II. RECALL OF LOCAL OFFICERS

Posted: July 25, 2010 in Uncategorized

II. RECALL OF LOCAL OFFICERS
A. IN GENERAL
The State Constitution requires that the Legislature must provide for the
recall of local officers. This provision, however, does not affect counties
and cities whose charters provide for recall. (Cal.Const., Art. II, Sec. 19)
A “local officer” is defined as an elective officer of a city, county, school
district, community college district, or special district, or a judge of a
superior or municipal court. (§§11001, 11004)
For the purpose of recall of local officers, the term “clerk” refers to the
appropriate elections official for the jurisdiction in which the recall is being
sought, in particular:
1. the county elections official (the County Clerk or Registrar of Voters) in
the case of the recall of elective officers of a county, school district,
county board of education, community college district, or resident
voting district, and of judges of superior or municipal court.
2. the city clerk in the case of the recall of elective officers of a city; or
3. the secretary of the governing board in case of the recall of elective
officers of a landowner voting district or any district in which, at a
regular election, candidates’ nomination papers are filed with the
secretary of the governing board. (§§307, 311, 11002)
“Governing Board” includes a city council, the board of supervisors of a
county, the board of trustees of a school district or community college
district, or the legislative body of a special district. In the case of the recall
of a trial court judge “governing board” means the board of supervisors.
(§11003)
All of the required “Proponents5” of a recall must be registered voters in
the electoral jurisdiction of the officer they seek to recall. (§11005)
“Electoral jurisdiction” is the area where the voters reside who are
qualified to vote for the office of the officer sought to be recalled. (§322)
5Proponents are those individuals who initiate the recall proceedings and have control of
the circulation of and obtaining signatures to the recall petition.

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