http://www.igs.berkeley.edu/library/htRecall2003.htmlThe first step in a recall effort is the circulation of recall petitions. The process begins with the filing of a notice-of-intent-to-recall petition written in the proper legal language and signed by 65 voters. Once that is accomplished, the recall petition can be circulated in earnest. Petitions for the recall of statewide officers must be signed by voters equal in number to 12% of the last vote for that office, including voters from each of five counties equal in number to 1% of the last vote for the office in that county. Petitions for the recall of state legislators must equal in number to 20% of the last vote for the office.
The recall ballot has two components: a yes or no vote for recall, and the names of replacement candidates, selected by the nomination process used in regular elections. The recall measure itself is successful if it passes by a majority. In that case, the replacement candidate with a simple plurality of votes wins the office. If the recall measure fails, the replacement candidate votes are ignored.
The language in the recall provision is strictly procedural. Substantive grounds for recalls are not specified. Recalls can be launched to remove corrupt officials, and to remove officials whose policies and performance are found wanting. The recall is but one of several mechanisms for removing public officers. Others include the normal the criminal process, impeachment, term limits, and, of course, the next election.
The recall law underwent some "streamlining" changes as a result of the passage of Proposition 9 in November 1974. The changes included a new 160-day limit on signature gathering (there was no time limit previously), and the new provision for immediate recall petitioning. Previously, there was a six-month waiting period to initiate a recall petition against a statewide elected official (five days for a legislator). Now, the recall procedure can begin immediately after the election of the recall target.
Recall provisions are summarized in Procedure for Recalling State and Local Officials, issued by the California Secretary of State's Office and revised in 2003.
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Constitutional & Statutory Basis
Recall in California is provided for in the state Constitution and in the state Elections Code.
Constitution of California, Art. II, Sec. 13-20.
California Elections Code, Div. 11, Recall Elections.
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