General Procedures: Final Steps in the RecallRecall Elections

Section § 11381

Explanation

This law explains how candidates can be nominated to replace a recalled government official in California. It follows the usual nomination process used in regular elections but with some specific exceptions for state officers. For instance, candidate nominations must be submitted no less than 59 days before the recall election and not before the election is ordered. The Secretary of State then confirms the candidates by the 55th day before the election. Also, the person being recalled cannot be a candidate in the election to replace themselves.

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 election insofar as that procedure is consistent with this article. The following exceptions shall be made to that procedure:
(a)CA Elections Code § 11381(a) For recalls of state officers, the nomination papers and the declaration of candidacy shall, in each case, be filed no less than 59 days prior to the date of the election and not before the day the order of the election is issued. The Secretary of State shall certify the names of the candidates to be placed on the ballot by the 55th day prior to the election.
(b)CA Elections Code § 11381(b) No person whose recall is being sought may be a candidate to succeed himself or herself at a recall election.
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Section § 11382

Explanation

If a local official is successfully recalled by a majority vote, there won't be an election to immediately replace them. Instead, their position will be left open until it's filled according to the relevant legal process.

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 on a recall proposal for a local officer are “Yes”, the officer is removed and the office shall be vacant until it is filled according to law.
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Section § 11383

Explanation

If at least half of the votes in a recall election are "No," the person in office will stay in their position.

If one-half or more of the votes at a recall election are “No”, the officer sought to be recalled shall continue in office.
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Section § 11384

Explanation

If most voters say "Yes" to a recall proposal, the officer in question is removed from their position once the new officer qualifies to take over.

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 upon the qualification of the officer’s successor.
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Section § 11385

Explanation

If a state official in California is removed from office through a recall election, the person who gets the most votes in that election will take over the remaining term of the official who was removed.

If at a statewide recall election an officer is recalled, the candidate receiving the highest number of votes for the office shall be declared elected for the unexpired term of the recalled officer.
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Section § 11386

Explanation

This law states that if a candidate wins a recall election for a state office but doesn't meet the qualifications within 10 days of receiving their election certificate, the position will be declared vacant. The vacant position must then be filled based on existing laws.

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 certificate of election, the office to which the candidate was elected shall become vacant and shall be filled according to law.
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