Enacted by Stats. 1994, Ch. 920, Sec. 2.
No insufficiency in a petition against any officer shall bar the later filing of a new petition against that officer.
Article 1 - General Provisions
California Elections Code — §§ 11300-11303
Sections (4)
Amended by Stats. 2021, Ch. 615, Sec. 97. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.
If a petition is found insufficient by the elections official or, in the case of the recall of a state officer, the Secretary of State, the petition signatures may be examined in accordance with Section Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code.
Amended by Stats. 2014, Ch. 591, Sec. 3. (AB 1311) Effective January 1, 2015.
(a)Except as described in paragraph (3) of subdivision (b), if a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election shall nevertheless proceed.
(b)(1) Upon the occurrence of the vacancy, the elections official for each county in which a section of the recall petition has been filed shall immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy.
(2)If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall
election shall proceed.
(3)If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election shall not proceed and a vacancy in the office that is the subject of the recall election shall be filled as otherwise provided by law.
(4)A person who was subject to a recall petition may not be appointed to fill the vacancy in the office that he or she vacated and that person may not be appointed to fill any other vacancy in office on the same governing board for the duration of the term of office of the seat that he or she vacated.
Amended by Stats. 2022, Ch. 166, Sec. 4. (AB 2967) Effective January 1, 2023.
A voter who has signed a recall petition shall have their signature withdrawn from the petition upon filing a written request that includes the name or title of the petition and the voter’s name, residence address, and signature with the elections official prior to the day the petition section bearing the voter’s signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.