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.
General Procedures: General Provisions and Initial Steps in the RecallGeneral Provisions
Section § 11000
This law outlines the rules for recalling elected officials in California, including those from the state, counties, cities, school districts, and judges. However, it doesn't override any city or county rules about recall that are detailed in their charters or ordinances.
recall procedures elective officers city charters
Section § 11001
This law section clarifies the classification of judges in California for certain purposes: judges who serve in courts of appeal are considered state officers, while judges in trial courts are considered county officers.
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.
judges classification courts of appeal state officers
Section § 11002
This law defines who is considered an 'elections official' for the purposes of managing recall elections. An 'elections official' can be a county elections official for county-related positions like school districts or trial court judges. For city officers being recalled, a city elections official, such as a city clerk, is responsible. In districts where landowners vote or where nomination papers are filed with the governing board, the secretary of the governing board acts as the elections official.
For the purposes of this division, “elections official” means one of the following:
(a)CA Elections Code § 11002(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.
(b)CA Elections Code § 11002(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.
(c)CA Elections Code § 11002(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.
recall elections county elections official school district recall
Section § 11003
This section defines what 'governing board' means for different situations. It can mean the city council, the county's board of supervisors, the school or community college district's board of trustees, or the legislative body of a special district, depending on the context. For recalling a trial court judge, it specifically refers to the board of supervisors.
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.
governing board definition city council county board of supervisors
Section § 11004
In this law section, a 'local officer' is defined as someone who holds an elective position in a city, county, school district, community college district, or special district, or someone who is a judge in a trial court.
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.
local officer definition elective officer city official
Section § 11005
If you want to initiate a recall of an elected official, you must be a registered voter in the area where that official serves.
The proponents of a recall must be registered voters of the electoral jurisdiction of the officer they seek to recall.
recall election registered voter requirement electoral jurisdiction
Section § 11006
This section explains that you can start the process of removing an elected official or someone appointed in their place by officially announcing your intention to circulate a recall petition. This involves specific steps such as serving, filing, and publishing or posting the notice.
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.
recall process elective officer removal notice of intention
Section § 11007
This law states that you can't start legal proceedings to remove a city, county, or district officer under certain conditions. These conditions are: the officer hasn't been in office for more than 90 days; a recent recall election in the last six months was in their favor; or they have less than six months left in their term. The exception is if the person was appointed because no one else was nominated for the office.
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:
(a)CA Elections Code § 11007(a) He or she has not held office during his current term for more than 90 days.
(b)CA Elections Code § 11007(b) A recall election has been determined in his or her favor within the last six months.
(c)CA Elections Code § 11007(c) His or her term of office ends within six months or less.
removal of officers recall election term of office
