Section § 11100

Explanation

This law explains that the rules in this chapter are specifically for recalling state officers in California. When recalling state officers, other constitutional sections and specific chapters of California law also apply alongside this chapter.

(a)CA Elections Code § 11100(a) This chapter applies only to the recall of state officers.
(b)CA Elections Code § 11100(b) In addition to this chapter, Sections 13 to 18, inclusive, of Article II of the California Constitution and the applicable provisions of Chapter 1 (commencing with Section 11000) and Chapter 4 (commencing with Section 11300) shall govern the recall of state officers.

Section § 11101

Explanation

This law states that unless an official investigation proves otherwise, it is assumed that a petition has the correct number of valid signatures from registered voters.

Unless and until it is otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of registered voters.

Section § 11102

Explanation

If you're gathering signatures to recall an elected official, you must submit each part of the petition to the elections office in the county where you collected them.

Each section of a recall petition shall be filed with the elections official of the county for which it was circulated.

Section § 11103

Explanation

When petition sections are being filed, they must be submitted either by the supporters of the petition or someone they've given written permission to. Each time a person files the petition sections, they need to show the elections official this written authorization.

Each section of the petition shall be filed by the proponents or by any person or persons authorized, in writing, by a proponent. Each time an authorized person or persons files a section or sections of a petition, a copy of the written authorization shall be submitted to the elections official.

Section § 11104

Explanation

This law section outlines the procedures that an elections official in California must follow when handling recall petitions. Every 30 days after a recall starts, and more often if they choose, they must report the number of signatures collected and verified to the Secretary of State. This report must cover signatures gathered in the previous 30 days, excluding weekends and holidays.

They must report both the total number of signatures submitted and the number of valid signatures verified. The validity of the signatures is checked as detailed in another law, Section 9031. Once every 30 days, they must also attach a form, provided by the Secretary of State, to the petition and submit copies to the necessary parties. Additionally, they are not required to verify signatures until at least 10 percent of the necessary signatures for the recall qualification have been submitted.

(a)CA Elections Code § 11104(a) The elections official, 30 days after a recall has been initiated and every 30 days thereafter, or more frequently at the discretion of the elections official, shall report to the Secretary of State all of the following:
(1)CA Elections Code § 11104(a)(1) The number of signatures submitted on the recall petition sections for the period ending five days previously, excluding Saturdays, Sundays, and holidays.
(2)CA Elections Code § 11104(a)(2) The cumulative total of all signatures received since the time the recall was initiated and through the period ending five days previously, excluding Saturdays, Sundays, and holidays.
(3)CA Elections Code § 11104(a)(3) The number of valid signatures, verified pursuant to subdivision (b), submitted during the previous reporting period, and of valid signatures verified during the current reporting period.
(4)CA Elections Code § 11104(a)(4) The cumulative total of all valid signatures received since the time the recall was initiated and ending five days previously, excluding Saturdays, Sundays, and holidays.
(b)CA Elections Code § 11104(b) Signatures shall be verified in the same manner set forth in subdivision (b) of Section 9031.
(c)CA Elections Code § 11104(c) The elections official, at the end of each 30-day period, shall attach to the petition a form provided by the Secretary of State, properly dated, that includes the information required by subdivision (a), and submit a copy of the petition, except as to the signatures appended thereto, to the Secretary of State and file a copy of the form in his or her office.
(d)CA Elections Code § 11104(d) Notwithstanding subdivisions (a) and (b), and Section 11106, the elections official shall not be required to verify signatures on a recall petition until the signatures submitted equal at least 10 percent of the total signatures required to qualify the recall for the ballot, as determined by the Secretary of State.

Section § 11106

Explanation

After all signatures for a petition are submitted, they must be verified by the elections official promptly, using the process outlined in another section. However, if the usual 60-day verification process would prevent the recall election from being held at the same time as the next scheduled election, the verification must be completed within 30 days, not counting weekends and holidays.

(a)CA Elections Code § 11106(a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.
(b)CA Elections Code § 11106(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, 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 Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution.

Section § 11107

Explanation

This law requires the official in charge of elections to attach a certificate to a petition after checking it. This certificate indicates the results of the review. A copy of the petition, minus the signatures, must be sent to the Secretary of State. Another copy of the certificate should be kept in the official's office.

The elections official, upon the completion of each examination, shall forthwith attach to the petition a certificate, properly dated, showing the result of the examination, and submit a copy of the petition, except as to the signatures appended thereto, to the Secretary of State and file a copy of the certificate in his or her office.

