Article 3 - Recall Petition

California Elections Code — §§ 11040-11047

Sections (10)

Enacted by Stats. 1994, Ch. 920, Sec. 2.

(a)The petition may consist of any number of separate sections, which shall be duplicates except as to signatures and matters required to be affixed by signers and circulators. The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures.

(b)Each section of the petition may consist of any number of separate pages. A page shall consist of each side of a sheet of paper on which any signatures appear.

§ 11041

Amended by Stats. 2022, Ch. 791, Sec. 4.5. (AB 2584) Effective January 1, 2023.

(a)The proponents shall use the recall petition format provided by the Secretary of State and available from the county elections official or the Secretary of State. Before any signature may be affixed to a recall petition, each page of each section must bear all of the following in no less than 8-point type:

(1)(A) (i) If the officer sought to be recalled is a state officer, a request that an election be called to elect a successor to the officer.

(ii) If the officer sought to be recalled is a justice of the Supreme Court or of a court of appeal, as specified in subdivision (a) of Section 16 of Article VI of the California Constitution, a request

that the Governor appoint a successor to the officer.

(B)The petition shall not include a request for a successor to be elected or appointed if the officer sought to be recalled is a local officer.

(2)A copy of the notice of intention, including the statement of grounds for recall. For purposes of this paragraph, the copy of the notice of intention shall contain the names of at least 10 recall proponents that appear on the notice of intention and that are selected by the proponents. The elections official shall not require the names of more than 10 proponents to be included as part of the language of the notice of intention. The provisions of Section 11023 do not need to be included as part of the language of the notice of intention.

(3)The answer of the officer sought to be recalled, if any. If the officer sought to be recalled has not answered, the petition shall so state.

(4)For a recall of a member of the governing board of a school district, the estimate of the county elections official, in consultation with the school district, of the cost of conducting the special election.

(b)All petition sections shall be printed in uniform size and darkness with uniform spacing.

§ 11042

Enacted by Stats. 1994, Ch. 920, Sec. 2.

(a)Within 10 days after filing of the answer to the notice of intention, or, if no answer is filed, within 10 days after the expiration of the seven-day period specified in Section 11023, the proponents shall file two blank copies of the petition with the elections official in his or her office during normal office hours as posted or, in the case of a recall of a state officer, with the Secretary of State, in his or her office during normal office hours as posted, who shall ascertain if the proposed form and wording of the petition meets the requirements of this chapter.

(b)At the time of the filing of the two blank copies of the petition, the proponents shall also file proof of publication of the notice of intention, if the notice of intention was published, or an affidavit of posting of the notice of intention, if the notice of intention was posted. The elections official or, in the case of a recall of a state officer, the Secretary of State, shall, within 10 days of receiving the blank copies of the petition, notify the proponents in writing of his or her finding.

(c)If the elections official finds that the requirements of this chapter are not met, the elections official shall include in his or her findings a statement as to what alterations in the petition are necessary. The proponents shall, within 10 days after receiving the notification, file two blank copies of the corrected petition with the elections official in his or her office during normal office hours as posted. The 10-day correction notification period and the 10-day filing period for corrected petitions shall be repeated until the elections official or the Secretary of State finds no alterations are required.

(d)No signature may be affixed to a recall petition until the elections official or, in the case of the recall of a state officer, the Secretary of State, has notified the proponents that the form and wording of the proposed petition meet the requirements of this chapter.

§ 11042.5

Added by Stats. 2022, Ch. 791, Sec. 5. (AB 2584) Effective January 1, 2023.

(a)For a petition for the recall of a local officer, the county elections official shall make a copy of the petition available for public examination in the elections official’s office for 10 days, which shall run concurrently with the 10-day review period for the elections official to determine whether the form and wording of the petition are sufficient pursuant to Section 11042.

(b)(1) During the public examination period described in subdivision (a), a voter of the applicable electoral jurisdiction or the elections official may seek a writ of mandate or an injunction requiring any or all of the statement of the proponents or the answer of the

officer included with the petition to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-day public examination period.

(2)A peremptory writ of mandate or an injunction shall issue only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this chapter.

§ 11043

Amended by Stats. 2022, Ch. 887, Sec. 8. (SB 1360) Effective January 1, 2023.

(a)The petition sections shall be designed so that each signer shall personally affix all of the following:

(1)The signer’s signature.

(2)The signer’s printed name.

(3)The signer’s residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.

(4)The name of the incorporated city or unincorporated community in which the signer resides.

(5)If the petition does not include the disclosure statement described by subdivision (b) of Section 107, the following text on a separate horizontal line below the signer’s printed name and above the signer’s signature: “DO NOT SIGN UNLESS you have seen Official Top Funders sheet and its month is still valid.” The text “DO NOT SIGN UNLESS” shall be in all capitals and in boldface. The other text shall be capitalized as shown and shall not be in boldface.

(b)A margin, at least one inch wide, shall be left blank across the top of each page of the petition. A margin, at least one-half

inch wide, shall be left blank along the bottom of each page of the petition.

(c)A space, at least one inch wide, shall be left blank after each name for the use of the elections official in verifying the petition.

§ 11043.5

Added by Stats. 1996, Ch. 714, Sec. 5. Effective January 1, 1997.

(a)The Secretary of State shall provide to county elections officials a recall petition format for distribution to proponents of a recall. The recall petition format shall be made available upon request by the county elections official and by the Secretary of State.

(b)The recall petition format made available pursuant to this section shall be utilized by proponents of a recall election.

§ 11044

Enacted by Stats. 1994, Ch. 920, Sec. 2.

Separate petitions are necessary to propose the recall of each officer.

§ 11045

Amended by Stats. 2013, Ch. 278, Sec. 27. (SB 213) Effective January 1, 2014.

Only registered voters of the electoral jurisdiction of the officer sought to be recalled are qualified to sign a recall petition for that officer. A person who meets the requirements of Section 102 may circulate the petition.

§ 11046

Amended by Stats. 2013, Ch. 278, Sec. 28. (SB 213) Effective January 1, 2014.

To each section of a petition shall be attached a declaration, signed by the circulator thereof, that complies with Section 104.

§ 11047

Amended by Stats. 2004, Ch. 156, Sec. 1. Effective January 1, 2005.

When a petition is circulated in more than one county for the recall of an officer, each section of the petition shall bear the name of the county for which it is circulated, and only registered voters of that county may sign that section.