PROVISIONS AND INITIAL STEPS IN THE RECALL

CHAPTER 1. GENERAL PROCEDURES: GENERAL PROVISIONS AND INITIAL STEPS IN THE RECALL (4089)(1-click HTML)

Article 1. General Provisions (11000-11007) (4090)(1-click HTML)

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, community college districts, special districts, and judges of courts of appeal and trial courts. It does not supersede the provisions of a city charter or county charter, or of ordinances adopted pursuant to a city charter or county charter, relating to recall. (4091)

11001. For the purposes of this division, judges of courts of appeal shall be considered state officers, and judges of trial courts shall be considered county officers. (4092)

11002. For the purposes of this division, "elections official" means one of the following: (4093)

(a) A county elections official in the case of the recall of elective officers of a county, school district, county board of education, community college district, or resident voting district, and of judges of trial courts. (4094)

(b) A city elections official, including, but not necessarily limited to, a city clerk, in the case of the recall of elective officers of a city. (4095)

(c) The secretary of the governing board in the case of the recall of elective officers of a landowner voting district or any district in which, at a regular election, candidate's nomination papers are filed with the secretary of the governing board. (4096)

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 community college district, or the legislative body of a special district, as the context requires. In the case of the recall of a trial court judge, "governing board" means the board of supervisors. (4097)

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 district, or a judge of a trial court. (4098)

11005. The proponents of a recall must be registered voters of the electoral jurisdiction of the officer they seek to recall. (4099)

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, filing and publication or posting of a notice of intention to circulate a recall petition pursuant to this chapter. (4100)

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 against an officer of a city, county, special district, school district, community college district, or county board of education in the event of one or more of any of the following: (4101)

(a) He or she has not held office during his current term for more than 90 days. (4102)

(b) A recall election has been determined in his or her favor within the last six months. (4103)

(c) His or her term of office ends within six months or less. (4104)

Article 2. The Notice of Intention, Statement, and Answer (11020-11024) (4105)(1-click HTML)

11020. The notice of intention shall contain all of the following: (4106)

(a) The name and title of the officer sought to be recalled. (4107)

(b) A statement, not exceeding 200 words in length, of the reasons for the proposed recall. (4108)

(c) The printed name, signature, and residence address of each of the proponents of the recall. If a proponent cannot receive mail at the residence address, he or she must provide an alternative mailing address. The minimum number of proponents is 10, or equal to the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher. (4109)

(d) The provisions of Section 11023. (4110)

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 serving the notice of intention, the original thereof shall be filed, along with an affidavit of the time and manner of service, with the elections official or, in the case of the recall of a state officer, the Secretary of State. A separate notice of intention shall be filed for each officer sought to be recalled. (4111)

11022. A copy of the notice, except the provisions required by subdivision (d) of Section 11020, shall be published at the proponents' expense pursuant to Section 6061 of the Government Code. Publication shall be required unless there is no newspaper of general circulation able to provide timely publication in the jurisdiction of the officer sought to be recalled. If this publication is not possible, the notice, except the provisions required by subdivision (d) of Section 11020, shall be posted in at least three public places within the jurisdiction of the officer to be recalled. (4112)

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 state officer, the Secretary of State, an answer, in not more than 200 words, to the statement of the proponents. (4113)

(b) If an answer is filed, the officer shall, within seven days after the filing of the notice of intention, also serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice of intention. (4114)

(c) The answer shall be signed and shall be accompanied by the printed name and business or residence address of the officer sought to be recalled. (4115)

11024. 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 the election proceedings. (4116)

Article 3. Recall Petition (11040-11047) (4117)(1-click HTML)

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 signers and circulators. The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures. (4118)

(b) Each section of the petition may consist of any number of separate pages. A page shall consist of each side of a sheet of paper on which any signatures appear. (4119)

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 State. Before any signature may be affixed to a recall petition, each page of each section must bear all of the following in no less than 8-point type: (4120)

(1) A request that an election be called to elect a successor to the officer. However, if the officer is a justice of the Supreme Court or of a court of appeal, as specified in subdivision (a) of Section 16 of Article VI of the California Constitution, the request shall be that the Governor appoint a successor to the officer. (4121)

(2) A copy of the notice of intention, including the statement of grounds for recall. For purposes of this paragraph, the copy of the notice of intention shall contain the names of at least 10 recall proponents that appear on the notice of intention and that are selected by the proponents. The elections official shall not require the names of more than 10 proponents to be included as part of the language of the notice of intention. The provisions of Section 11023 do not need to be included as part of the language of the notice of intention. (4122)

(3) The answer of the officer sought to be recalled, if any. If the officer sought to be recalled has not answered, the petition shall so state. (4123)

(b) All petition sections shall be printed in uniform size and darkness with uniform spacing. (4124)

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 period specified in Section 11023, the proponents shall file two blank copies of the petition with the elections official in his or her office during normal office hours as posted or, in the case of a recall of a state officer, with the Secretary of State, in his or her office during normal office hours as posted, who shall ascertain if the proposed form and wording of the petition meets the requirements of this chapter. (4125)

(b) At the time of the filing of the two blank copies of the petition, the proponents shall also file proof of publication of the notice of intention, if the notice of intention was published, or an affidavit of posting of the notice of intention, if the notice of intention was posted. The elections official or, in the case of a recall of a state officer, the Secretary of State, shall, within 10 days of receiving the blank copies of the petition, notify the proponents in writing of his or her finding. (4126)

(c) If the elections official finds that the requirements of this chapter are not met, the elections official shall include in his or her findings a statement as to what alterations in the petition are necessary. The proponents shall, within 10 days after receiving the notification, file two blank copies of the corrected petition with the elections official in his or her office during normal office hours as posted. The 10-day correction notification period and the 10-day filing period for corrected petitions shall be repeated until the elections official or the Secretary of State finds no alterations are required. (4127)

(d) No signature may be affixed to a recall petition until the elections official or, in the case of the recall of a state officer, the Secretary of State, has notified the proponents that the form and wording of the proposed petition meet the requirements of this chapter. (4128)

11043. (a) The petition sections shall be designed so that each signer shall personally affix all of the following: (4129)

(1) His or her signature. (4130)

(2) His or her printed name. (4131)

(3) His or her residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. (4132)

(4) The name of the incorporated city or unincorporated community in which he or she resides. (4133)

(b) A margin, at least one inch wide, shall be left blank across the top of each page of the petition. A margin, at least one-half inch wide, shall be left blank along the bottom of each page of the petition. (4134)

(c) A space, at least one inch wide, shall be left blank after each name for the use of the elections official in verifying the petition. (4135)

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 format shall be made available upon request by the county elections official and by the Secretary of State. (4136)

(b) The recall petition format made available pursuant to this section shall be utilized by proponents of a recall election. (4137)

11044. Separate petitions are necessary to propose the recall of each officer. (4138)

11045. Only registered voters of the electoral jurisdiction of the officer sought to be recalled are qualified to circulate or sign a recall petition for that officer. (4139)

11046. To each section of a petition shall be attached a declaration, signed by the circulator thereof, that complies with Section 104. The declaration shall include a statement that the circulator is a registered voter in the jurisdiction of the officer sought to be recalled. (4140)

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 is circulated, and only registered voters of that county may sign that section. (4141)

  

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