Recall Elections in California: How They Happen and How to Best Respond

RECALL ELECTIONS IN CALIFORNIA

How they happen and how to best respond

EXECUTIVE SUMMARY

A recent surge in school board trustees who represent the interests of parents has taken many of the state’s entrenched school districts and local teachers unions by surprise. As these districts are being held to account for not performing to acceptable standards and for pursuing cultural issues rejected by the voters, the threats of recalls for insurgent board members permeate the state. As such, voters will have to decide whether the actions of a school board trustee rise to the level of removing them from office before their term is over.

Every elected official in a California jurisdiction who is successful at the ballot box — including state constitutional officers, legislators, judges and those elected to county, city, school boards and special districts — is also subject to a recall by registered voters in their jurisdiction. The threshold for recalls is low and does not require anything more than dissatisfaction with the elected official. Yet, a campaign to recall an elected official needs to be compelling enough to get voters to change their minds about an official they just elected for a relatively short term, usually two to four years.

Proponents of a recall must be registered voters of that jurisdiction, and proceedings may not begin until:

  • The officer has held that office for at least 90 days
  • They are served with notice of intention to circulate a recall petition, and
  • That notice is published and posted with the local elections office.

If the official previously survived a recall election within the previous six months or they have less than six months to serve in that office, they cannot be recalled.

Those elected to Congress are not subject to a recall as the Constitution specifies the processes for the election and removal of members of Congress. Representatives can be impeached by the House and removed by the Senate for “high crimes and misdemeanors,” as outlined in Article I, Section 2, Clause 5. Senators can also be impeached and removed through the same process. Federal law is different than state law.

For most California jurisdictions, the terms, rules, and processes for recalls are found in the California Elections Code, starting in Section 11000. Charter cities and counties may have different rules and ordinances for recalls. 

NOTICE OF INTENT

In order for a recall to commence, proponents need to draft a notice of intention for the recall with the name and title of the officer, a 200-word (or less) statement on the reason for the recall attempt, and the name, signature, and residence address of each of the proponents of the recall. The subject of a recall can respond in writing within seven days of filing the notice of intention.

The minimum number of proponents to be listed on the notice of intention depends on the size of the district. For jurisdictions under 1,000 registered voters, there must be at least 30 proponents of the recall. For the largest jurisdictions, the requirement is five times the number of signatures required to have been filed in the elected official’s nomination period. 

The notice must be:

  • Served to the officer targeted in the recall either in person or by certified mail,
  • Filed with the local elections official or Secretary of State for a constitutional officer, legislator, or judge within 7 days,
  • Separately filed for each officer sought to be recalled, and
  • Publicly noticed and published at the proponent’s expense. 

 

All statements and answers must be true and do not exempt the proponents or the target of a recall from “any civil or criminal action or penalty because of any false, slanderous, or libelous material included in the statement or answer.”

PETITION PHASE

The format for a petition is outlined in the California Elections Code, beginning at Section 11040. The Secretary of State’s website hosts information on the recall procedures, as well as templates for various forms. The petition will contain the:

  • Notice of intention with statement
  • Answer from the target of the recall (unless there was no response)
  • Estimated cost of a recall for school board members, and 
  • Signature lines with relevant contact information.

 

No successors will be elected or appointed in local recalls. All versions of the petition (2 blank copies) with other affidavits regarding the posting of the notice must be filed with the local elections official. If the conditions of the petition are not met, the elections official must outline what alterations need to be made and give the proponents 10 days to address insufficiencies. 

The process can be repeated until the petition fulfills all legal requirements. “No signature may be affixed to a recall petition until the elections official … has notified the proponents that the form and wording of the proposed petition meet the requirements of this chapter.” 

The California Elections Code prescribes a very open and transparent recall process. For each step, there are many requirements for disclosures to the public outlining the process and status of a recall. For local officials, the petition shall be available to the public for review of the duration of the 10-day review process. 

Action Items (Recall):

  • Build out a List #1 of partners or stakeholders within the required district area boundary. (Donor Clubs, Political Parties, Social Groups). 
  • Use contacts on this list to help grow List #2
  • Build out List #2: Individuals who are open to signing the initial recall petition. Once they’ve committed to sign – ask them if they’d rather circulate the petition or donate to the effort. 
  • Timing: Historically, recalls succeed more often when done through a special election rather than attached to the same ballot as a general or primary election. 

 

Action Items (Anti-Recall):

  • Candidates should be fundraising year-round. At the initial whispers of a recall, the candidate being recalled should immediately return to their donors or key stakeholders and ask for support. Candidates should ask for financial support and introductions to donors who could give.  
  • Candidate should build out a list of key stakeholders and ask them to use their audiences to discourage all petition signatures from members of allied groups (Donor Clubs, Political Parties or Social Groups). 

 

SIGNATURE GATHERING PHASE

Supporters of the recall must gather a certain number of valid signatures from registered voters within the jurisdiction of the elected official being targeted. The number of signatures required is usually a percentage of the total votes cast in the last election for that office.

