Ballots - General Procedures: Final Steps In The Recall - Elections - CA

Section § 11320

This law outlines what must appear on the ballot during a recall election, unless it's a landowner voting district. Voters will see a question asking if a specific officer should be removed from office, along with 'Yes' and 'No' options. If the officer is elected to a position that's voter-nominated, they can choose to display their political party preference on the ballot. They must inform the Secretary of State about this decision by a specified deadline. The party preference, if opted for, appears next to the officer's name on the ballot. If no party is indicated in their registration, it will read 'Party Preference: None.' If they miss the deadline or choose not to display it, no party will be listed next to their name on the ballot.

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 be recalled:

(a) The question “Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?”

(b) Next to the foregoing question, the words “Yes” and “No” on separate lines with a voting target next to each.

(c) If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officer’s party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officer’s name, or immediately below the officer’s name if there is not sufficient space to the right of the officer’s name, and shall appear in substantially the following form:

(1) If the officer stated a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference:____” (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officer’s affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2) If the officer did not state a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference: None.”

(3) If the officer elects not to have the officer’s political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

recall election ballot question removal from office ...

Section § 11322

This section explains additional requirements for ballots used in recall elections for state officers. It states that the names of candidates aiming to replace the officer being recalled must be listed under each recall question on the ballot.

Additionally, each list of candidates should be followed by a blank line with a spot for voters to mark their choice.

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 candidates nominated to succeed the officer sought to be recalled shall appear under each recall question.

(b) Following each list of candidates, the ballot shall provide one blank line with a voting target next to it.

recall elections state officers ballots ...

Section § 11322.5

This law section addresses the instructions that must be added to the ballot in a recall election for a state officer. It requires that voters be informed there are two separate contests on the ballot: one for the recall and one for the replacement candidate. Voters can participate in one or both contests independently. Specific recommended wording for these instructions is provided, but the exact text will be crafted by election officials according to the ballot design.

(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 are two contests on the ballot.

(B) That the two contests are separate and can be voted on independently.

(2) For purposes of subparagraph (B) of paragraph (1), the following instructions are recommended:

“You can vote for the recall question regardless of whether you vote for a replacement candidate.

You can vote for a replacement candidate regardless of whether or how you vote on the recall question.”

(b) The exact wording of the instructions shall be written by the elections official to conform to the actions required by the layout of the ballot.

recall election state officer recall ballot instructions ...

Section § 11323

When voting on a recall proposal, a voter must clearly mark the voting target next to "Yes" to support the recall or "No" to oppose it.

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.

recall proposal voter instructions mark voting target ...

Section § 11324

This law requires that the official in charge of preparing the ballots must send a voter information guide to every registered voter at least 10 days before a recall election. This applies to the area where the officer facing recall works.

If the recall concerns a state officer, this guide must also include a report detailing the estimated costs of the recall, which is prepared by the Department of Finance.

(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 voter of the electoral jurisdiction of the officer sought to be recalled.

(b) In the case of a recall of a state officer, the official responsible for preparing the voter information guide pursuant to subdivision (a) shall include in the voter information guide the report of estimated costs of the recall prepared by the Department of Finance pursuant to subdivision (d) of Section 11108.

recall election voter information guide registered voter ...

Section § 11325

When voters are provided with information about a recall election, they must receive a printed copy outlining the reasons for each officer's recall and, if applicable, the officer's response to those reasons. This information can be included either separately or as part of the voter guide and must give equal emphasis to both statements.

If there are multiple officers facing recall, the information for each officer should be grouped together and clearly set apart from the others.

(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 reasons for recall that appeared on the notice of intent to recall that was filed by the proponents of the recall with the elections official or, in the case of a state officer, with the Secretary of State.

(2) The answer to the statement of reasons for recall that was filed by the officer whose recall is sought with the elections official or, in the case of a state officer, with the Secretary of State, if an answer was filed.

(b) The printed copies of the statement and the answer to that statement shall be mailed with the voter information guide either in a document separate from the voter information guide or as part of the voter information guide. Both the statement and answer shall be printed on the same page, or on facing pages of the document, and shall be of equal prominence.

(c) If the recall of more than one officer is sought, the statement and answer for each officer shall be printed together and shall be clearly distinguished from those of any other officer.

recall election voter information guide statement of reasons ...

Section § 11327

If someone is trying to recall an officer, the officer can submit a statement to the elections official. This statement will be included with the voter information guide that is sent to all voters.

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 with the voter information guide.

officer recall statement submission elections official ...