Section § 11220

Explanation

If you're trying to recall an elected official, you have a deadline for submitting your recall petition. The time frame depends on the number of registered voters in the area. For fewer than 1,000 voters, you have 40 days. If there are between 1,000 and 5,000 voters, you get 60 days, and if there are 5,000 to 10,000 voters, it’s 90 days. From 10,000 to 50,000 voters, the deadline is 120 days, and for 50,000 or more, it's 160 days. The number of voters is based on the last registration report before any changes are required to the petition form.

(a)CA Elections Code § 11220(a) A recall petition shall be submitted to the elections official for filing in his or her office during normal office hours as posted within the following number of days after the clerk or, in the case of a recall of a state officer, the Secretary of State, notifies the proponents that the form and wording of the petition meets the requirements of Article 3 (commencing with Section 11040) of Chapter 1:
(1)CA Elections Code § 11220(a)(1) Forty days if the electoral jurisdiction has less than 1,000 registered voters.
(2)CA Elections Code § 11220(a)(2) Sixty days if the electoral jurisdiction has less than 5,000 registered voters but at least 1,000.
(3)CA Elections Code § 11220(a)(3) Ninety days if the electoral jurisdiction has less than 10,000 registered voters but at least 5,000.
(4)CA Elections Code § 11220(a)(4) One hundred twenty days if the electoral jurisdiction has less than 50,000 registered voters but at least 10,000.
(5)CA Elections Code § 11220(a)(5) One hundred sixty days if the electoral jurisdiction has 50,000 registered voters or more.
(b)CA Elections Code § 11220(b) For purposes of this section, the number of registered voters shall be that which was reported at the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187 and prior to a finding of the elections official or Secretary of State that no alterations are required in the form of the recall petition pursuant to Section 11042.

Section § 11221

Explanation

This law outlines how many signatures are needed to recall an official in California, depending on their jurisdiction.

For city, county, and district officials, the required signatures range from 10% to 30% of registered voters, based on voter registration numbers. Smaller areas need higher percentages. For state officers, the number of signatures is defined by the California Constitution. For judges, it depends on votes from the most recent election with the fewest countywide votes. Additionally, for landowner voting districts, 10% of the land's assessed value is required.

The number of qualified signatures required in order to qualify a recall for the ballot shall be as follows:
(a)CA Elections Code § 11221(a) In the case of an officer of a city, county, school district, community college district, county board of education, or resident voting district, the number of signatures shall be equal in number to not less than the following percent of the registered voters in the electoral jurisdiction:
(1)CA Elections Code § 11221(a)(1) Thirty percent if the registration is less than 1,000.
(2)CA Elections Code § 11221(a)(2) Twenty-five percent if the registration is less than 10,000 but at least 1,000.
(3)CA Elections Code § 11221(a)(3) Twenty percent if the registration is less than 50,000 but at least 10,000.
(4)CA Elections Code § 11221(a)(4) Fifteen percent if the registration is less than 100,000 but at least 50,000.
(5)CA Elections Code § 11221(a)(5) Ten percent if the registration is 100,000 or above.
(b)CA Elections Code § 11221(b) For purposes of this section, the number of registered voters shall be calculated as of the time of the last report of registration by the county elections official to the Secretary of State pursuant to Section 2187, and prior to the finding by the elections official or Secretary of State that no alterations are required in the form of the recall petition pursuant to Section 11042.
(c)Copy CA Elections Code § 11221(c)
(1)Copy CA Elections Code § 11221(c)(1) In the case of a state officer, including judges of courts of appeal and trial courts, the number of signatures shall be as provided for in subdivision (b) of Section 14 of Article II of the California Constitution. In the case of a judge of a superior court, which office has never appeared on the ballot since its creation, or did not appear on the ballot at its last election pursuant to Section 8203, the number of signatures shall be as provided in subdivision (b) of Section 14 of Article II of the California Constitution, except that the percentage shall be based on the number of votes cast within the judicial jurisdiction for the countywide office which had the least number of votes in the most recent general election in the county in which the judge holds his or her office.
(2)CA Elections Code § 11221(c)(2) For purposes of this subdivision, “countywide office” means an elective office wholly within the county which is voted on throughout the county.
(d)CA Elections Code § 11221(d) In the case of a landowner voting district, signatures of voters owning at least 10 percent of the assessed value of land within the electoral jurisdiction of the officer sought to be recalled.

Section § 11222

Explanation

This law explains how a petition for a recall or initiative must be filed in California. The petition can be filed by the people who support it, or someone they give written permission to. Every section of the petition must be submitted all at once.

