Recall local officials part3

Posted: July 26, 2010 in Blogroll

C. FORMAT OF PETITION
The recall petition format provided by the Secretary of State is mandatory and
must be used. A copy of the required format is available from the county
elections official or from the office of the Secretary of State. (§§11041, 11043.5)
All petition sections must be printed in uniform size and darkness with uniform
spacing. [See Exhibit D] (§11041)
1. Heading
A margin at least one inch wide shall be left across the top of each
page and a margin at least one-half inch wide shall be left blank
along the bottom of each page.
[See Exhibit D] (§§100, 100.5, 11043)
Each side of a sheet of paper on which signatures appear must
include in no less than 8-point type:
(a) a request that an election be called to elect a successor to
the officer.
(b) a copy of the Notice of Intention, including the statement of
reasons for recall and a list of at least ten proponents
appearing on the Notice of Intention (NOTE: At least ten
proponents must be included7. However, the provisions of
Section 11023 relating to an answer from the officer sought
to be recalled do not need to be included as part of the
language of the Notice of Intention on the petition); and
(c) the answer, if any, of the officer sought to be recalled. If the
officer has not answered, the petition must so state.
2. Signature Space
Each signer must personally place his or her own information on
the petition and must personally sign it (unless prevented by
disability, etc.).
The petition must be designed so that each signer can personally
affix his or her:
(a) printed name;
(b) signature;
7 Legislative intent was to delete any address information from the petition. Proponents are
those voters who initiate the recall proceedings and have control of the circulation of and
obtaining signatures to the recall petition.
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(c) residence address, giving street and number, or if no street
or number exists, adequate designation of residence so that
the location may be readily determined; and
(d) name of incorporated city or unincorporated community.
Pursuant to the California Supreme Court’s decision in Assembly v.
Deukmejian (1982) 30 Cal.3d 638, 180 Cal.Rptr. 297, the petition
form must direct signers to include their “residence address” rather
than “address as registered” or other address. Noncomplying
petition forms will be rejected as invalid.
Signature spaces must be consecutively numbered commencing
with the number one for each petition section.
A space at least one inch wide must be left blank at the right margin
of the page after each name and address for the use of the
elections official in verifying the petition.
3. Declaration of Circulator
Each section of the petition must have attached to it a declaration
signed by the circulator (person soliciting signatures) of that section
of the petition, setting forth in the circulator’s own hand, all of the
following:
(a) the printed name of the circulator;
(b) the residence address of the circulator, giving street and
number, or if no street exists, adequate designation of
residence so that the location may be readily determined;
(c) the dates between which all signatures to the petition were
obtained.
The declaration must also include:
(d) that the circulator circulated that section and witnessed the
appended signatures being written;
(e) that according to the best information and belief of the
circulator, each signature is the genuine signature of the
person whose name it purports to be;
(f) that the circulator is a registered voter in the electoral
jurisdiction of the officer sought to be recalled;
(g) that the circulator certifies to the content of the declaration
as to its truth and correctness, under penalty of perjury. The
circulator shall state the date and the place of execution on
the declaration along with his or her signature.
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The circulator must personally affix his or her printed name and
residence address and the specific dates of circulation of each
petition section in every circulator’s affidavit. Preprinted dates, or
generalized dates other than the particular range of dates on which
the petition section was circulated are not authorized.
[See Exhibit D] (§§104, 11046)
4. Number of Sections and Pages
Petitions to recall local officers may consist of any number of
separate sections which must be duplicates except as to signatures
and matters required to be affixed by signers and circulators. The
number of signatures attached to each section is left up to the
discretion of the person soliciting the signatures. Each section may
consist of any number of separate pages. Each side of a sheet of
paper on which any signature may appear is a page. (§11040)
5. Approval of Form by Elections official
Proponents must file two blank copies of the proposed petition with
the appropriate elections official within ten days after filing of the
answer to the Notice of Intention, or, if no answer is filed, within ten
days after the expiration of the seven-day period for filing the
answer. The elections official must, within ten days of receiving the
copies of the petition, determine whether the proposed form and
wording of the petition meet the necessary requirements and notify
the proponents in writing of the findings. If it is found that the
petition does not meet the requirements, the notification must
include a statement of what alterations in the petitions are
necessary. Then, the proponents must file two blank copies of the
corrected petition with the elections official within ten days after
receiving notification.
