Recall local officials part 2

Posted: July 26, 2010 in Uncategorized

B. PRELIMINARY STEPS
1. Serve, File, Publish Notice of Intention
Proponents begin the recall of an elective officer, including any
officer appointed in lieu of election or to fill a vacancy, by the
service, filing and publication or posting of a Notice of Intention to
circulate a recall petition. (§11006)
The only limitation on these proceedings is that they may not be
commenced against an officer of a city, county, special district,
school district, community college district, or county board of
education if:
(a) the officer has not held office during the current term for
more than 90 days.
(b) a recall election has been determined in the officer’s favor
within the last six months.
(c) the officer’s term ends within six months or less.
However, these limitations do not apply to an officer appointed in
lieu of an election pursuant to §10229(a)(2). (§11007)
2. Serve the Notice of Intention
A copy of the Notice of Intention must be served by personal
delivery or by certified mail on the officer sought to be recalled. In
addition, the original of the Notice of Intention, along with an
affidavit of the time and manner of service, must be filed within 7
days with the appropriate elections official. A separate Notice of
Intention must be filed for each officer sought to be recalled.
[See Exhibits A and B] (§11021)
3. Publish
A copy of the notice must be published at the proponents’ expense
at least once in a newspaper of general circulation. The publication
need not include the information listed in Section 5(d) below. If
such publication is not possible, the notice shall be posted in at
least three public places within the jurisdiction of the officer sought
to be recalled. Posting is allowed only if there is no newspaper of
general circulation able to provide timely publication in the
jurisdiction of the officer whose recall is being sought.
(Government Code §6000, et seq., §11022)
16
4. File Proof of Publication
The proponents must file proof of publication6 or an affidavit of
posting the Notice of Intention at the same time that they file two
blank copies of the petition with the appropriate elections official.
(§11042)
5. Content of Notice of Intention
The Notice of Intention must contain all of the following:
(a) the name and title of the officer to be recalled;
(b) a statement, not over 200 words in length, of the reasons for
recall;
(c) the printed name, signature, and residence address of each
of the proponents. If a proponent cannot receive mail at his
or her residence address, the Notice of Intention must also
contain his or her mailing address. The number of signers
shall be 10 or equal to the number of signatures required to
be filed on the nomination paper of the officer sought to be
recalled, whichever is greater. Each proponent must be a
registered voter in the electoral jurisdiction;
(d) the provisions of Elections Code §11023, which permit
incumbents who are the subject of recall to file an answer to
the notice and prescribes the method for doing so.
[See Exhibit C] (§§11005, 11020)
6. Answer of Recallee
Within seven days after the filing of the Notice of Intention, the
officer sought to be removed may file with the elections official an
answer of not more than 200 words. (§11023(a))
The answer shall be signed and shall be accompanied by the
printed name, signature, and business or residence address of the
officer sought to be recalled. (§11023(c))
7. Serve the Answer
If an answer is filed, the officer must within seven days after the
filing of the Notice of Intention, serve a copy of the answer, by
personal delivery or by certified mail, on one of the proponents
named in the notice. (§11023)
6 Proof of publication is obtained from the newspaper publisher after the Notice of Intention
appears in print.

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