Code Section Group

* California Constitution - CONS


ARTICLE II VOTING, INITIATIVE AND REFERENDUM, AND RECALL [SECTION 1 - SEC. 20]
  ( Heading of Article 2 amended June 8, 1976, by Prop. 14. Res.Ch. 5, 1976. )

SECTION 1.
  

All political power is inherent in the people. Government is instituted for their protection, security, and benefit, and they have the right to alter or reform it when the public good may require.

(Sec. 1 renumbered from Sec. 26 (of Art. 1) on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 2.
  

A United States citizen 18 years of age and resident in this State may vote.

(Sec. 2 renumbered from Sec. 1 on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 3.
  

The Legislature shall define residence and provide for registration and free elections.

(Sec. 3 renumbered from Sec. 2 on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 4.
  

The Legislature shall prohibit improper practices that affect elections and shall provide for the disqualification of electors while mentally incompetent or imprisoned or on parole for the conviction of a felony.

(Sec. 4 renumbered from Sec. 3 on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 7.
  

Voting shall be secret.

(Sec. 7 renumbered from Sec. 6 on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 12.
  

No amendment to the Constitution, and no statute proposed to the electors by the Legislature or by initiative, that names any individual to hold any office, or names or identifies any private corporation to perform any function or to have any power or duty, may be submitted to the electors or have any effect.

(Sec. 12 renumbered from Sec. 26 (of Art. 4) on June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 13.
  

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

(Sec. 13 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

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. 14 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976, and Res.Ch. 24, Amdt. 3.)

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. 15 amended Nov. 8, 1994, by Prop. 183. Res.Ch. 59, 1994.)

SEC. 16.
  

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

(Sec. 16 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

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. 17 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

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.

(Sec. 18 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976, and Res.Ch. 24, Amdts. 4 and 5.)

SEC. 19.
  

The Legislature shall provide for recall of local officers. This section does not affect counties and cities whose charters provide for recall.

(Sec. 19 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

SEC. 20.
  

Terms of elective offices provided for by this Constitution, other than Members of the Legislature, commence on the Monday after January 1 following election. The election shall be held in the last even-numbered year before the term expires.

(Sec. 20 added June 8, 1976, by Prop. 14. Res.Ch. 5, 1976.)

CONS* California Constitution - CONSII