The submitted blank copies of the petition will be carefully reviewed
for uniformity and correctness and will be compared to the Notice of
Intention and publication to assure accuracy in text, punctuation,
capitalization, spelling, format, etc. If the comparison discloses
discrepancies, the petition may be rejected.
The ten-day correction notification period and ten-day filing period
for corrected petitions is repeated until the elections official finds
that no alterations are required.
No signatures may be obtained on the recall petition until the form
of the petition has been approved by the elections official. (§11042)
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D. CIRCULATION OF PETITION
1. Who Can Circulate
The recall petition can be circulated only by registered voters in the
jurisdiction who are qualified to vote for the officer sought to be
recalled. (§§322, 11045)
2. Who Can Sign the Petition
The recall petition can only be signed by registered voters who are
qualified to vote for the officer sought to be recalled.(§§322, 11045)
If a local jurisidiction includes portions of more than one county,
each section of the petition must include the name of the county in
which it is circulated, and only registered voters of that county may
sign that section of the petition. (§11047)
3. Withdrawal of Signatures
Any voter may withdraw his or her signature from the recall petition
upon filing a written request with the appropriate elections official
prior to the day the petition section on which the signature appears
is filed. (§§103, 11303)
E. The number of signatures required TO QUALIFY A PARTICULAR
RECALL IS AS FOLLOWS:
1. If an officer of a city, county, school district, county board of
education, or resident voting district is sought to be recalled, the
number of signatures must be equal in number to not less than the
following percent of registered voters in the electoral jurisdiction:
(a) Thirty percent if the registration is less than 1,000.
(b) Twenty-five percent if the registration is less than 10,000 but
at least 1,000.
(c) Twenty percent if the registration is less than 50,000 but at
least 10,000.
(d) Fifteen percent if the registration is less than 100,000 but at
least 50,000.
(e) Ten percent if the registration is 100,000 or above8.
8The number of registered voters is calculated as of the time of the last report of
registration by the county elections official to the Secretary of State prior to the finding by the
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2. If a judge of a superior or municipal court is sought to be recalled
the number of valid signatures must be equal in number to at least
the twenty percent (20%) of the last vote for the office. If the office
has not appeared on the ballot since its creation or did not appear
at its last regularly scheduled date, the number of signatures must
be equal in number to at least twenty percent (20%) of the votes
cast within the jurisdiction for the “countywide office” which had the
least number of votes in the most recent general election in the
county in which the judge holds his or her office. (§11221)
3. If an officer of a landowner voting district is sought to be recalled,
signatures of voters owning at least ten percent (10%) of the
assessed value of land within the electoral jurisdiction of the officer
sought to be recalled is required. (§11221)
F. FILING OF PETITION – DEADLINE
After approval by the elections official, proponents must submit to the
elections official, during normal business hours as posted, a petition with
the requisite number of signatures within:
1. 40 days if the electoral jurisdiction has less than 1,000 registered
voters.
2. 60 days if the electoral jurisdiction has less than 5,000 registered
voters but at least 1,000.
3. 90 days if the electoral jurisdiction has less than 10,000 registered
voters but at least 5,000.
4. 120 days if the electoral jurisdiction has less than 50,000 registered
voters but at least 10,000.
elections official that no alterations are required in the form of the recall petition. See Section
II.C.5 on page 19 of this booklet.
22
5. 160 days if the electoral jurisdiction has 50,000 registered voters or
more9. (§11220)
Each petition section shall be filed by the proponents or by any person or
persons authorized in writing by a proponent. All sections of the petition
circulated in a single county must be filed at one time. A copy of the
written authorization must be included with the filing. Each section of the
petition must be filed with the elections official in the jurisdiciton for which
it was circulated. If circulated in more than one county, it must be filed in
the county for which it was circulated. (§11222)
G. EXAMINATION BY THE ELECTIONS OFFICIAL
When proponents bring in the petition for filing, the elections official must
count the number of signatures on it. If from this examination the
elections official determines that the number of signatures, on its face,
equals or is in excess of the minimum number of signatures required, the
elections official shall accept the petition for filing. The petition shall be
deemed as filed on that date. Any petition not so filed must be returned to
the proponents and is void for all purposes. (§11222)
The elections official must verify every signature submitted or, where more
than 500 signatures are submitted, may use a random sampling signature
verification technique.
