General Procedures: General Provisions and Initial Steps in the RecallRecall Petition
Section § 11040
This section explains how a petition can be organized when gathering signatures. The petition can be divided into separate sections that are identical, except for the signatures and information added by the people signing and the circulators. There is no limit to the number of signatures per section as that is up to the person collecting them.
Each section of the petition can have as many separate pages as needed, and each side of a sheet of paper counts as a page if signatures are on it.
Section § 11041
This law outlines the requirements for the format of a recall petition in California. Proponents must use the official recall petition format provided by the Secretary of State, which can be obtained from the county elections official or the Secretary of State. Each page of the petition must include certain information before any signatures can be gathered, such as a request for a successor if a state officer is to be recalled, a copy of the notice of intention with grounds for recall, and any response from the officer being recalled. If the officer is from a school district board, an estimate of the cost for the special election must be provided. Additionally, all sections of the petition must be printed consistently in size, darkness, and spacing.
Section § 11042
This law explains the process for handling petitions related to recall elections in California. If a notice of intention to recall an official is filed, the petition proponents have 10 days to submit two blank copies of the petition to the elections official or Secretary of State. They must also provide proof that the notice of intention was published or posted. The official has 10 days to check if the petition meets all requirements and notify the proponents.
If changes are needed, the official will inform the proponents, who then have 10 days to make corrections and re-submit the petition. This submission and review process continues until the petition meets all requirements. Importantly, no signatures can be collected on the petition until it is approved.
Section § 11042.5
This law outlines the process for reviewing a petition to recall a local officer. The county elections official must make the petition available for public scrutiny at their office for 10 days. During this time, they also review the petition's form and wording for compliance.
If any voter or the elections official believes that the petition's content is false, misleading, or doesn't meet requirements, they can request a court order to change or remove the disputed information within those 10 days. To succeed, they must provide clear and convincing evidence that the petition's statements are problematic.
Section § 11043
This section outlines requirements for petition signatures. Each signer must add their signature, printed name, full residence address, and city or community name. If a summary of top financial supporters isn’t included, an important warning must appear near the signature line, stating not to sign unless the supporter information is up-to-date.
The petition must have specific margins: one inch at the top, one-half inch at the bottom, and an inch of space after each name for verification purposes.
Section § 11043.5
This law requires the California Secretary of State to provide a standard format for recall petitions to county elections officials. These officials will then distribute the format to anyone proposing a recall. When someone wants to start a recall election, they must use the petition format supplied by the Secretary of State.
Section § 11044
If you want to start the process to recall an elected officer, you need to file a separate petition for each individual officer you want to recall.
Section § 11045
In California, only people who are registered voters in the area where an official is being recalled can sign a petition to recall that official. Additionally, anyone who satisfies certain eligibility criteria (found in Section 102) is allowed to gather signatures by circulating the petition.
Section § 11046
Every part of a petition needs to have a statement signed by the person who collected the signatures, following the rules in Section 104.
Section § 11047
If you're trying to recall a public official and the petition is being circulated across multiple counties, each part of the petition must clearly show which county it's for. Only voters registered in those specific counties can sign the corresponding sections of the petition.