General Procedures: General Provisions and Initial Steps in the RecallThe Notice of Intention, Statement, and Answer
Section § 11020
If you want to recall a public official in California, you need to file a notice of intention. This notice must include the official's name and title, a 200-word explanation of why you want them recalled, and the details of the people supporting the recall—their printed names, signatures, and addresses. If they can't receive mail at their home, they should give an alternative address.
The number of supporters required varies depending on the size of the electoral district. For state and large local offices (100,000+ voters), you need at least 50 supporters or five times the required nomination signatures. For medium-sized districts (1,000 to 100,000 voters), you need 30 supporters or three times the number of nomination signatures. For small districts (less than 1,000 voters), 30 supporters are needed.
Section § 11021
If someone wants to recall a public officer, they must first serve a copy of the notice of their intention to that officer either in person or by certified mail. Within seven days after serving this notice, they need to file the original document, along with an affidavit detailing when and how it was served, with the proper elections official. If it's a state officer being recalled, the filing goes to the Secretary of State. A separate notice is required for each officer being targeted for recall.
Section § 11022
This law section states that when trying to recall an official, a notice must be published at the proponents' cost, as outlined in another section of the Government Code.
If there's no local newspaper that can publish it in time, then the notice must be posted in at least three public places in the area where the official serves.
Section § 11023
If an official is facing a recall, they have seven days after being notified to write a response of up to 200 words. They must submit this response to the relevant elections official or, for state officers, the Secretary of State.
If a response is made, the official must also provide a copy directly to one of the people seeking the recall within the same seven-day period. This can be done through personal delivery or certified mail. The response should include the official's signature, printed name, and either business or home address.
Section § 11024
This law explains that in election matters, the statement and answer provided are for the voters' information, and any issues with their form or substance won’t impact the election's validity.
However, it also clarifies that including false, slanderous, or libelous information in these documents does not protect the authors from civil or criminal penalties.