Article 4 - Recall Elections

California Elections Code — §§ 11381-11386

Sections (6)

Amended by Stats. 2022, Ch. 790, Sec. 3. (AB 2582) Effective January 1, 2023.

Nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election insofar as that procedure is consistent with this article. The following exceptions shall be made to that procedure:

(a)For recalls of state officers, the nomination papers and the declaration of candidacy shall, in each case, be filed no less than 59 days prior to the date of the election and not before the day the order of the election is issued. The Secretary of State shall certify the names of the candidates to be placed on the ballot by the 55th day prior to the election.

(b)No person whose recall is being sought may be a candidate to succeed himself or herself at a recall election.

§ 11382

Amended by Stats. 2025, Ch. 251, Sec. 1. (AB 94) Effective January 1, 2026.

There shall not be an election for a successor in a recall of a local officer pursuant to Chapter 3 (commencing with Section 11200). If a majority of the votes on a recall proposal for a local officer are “Yes”, the officer is removed and the office shall be vacant until it is filled according to law, provided that the officer who was the subject of the recall election shall not be appointed to fill the vacancy in that office.

§ 11383

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

If one-half or more of the votes at a recall election are “No”, the officer sought to be recalled shall continue in office.

§ 11384

Amended by Stats. 2022, Ch. 790, Sec. 5. (AB 2582) Effective January 1, 2023.

Except as provided in Section 11382, if a majority of the votes on a recall proposal are “Yes”, the officer sought to be recalled shall be removed from office upon the qualification of the officer’s successor.

§ 11385

Amended by Stats. 2025, Ch. 251, Sec. 2. (AB 94) Effective January 1, 2026.

If a state officer is recalled at a recall election, the candidate receiving the highest number of votes for the office shall be declared elected for the unexpired term of the recalled officer.

§ 11386

Amended by Stats. 2022, Ch. 790, Sec. 7. (AB 2582) Effective January 1, 2023.

If the candidate who received the highest number of votes in a recall election for a state officer fails to qualify within 10 days after receiving the certificate of election, the office to which the candidate was elected shall become vacant and shall be filled according to law.