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

Section § 11300

If a petition against an officer is found lacking, it doesn't stop anyone from filing a new petition against that officer later on.

No insufficiency in a petition against any officer shall bar the later filing of a new petition against that officer.

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Section § 11301

This law says that if a petition, like one for the recall of a state officer, is not accepted by the elections official or the Secretary of State, the signatures on the petition can be checked according to certain government code rules.

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 may be examined in accordance with Section Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code.

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Section § 11302

This law explains what happens if a public official's position becomes vacant after a recall petition has been filed against them. If this happens, the recall election must still go on.

The elections official must check the signatures on the recall petition. If enough valid signatures were gathered before the vacancy occurred, the recall election continues.

If there are not enough signatures, the recall election is canceled, and the vacant position is filled according to existing laws. Also, the person who vacated the position cannot be reappointed to the same position or another on the same board for the remaining term.

(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, the recall election shall nevertheless proceed.

(b)

(1) Upon the occurrence of the vacancy, the elections official for each county in which a section of the recall petition has been filed shall immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy.

(2) If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall election shall proceed.

(3) If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election shall not proceed and a vacancy in the office that is the subject of the recall election shall be filled as otherwise provided by law.

(4) A person who was subject to a recall petition may not be appointed to fill the vacancy in the office that he or she vacated and that person may not be appointed to fill any other vacancy in office on the same governing board for the duration of the term of office of the seat that he or she vacated.

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Section § 11303

If you've signed a recall petition and want to take your signature back, you can do so by sending a written request to the elections official. Make sure to include the petition's name or title, plus your own name, address, and signature. You must do this before the petition section with your signature is filed. Importantly, this request isn't considered a petition or paper under certain legal rules.

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 of the petition and the voter’s name, residence address, and signature with the elections official prior to the day the petition section bearing the voter’s signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.

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