When the petition is handed in, the elections official checks if the number of signatures meets the minimum requirement. If it does, the official accepts the petition on that day, and it's considered filed. If any part of the petition isn't filed at the same time, it's invalid. If the signatures don't meet the minimum required, no further steps will be taken.

(a)CA Elections Code § 11222(a) The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by a proponent. All sections of the petition shall be filed at the same time.
(b)CA Elections Code § 11222(b) When the petition is presented for filing, the elections official shall determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the elections official shall accept the petition for filing. The petition shall be deemed as filed on that date. A section of the petition not so filed is void for all purposes. If, from the elections official’s examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.

Section § 11223

Explanation

In California, if a recall petition has signatures from multiple counties, each county's election official must include a certificate with the number of registered voters from their county who live in the area of the official being recalled.

If the petition was circulated in more than one county, the elections official of each county shall affix, with the certificate showing the results of his or her examination, the number of registered voters of the county residing within the electoral jurisdiction of the officer sought to be recalled.

Section § 11224

Explanation

This law explains what happens after a petition is filed with the elections official. The official has 30 days (excluding weekends and holidays) to examine the petition and confirm if there are enough valid signatures from registered voters. If there are enough signatures, the petition is marked as sufficient; if not, it's marked as insufficient.

The official can use copies of voter signatures to verify them, as long as this complies with the law. After checking, the official attaches a certificate to the petition with the findings and informs the petition's authors if it's sufficient or not. If it's sufficient, the official forwards the results to the governing board's next regular meeting.

(a)CA Elections Code § 11224(a) Except as provided in Section 11225, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall examine the petition, and from the records of registration, ascertain whether or not the petition is signed by the requisite number of voters. If the elections official’s examination shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(b)CA Elections Code § 11224(b) In determining the number of valid signatures, the elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(c)CA Elections Code § 11224(c) The elections official shall attach to the petition a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(d)CA Elections Code § 11224(d) If the petition is found sufficient, the elections official shall certify the results of the examination to the governing board at its next regular meeting.

Section § 11225

Explanation

This law describes how election officials should handle signature verification for petitions. If more than 500 signatures are submitted, officials can use a random sample to verify them, ensuring all signatures have an equal chance to be included. The sample must check at least 500 or 5% of signatures, whichever is more. If valid signatures exceed 110% of required numbers, the petition is certified as sufficient.

If valid signatures are between 90% and 110% of what's needed, each signature is verified. A petition is certified as sufficient or insufficient based on total valid signatures. Petitions with fewer than 90% valid signatures are deemed insufficient. Officials can use accurate voter signature facsimiles for this verification process.

Elections officials must communicate the results to petitioner proponents, and a certificate of sufficiency or insufficiency is attached to the petition. Insufficient petitions cannot proceed but can be resubmitted as new petitions. If sufficient, certification is reported to the governing body at its next regular meeting.

(a)CA Elections Code § 11225(a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)CA Elections Code § 11225(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.
(c)CA Elections Code § 11225(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.
(d)CA Elections Code § 11225(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections official’s examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(e)CA Elections Code § 11225(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.
(f)CA Elections Code § 11225(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(g)CA Elections Code § 11225(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(h)CA Elections Code § 11225(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.
(i)CA Elections Code § 11225(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.

Section § 11226

Explanation

If a petition certificate is found to be lacking the necessary requirements, then no further action will be taken on it. However, the petition will still be kept on record.

If the certificate shows that the petition is insufficient, no action shall be taken on it, but the petition shall remain on file.

Section § 11227

Explanation

This law explains what happens when an elections official finds that a petition has enough signatures to move forward with a recall election. The official must prepare a certificate with key details and present it to the governing body at their next meeting. This certificate includes the name and title of the officer being recalled, the number of signatures needed, the total number of signatures collected, the count of valid signatures, and how many were disqualified.

If the elections official finds the signatures on the petition to be sufficient, he or she shall submit his or her certificate as to the sufficiency of the petition to the governing body at its next regular meeting. The certificate shall contain:
(a)CA Elections Code § 11227(a) The name of the officer whose recall is sought.
(b)CA Elections Code § 11227(b) The title of his or her office.
(c)CA Elections Code § 11227(c) The number of signatures required by law.
(d)CA Elections Code § 11227(d) The total number of signatures on the petition.
(e)CA Elections Code § 11227(e) The number of valid signatures on the petition.
(f)CA Elections Code § 11227(f) The number of signatures which were disqualified.