Frequently Asked Questions about Voting on a Recall Petition

Frequently Asked Questions about Voting on a Recall Petition By Chris Micheli

What is the recall? It is defined as the “the power of the electors to remove an elective officer.”

Where is the authority for a recall? It is found in the California Constitution in Article II, Section 13.

How is a recall started? The process is initiated by filing of the petition alleging a reason for the recall.

Can the reason for the recall be reviewed? No, the “sufficiency of reason is not reviewable,” pursuant to Section 14 of Article II. As such, neither a court nor a government official can “second-guess” the reason stated for the elected officer’s recall.

            When is a possible successor chosen in a recall? At the same election to determine whether to recall the elective officer, there is also an election to determine a successor for the office.

How is a successor chosen? Pursuant to Section 15 of Article II, “if the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate…”

            How many votes are cast in a recall election? The electorate casts two votes at the election: (1) Shall the elective officer be recalled? (2) Which candidate do you vote for to fill the term if the officer is removed?

What happens if the official is not removed? If the officer is not removed, then the results of the second question are moot.

What happens if the official is removed? If the officer is removed, then he is she is replaced at the same election by the candidate who gets the highest number of votes. There is not a run-off election.

            Is there a limit on the number of times an official can be subject to recall? Under Section 18 of Article II, “another recall may not be initiated against the officer until six months after the election.” Therefore, repeat efforts to recall the same official can only possibly be pursued twice a year.

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