Section § 11020

Explanation

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.

(a)CA Elections Code § 11020(a) The notice of intention shall contain all of the following:
(1)CA Elections Code § 11020(a)(1) The name and title of the officer sought to be recalled.
(2)CA Elections Code § 11020(a)(2) A statement, not exceeding 200 words in length, of the reasons for the proposed recall.
(3)CA Elections Code § 11020(a)(3) The printed name, signature, and residence address, including street and number, city, and ZIP Code, of each of the proponents of the recall. If a proponent cannot receive mail at the residence address, the proponent shall provide an alternative mailing address. The notice of intention shall include at least the number of proponents specified in subdivision (b).
(4)CA Elections Code § 11020(a)(4) The provisions of Section 11023.
(b)Copy CA Elections Code § 11020(b)
(1)Copy CA Elections Code § 11020(b)(1) For a state office, and for a local office where the number of registered voters in the electoral jurisdiction is at least 100,000, the minimum number of proponents listed on the notice of intention is 50, or equal to five times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher.
(2)CA Elections Code § 11020(b)(2) For a local office where the number of registered voters in the electoral jurisdiction is at least 1,000 but less than 100,000, the minimum number of proponents listed on the notice of intention is 30, or equal to three times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher.
(3)CA Elections Code § 11020(b)(3) For a local office where the number of registered voters in the electoral jurisdiction is less than 1,000, the minimum number of proponents listed on the notice of intention is 30.

Section § 11021

Explanation

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.

A copy of the notice of intention shall be served by personal delivery, or by certified mail, on the officer sought to be recalled. Within seven days of serving the notice of intention, the original thereof shall be filed, along with an affidavit of the time and manner of service, with the elections official or, in the case of the recall of a state officer, the Secretary of State. A separate notice of intention shall be filed for each officer sought to be recalled.

Section § 11022

Explanation

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.

A copy of the notice, except the provisions required by paragraph (4) of subdivision (a) of Section 11020, shall be published at the proponents’ expense pursuant to Section 6061 of the Government Code. Publication shall be required unless there is no newspaper of general circulation able to provide timely publication in the jurisdiction of the officer sought to be recalled. If this publication is not possible, the notice, except the provisions required by paragraph (4) of subdivision (a) of Section 11020, shall be posted in at least three public places within the jurisdiction of the officer to be recalled.

Section § 11023

Explanation

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.

(a)CA Elections Code § 11023(a) Within seven days after the filing of the notice of intention, the officer sought to be recalled may file with the elections official, or in the case of a state officer, the Secretary of State, an answer, in not more than 200 words, to the statement of the proponents.
(b)CA Elections Code § 11023(b) If an answer is filed, the officer shall, within seven days after the filing of the notice of intention, also serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice of intention.
(c)CA Elections Code § 11023(c) The answer shall be signed and shall be accompanied by the printed name and business or residence address of the officer sought to be recalled.

Section § 11024

Explanation

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.

(a)CA Elections Code § 11024(a) The statement and answer are intended solely for the information of the voters. No insufficiency in form or substance thereof shall affect the validity of the election proceedings.
(b)CA Elections Code § 11024(b) This section shall not be deemed to make the statement and answer, or the authors of the statement or answer, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous material included in the statement or answer.