1. If the random sampling technique is not used, the elections official
has 30 days from the date of filing of the petition to determine
whether the petition is signed by the required number of voters,
certify the results of the examination, and notify the proponents. If
the petition is found to have sufficient signatures, the elections
official must certify the results to the governing board at its next
regular meeting. If the petition is found to have insufficient
signatures, the elections official must certify this result. (§11224)
2. If the random sampling technique is used, the elections official must
complete the examination of the sample of signatures within 30
days of the filing of the petition. If, for example, 87 percent of the
sample signatures are found to be valid, then 87 percent of the
entire number of signatures are deemed to be valid.
9The number of registered voters is calculated as of the time of the of the last report of
registration by the county elections official to the Secretary of State made prior to approval of
the petition format by the county elections official.
23
If the statistical sampling determines that the number of valid
signatures is greater than 110 percent of the required number, the
petition is considered qualified without further verification, and the
elections official must certify the results of the examination to the
governing board at its next regular meeting.
If the total number of valid signatures is less than 90 percent of the
number of signatures required to qualify the petition, the elections
official shall certify the petition to be insufficient. If the petition is
found insufficient, no action shall be taken on the petition.
However, the failure to secure sufficient signatures shall not
preclude the later filing of an entirely new petition to the same
effect. (§11225)
If the statistical sampling shows that the number of valid signatures
is within 90 to 110 percent of the number of signatures needed, the
elections official must examine and verify each signature filed. If
the result of this complete examination shows that the petition has
the required number of signatures, the elections official must certify
the results of the examination to the governing body at its next
regular meeting. If the number of valid signatures is less than the
required number, the elections official shall certify the petition to be
insufficient. If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the later filing of an entirely new
petition to the same effect. (§11225)
Upon completing the examination of the petition, the elections
official shall attach to the petition a certificate showing the result of
this examination and shall notify the proponents of either the
sufficiency or insufficiency of the petition. (§§11224, 11225)
H. CERTIFICATE OF INSUFFICIENCY
If the certificate shows that the petition is insufficient, no further action
shall be taken; but the petition shall remain on file. (§11226)
I. ONLY PROPONENTS MAY EXAMINE PETITION
If a petition is found to be insufficient by the elections official, the
proponents whose names are listed on the Notice of Intention must be
allowed to examine the petition signatures in order to ascertain which
signatures were disqualified and the reasons therefore. (§11301)
24
NOTE: This right of examination is not otherwise available to proponents
or to the public in general. If the proponents examine the petition
signatures, such examination shall begin not later than 21 days after
certification of insufficiency. Government Code (§6253.5)
J. CERTIFICATE OF SUFFICIENCY
After determining that the proponents have obtained the necessary
signatures for recall, the elections official must issue a certificate of
sufficiency and submit it to the governing board at its next regular meeting.
(§§11224, 11225)
K. NOTICE OF RECALL ELECTION
Within 14 days of receiving the certificate of sufficiency, the governing
body must issue an order stating that an election will be held to determine
whether or not the officer named in the petition shall be recalled. (§11240)
L. DATE OF ELECTION
The election shall be held not less than 88 nor more than 125 days after
the issuance of the order, and if a regular or special election is to be held
throughout the electoral jurisdiction of the officer sought to be recalled
within such time period, the recall election shall be held on the same day
and consolidated with the regular or special election. (§11242)
25
III. THE RECALL ELECTION
A. LOCAL OFFICER
Nomination papers and the declaration of candidacy must be filed not less
than 75 days prior to the date of the election and not before the day the
order of the election is issued. (§11381)
B. STATE OFFICER
Nomination papers and the declaration of candidacy for state offices must
be filed no less than 59 days prior to the date of the election and not
before the order of the election is issued.
The Secretary of State will certify the names of the candidates by the 55th
day prior to the election. (§11381)
If the elections official is required to certify to the governing board, he/she
shall certify the names of the candidates by the 71st day prior to the
election. (§11381)
C. GENERALLY
At the election, voters will decide whether or not to recall the officer and, if
there is a candidate, will also choose a successor if the recall is
successful.
