CHAPTER 2. Recall of State Officers: Intermediate Steps in the Recall [11100 - 11110]
( Chapter 2 enacted by Stats. 1994, Ch. 920, Sec. 2. )
(a) This chapter applies only to the recall of state officers.
(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.
(Amended by Stats. 2010, Ch. 328, Sec. 62. (SB 1330) Effective January 1, 2011.)
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.
(Amended by Stats. 1996, Ch. 714, Sec. 8. Effective January 1, 1997.)
Each section of a recall petition shall be filed with the elections official of the county for which it was circulated.
(Amended by Stats. 2004, Ch. 156, Sec. 2. Effective January 1, 2005.)
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.
(Repealed and added by Stats. 1996, Ch. 714, Sec. 12. Effective January 1, 1997.)
(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) The number of signatures submitted on the recall petition sections for the period ending five days previously, excluding Saturdays, Sundays, and holidays.
(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) 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) 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) Signatures shall be verified in the same manner set forth in subdivision (b) of Section 9031.
(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) 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.
(Repealed and added by Stats. 2017, Ch. 180, Sec. 6. (SB 117) Effective August 24, 2017.)
(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) 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.
(Amended by Stats. 2023, Ch. 870, Sec. 5. (SB 386) Effective January 1, 2024.)
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.
(Added by Stats. 1996, Ch. 714, Sec. 17. Effective January 1, 1997.)
(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) 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) 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) 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) 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) 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) 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) 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) 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.
(Amended by Stats. 2021, Ch. 34, Sec. 3. (SB 152) Effective June 28, 2021.)
When the Secretary of State determines that the proponents have collected sufficient signatures, he or she shall certify that fact to the Governor.
(Added by Stats. 1996, Ch. 714, Sec. 19. Effective January 1, 1997.)
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.
(Added by Stats. 1996, Ch. 714, Sec. 20. Effective January 1, 1997.)