How to Recall the Recall

The newly elected governor has yet to take office and there are already more than enough reasons for the people of California to demand his recall. He has been elected with less than 50% of the vote, so clearly the majority of voters prefer that some one else be their governor.

There is no limit to the number of recalls the people can initiate. Another recall can start six months after the last election. If 12% of the number of voters in the last election petition for a recall, the recall is on. In this latest election was around 7.7 million people voted. 12% of that is a little less than 930,000. The number of voters who voted no on the recall was 3.5 million. So the voters are out there if the signatures can be gathered.

Below are the details from the constitution of the state of California pertaining to the recall law:

CALIFORNIA CONSTITUTION

ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL

SEC. 13. Recall is the power of the electors to remove an elective officer.

SEC. 14. (a) Recall of a state officer is initiated by delivering to the Secretary of State a petition alleging reason for recall. Sufficiency of reason is not reviewable. Proponents have 160 days to file signed petitions. (b) A petition to recall a statewide officer must be signed by electors equal in number to 12 percent of the last vote for the office, with signatures from each of 5 counties equal in number to 1 percent of the last vote for the office in the county. Signatures to recall Senators, members of the Assembly, members of the Board of Equalization, and judges of courts of appeal and trial courts must equal in number 20 percent of the last vote for the office.

(c) The Secretary of State shall maintain a continuous count of the signatures certified to that office.

SEC. 15. (a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.

(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.

(c) 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, nor shall there be any candidacy for an office filled pursuant to subdivision (d) of Section 16 of Article VI.

SEC. 16. The Legislature shall provide for circulation, filing, and certification of petitions, nomination of candidates, and the recall election.

SEC. 17. If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the Lieutenant Governor or Controller, respectively.

SEC. 18. A state officer who is not recalled shall be reimbursed by the State for the officer's recall election expenses legally and personally incurred. Another recall may not be initiated against the officer until six months after the election.

END OF SECTION