Section § 11108

Explanation

This law outlines the steps that need to happen when enough signatures are collected to start a recall election. First, the Secretary of State informs county elections officials. Voters have 30 days to withdraw their signatures if they want. If there are enough valid signatures, the Secretary of State informs the Department of Finance to estimate the recall's cost. These costs include things like verifying signatures and running polling places, and they estimate expenses for both a special election and one held during a regular election. These estimates go to the Governor, Secretary of State, and a legislative committee. The recall can't move forward until the financial estimates are reviewed by the budget committee or sufficient funds are appropriated. Finally, the Secretary of State publishes the cost estimate online.

(a)CA Elections Code § 11108(a) When the Secretary of State has received from one or more county elections officials a petition certified to have been signed by a sufficient number of registered voters to initiate a recall election, the Secretary of State shall, within 10 days, notify each county elections official of that fact.
(b)CA Elections Code § 11108(b) Notwithstanding any other law, any voter who has signed a recall petition under this chapter shall have the voter’s signature withdrawn from the petition upon the voter filing a written request that includes the voter’s name, residence address, and signature with the elections official within 30 business days of the Secretary of State’s notice provided by subdivision (a).
(c)CA Elections Code § 11108(c) No later than 10 business days after the withdrawal period provided by subdivision (b), the elections officials shall report to the Secretary of State the total number of signatures that have been withdrawn pursuant to subdivision (b). The Secretary of State shall promptly make a second preliminary determination of whether the petitions have been signed by the sufficient number of registered voters to initiate a recall election. If the petitions have not been signed by a sufficient number of registered voters, the Secretary of State shall notify the county elections officials to continue to verify signatures pursuant to Section 11104. The Secretary of State and elections officials shall continue to make the notifications and reports required by this section until such time as the Secretary of State determines that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election.
(d)CA Elections Code § 11108(d) Upon receipt of the notification from the Secretary of State required in subdivision (c) that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election, the Department of Finance shall, in consultation with the affected elections officials and the Secretary of State, estimate the costs of the recall election, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places. The Department shall estimate the costs that would be incurred if (1) the recall election is held as a special election and (2) the recall election is consolidated with the next regularly scheduled election pursuant to subdivision (b) of Section 15 of Article II of the California Constitution. Within 30 business days of receipt of the Secretary of State’s notice of sufficient signatures to initiate a recall required by subdivision (c), the Department of Finance shall submit the estimate to the Governor, the Secretary of State, and the Chairperson of the Joint Legislative Budget Committee.
(e)CA Elections Code § 11108(e) Notwithstanding any other law, the Secretary of State shall not certify the sufficiency of the signatures under Section 11109 until the Department of Finance has submitted the estimate required by subdivision (d) and either of the following has occurred:
(1)CA Elections Code § 11108(e)(1) The Joint Legislative Budget Committee has had 30 days to review and comment on the estimate submitted by the Department of Finance pursuant to subdivision (d).
(2)CA Elections Code § 11108(e)(2) The Legislature has appropriated funds that it determines are reasonably necessary to conduct the recall election and has designated funds for that purpose in the Budget Act or in another statute.
(f)CA Elections Code § 11108(f) The Secretary of State shall publish a copy of the estimate submitted by the Department of Finance on the Secretary of State’s public internet website no later than 21 business days after the day that the Secretary of State certifies the sufficiency of the signatures under Section 11109.
(g)CA Elections Code § 11108(g) After the Secretary of State has certified the sufficiency of the signatures under Section 11109, the Director of Finance, or the director’s designee, shall direct the Controller to remit to the elections official from those funds designated for that purpose in any budget act or other statute an amount that takes into consideration the amount of funds available for the purpose, the number of elections officials expected to conduct state recall elections held in that fiscal year, the Department of Finance’s estimates of the costs of each elections official to conduct each state recall election, and the amount reasonably necessary to conduct such recall election.

Section § 11109

Explanation

Once enough valid signatures are gathered for a proposal, the Secretary of State confirms this and informs the Governor.

When the Secretary of State determines that the proponents have collected sufficient signatures, he or she shall certify that fact to the Governor.

Section § 11110

Explanation

Once the Secretary of State confirms that there are enough valid signatures on a recall petition, the Governor must announce that an election will be held. Officials in charge of elections will handle all the necessary preparations. This recall election is to be conducted and the results announced just like any other state election.

Upon receiving certification of the sufficiency of the recall petitions from the Secretary of State, the Governor shall make or cause to be made publication of notice for the holding of the election. Officers charged by law with duties concerning elections shall make all arrangements for the election. The election shall be conducted, returned, and the results declared, in all respects as are other state elections.