The submitted signatures are then verified by election officials to ensure they meet the required criteria, such as being from registered voters in the relevant jurisdiction. Depending on when the signatures are delivered to the local elections officials, the verification process can begin as soon as 10 percent of the required signatures are collected, as determined by the elections official. Voters who change their mind within 30 days of the election official receiving petitions may remove their name from the petition. 

If enough valid signatures are collected within the timeline allotted between 40 and 160 days depending on the size of the jurisdiction, the elections officer will certify the election. A recall election is scheduled either during a primary or general election, or during a special election determined by state statute or local ordinance. 

If voters vote to recall an elected official by a simple majority, the recalled elected official is immediately removed from office, and the governing board will determine the replacement process, whether by appointment or election.

Action Items (Recall):

  • Begin using List #2 to fill out signature forms. Host petition signing open houses, walk days or go to neighborhood grocery stores. 
  • Important: Campaign signatures for local politics regularly are declared invalid. The recall team should plan to submit 30-40% more signatures than required by the ROV. 
  • (Signatures can be declared void due to incorrect registration info, voter age, duplicate signatures or voters not living in the affected area). 

Action Items (Anti-Recall):

  • Continue raising money. When people say no to donating – suggest they canvass with you on a concrete date instead. 
  • Build out a canvassing/grassroots team and begin developing your case for support. 
  • When possible, address the media to get your name ID out. 
  • Begin tracking your opponents’ campaign expenditures. Your opponents are required to file 460’s, 496’s and 497’s that will give insight into their strategies. 

 

DURING THE PROCESS

The target of a recall may issue public statements to address the reasons behind the recall effort. If he (or she) desires to stay in office, it is incumbent upon him to defend his record, highlight his achievements, rebut the claims made against him, find supporters to speak on his behalf and appeal to voters to reject the recall. 

This can be done in numerous ways – through a website focused on the issues raised in the recall or across social media, holding town halls or meeting with constituents. The tactics and strategies to fend off the challenge may not be all that different from those used in his or her original election. That includes raising money for a considerable campaign.

In some cases, officials may challenge the recall in court, alleging that the petition process was flawed or that the grounds for recall are not valid. If the proponents make defamatory statements or unsubstantiated claims, the target of the recall may want to consider legal remedies. It’s important to consult a trusted election lawyer for legal advice.

IF YOU’RE THE SUBJECT OF A RECALL

Stay calm. Recalls are often emotional exercises and part of the rough and tumble of politics. Take time to collect your thoughts, consider what you have accomplished in the time you have been an elected official, and build a strategy to deal with the political attacks. Remember the reason you ran in the first place. 

It is also important to continue moving forward doing the things your constituents elected you to do. You ran to ensure fiscal accountability, transparency, good public policy and doing what is best for your constituents. While the work may continue unabated, you may want to reassure your voters that you are the person that they elected. 

Citizen activists will come to your defense when they know that you are in need. Reach out to your supporters and let them know how much you appreciate their help and what they can do to defend your office and rally the troops. Building a strong coalition of supporters is essential to push back against the political tactics of your opposition. Having an effective team in your corner will allow you to continue to engage with other stakeholders, thought leaders, endorsers and donors to bolster your network of support. 

As a target, you will need to re-establish a campaign and restore resources. CLEO’s Candidate Academy training will allow you to review the necessary steps to develop a defensive and offensive strategy. Your main job will be to stay disciplined and focus on messaging. 

A JANUS OPTION

California’s powerful government unions are unfortunately the driving force behind many recent recall efforts of local government officials and newly-elected school board members. These unions are used to calling the shots in local politics. They put their formidable war chests and get-out-the-vote machine behind candidates they can count on to pay back the favor by voting for union proposals, regardless of the cost to local and school budgets. When the voters elect a candidate who is committed to fiscal sustainability instead of union cronyism, the unions often throw their weight behind a recall to maintain their grip on the city council, school board, etc.

Targets of recall campaigns should be aware of the union dynamic and find ways to neutralize it. This may include appealing to sensible local union leaders who are less transactional with the government entity. It may also be reasonable to appeal to the membership of the union and request that they focus their efforts on other local priorities rather than recalls. Those who have left the union can also unofficially organize against the recall and support the targeted candidate.

Under the U.S. Supreme Court’s Janus v AFSCME decision, workers have a constitutional right to opt out of their union. In districts where union political activity is especially unsavory or does not reflect the community’s values, it is always an option to remind union members that they can choose to leave their union if they don’t agree with the union’s politics – such as a recall – that tramples on the will of local voters. 

WHY SHOULD I CARE IF MY ELECTED OFFICIAL IS NOT BEING RECALLED?

There are a number of ways to support or oppose a recall even if the recall target is outside of your district. A concerned citizen can contribute to a candidate’s campaign or to a political action committee (PAC). Donating directly to a candidate allows them to control how the funds are spent. A PAC, on the other hand, cannot coordinate with a candidate but can support the candidate in other important ways, such as get-out-the-vote efforts.

Further, if the target of the recall is supported by a political party, the party can assist the candidate through its central committee. 

Social media, videos of support (or opposition), interviews with the elected official and/or their surrogates can help voters understand the recall and its implications. Campaign volunteers can also help phone bank and with other get-out-the-vote efforts 

 

ADDITIONAL RESOURCES

 

Published: January 2024