Generally, at every recall election the following question shall be asked:
“Shall ( name ) be recalled (removed) from the office of ________?
(§11320)
An officer whose recall is being sought may file a statement with the
elections official in accordance with the provisions of Elections Code
§13307 to be sent to each voter together with the sample ballot.
(§11327)
If the majority vote on the question is to recall, the officer is removed and,
if there is a candidate, the candidate who receives the highest number of
votes is the successor to the unexpired term of the recalled officer. The
officer may not be a candidate to succeed himself/herself at the recall
election. (Cal.Const., Art. II, Sec. 15; §11381(c), 11384, 11385)
26
D. SPECIAL CONSIDERATIONS
A justice of an Appellate Court will be appointed by the Governor to
replace a recalled justice. Cal.Const.Art.ll, Sec. 15 (c))
A state officer who is not recalled must be reimbursed by the State for the
officer’s recall election expenses legally and personally incurred.
(Cal.Const., Art. II, Sec. 18)
IV. POLITICAL REFORM ACT
Proponents of recalls, officers subject to recall, and candidates may have
disclosure requirements under the Political Reform Act. (Government Code
§81000 et seq.) Questions should be directed to the Fair Political Practices
Commission, 428 “J” Street, Suite 450, Sacramento, CA 95814, (916) 322-5660.
27
EXHIBIT A
PROOF OF PERSONAL SERVICE
I,_____________________________________________________declare that:
(print full name)
At the time of service I was at least 18 years of age; My name, address and
telephone number are as follows:
_____________________________________________________________________
(print name)
_____________________________________________________________________
(city, state, zip code)
(____)__________________________.
(telephone number)
I personally served to______________________________________________
(name of person sought to be recalled)
a copy of the Notice of Intention to Recall him/her by delivering the copy of the
Notice of Intention to him/her at:___________________________________________
(complete address)
____________________________________________________________________
on________________________________at____________________________am/pm;
(date) (time)
I have attached the original of the Notice of Intention to this Recall to this Proof of
Personal Service.
I,_____________________________________,declare under penalty of perjury
(print full name)
under the laws of the State of California that the foregoing is true and correct, and that I,
____________________________________executed this proof of personal service:
on_____________________at____________________________________________
(date) (place of signing, e.g., city or county)
__________________________________________
(complete signature)
28
EXHIBIT B
PROOF OF SERVICE BY CERTIFIED MAIL
I,_____________________________________________________declare that:
(print full name)
I am over the age of 18 years, and I_______________________________________in
(reside/am employed)
____________________________County at_________________________________
(complete address)
_____________________________________________________________________
On___________________________________, 19__, I deposited in the mail at
__________________________________________________________a copy of the
(place, e.g., name of city or county)
Notice of Intention to Recall______________________________________________
(name of person sought to be recalled)
in a sealed envelope, with fully prepaid postage thereon for certified mail, addressed to:
___________________________________________________________________ at:
(name of officer sought to be recalled)
_____________________________________________________________________
(mail address)
I have attached the original of the Notice of Intention to this Proof of Service.
I,_____________________________________, declare under penalty of
(print full name)
perjury under the laws of the State of California that the foregoing is true and correct,
and that I executed this Proof of Service: On_______________________________at
(date)
___________________________________.
(place of signing, e.g., city or county)
________________________________
(complete signature)
29
EXHIBIT C
NOTICE OF INTENTION TO CIRCULATE RECALL PETITION1
TO THE HONORABLE __________(see footnote2)________________________: Pursuant to
Section 11020, California Elections Code, the undersigned registered qualified voters of ______(see_
footnote3)___, in the State of California, hereby give notice that we are the proponents of a recall petition
and that we intend to seek your recall and removal from the office of ______ (see footnote4)______ , in
_____(see footnote 3) , California, and to demand election of a successor in that office (see footnote5).
The grounds for the recall are as follows:
(STATE GROUNDS, 200 WORDS OR LESS)
The printed names, signatures, and residence addresses of the proponents are as follows:(The
least possible number of proponents is 10, however, more than 10 may be required by law.)
NAME ADDRESS SIGNATURE
1. …
2. …
3. …
4. …
…………….
…………….
10. …. (or more. See footnote6)
Telephone number to contact proponents (optional)( )_________-_________________
A copy of this notice and proof of service will be filed with the ___(see footnote7)_____.
Elections Code section 11023. (a) Within seven days after the filing of the notice of intention, the officer
sought to be recalled may file with the elections official, or in the case of a state officer, the Secretary of
State, an answer, in not more than 200 words, to the statement of the proponents.
(b) If an answer is filed, the officer shall, within seven days after the filing of the notice of intention, also
serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice
of intention.
(c) The answer shall be signed and shall be accompanied by the printed name and business or
residence address of the officer sought to be recalled.
1 Caution: The Notice of Intention must be published by proponents and proof of publication must be filed at the time
of filing the two blank copies of the petition with the election official or, in the case of a recall of a state officer, with the
Secretary of State. The Notice of Intention, publication and blank copies of the Petition will be compared and
scrutinized for accuracy. Any deviation from the text of the Notice of Intention may result in rejection of the petition.
2 Insert here the name of the person whose recall is being sought.
3 Insert here the name of the county, city or district for the office.
4 Insert here the name of office held.
5 If it is the recall of an Appellate Court Justice the request shall be that the Governor appoint a successor to the
office.
6 At least ten are required. In many cases more than ten are required. Check with your election official to determine
the actual number.
7 Secretary of State, County Elections Official, City Clerk, Secretary of District, as appropriate.
PETITION FOR RECALL
TO THE HONORABLE_(See
note1)_______________________________________________________,
Pursuant to the California Constitution and California election laws, we the undersigned registered
and qualified electors of the _(See note2)________________________ of __(See note3
)_________________,
California, respectfully state that we seek the recall and removal of_(See
note4)_____________________, holding the office of _(See
note5)____________________________________________________, in _(See
note2)___________________________________, California.
We demand an election of a successor to that office. (See note6)
The following Notice of Intention to Circulate Recall Petition was served on _(Date)_______________
to_(See note 4)_______________________________________________________________________:
(Insert complete text of Notice of Intention here)
The answer of the officer sought to be recalled is as follows:
(Insert Officer’s Statement here—200 words or less)
(If no statement, insert “No Answer was Filed”)
Each of the undersigned states for himself/herself that he or she is a registered and qualified elector of
the __(See note 2)____________________________ of __(See note 3)_________________, California.
Column must be
at least 1” wide
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
1.
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
2.
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
PRINT YOUR NAME RESIDENCE ADDRESS ONLY
3.
YOUR SIGNATURE AS REGISTERED TO VOTE CITY ZIP
DECLARATION OF PERSON CIRCULATING SECTION OF RECALL PETITION
(MUST BE IN CIRCULATOR’S OWN HANDWRITING)
I,_(See
Note7)____________________________________________________________declare:
1. My residence address is _(Street Address)_________________________________________
_(City)____________________________________, in ________________________________, County,
California, and I am a registered voter in_ (See note 2)________________________________________;
2. I personally circulated the attached petition for signing;
3. I witnessed each of the appended signatures being written on the petition and to my best information
and belief, each signature is the genuine signature of the person whose name it purports to be; and
4. The appended signatures were obtained between the dates of_(Starting Date)________________
and _(Ending Date)__________________________, inclusive.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct.
Executed on_(Date)_________________at_(City or Community Where Signed)___________,
California.8
SIGNED__________________________________________________________
1 Insert here – Secretary of State of California if for a state officer, or name of the appropriate governing body if local.
The authority which orders or “calls” elections for that office, or the governing authority for that jurisdiction should be
named.
2 Insert Electoral Jurisdiction here – County, City, District name, as appropriate.
3 Insert geographical location here – City, County, etc., as appropriate.
4 Insert here – name of person whose recall is being sought.
5 Insert here – name of office.
6 In case of Supreme Court or Appellate Court Justice, request shall be that the Governor appoint a successor.
7 Insert here – Full name of person who gathered signatures.
8 The petition must be set in at least 8point type. If signature spaces are printed on both sides of a sheet of paper,
the above information, except for the declaration of circulator must appear on each side of the paper. The circulator’s
declaration must follow the last signature box. It is suggested that petitions be printed on 8 ½” x 14” paper in order to
maximize the number of signature spaces printed on a sheet of paper.
SOS 1/23/03

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