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SCA-3 Elections: recalls. (2021-2022)

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SCA3:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Constitutional Amendment
No. 3

Introduced by Senator Allen

December 07, 2020

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 15 of Article II thereof, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SCA 3, as introduced, Allen. Elections: recalls.
The California Constitution provides that voters may recall a state officer and, in the same election, elect a successor. The Constitution prohibits an officer who is the subject of a recall election from being a candidate for successor. The Constitution also prohibits a successor candidacy for the office of judge of the Supreme Court or a court of appeal.
For an officer other than a judicial officer, this measure would instead require that the name of the officer be placed on the ballot as a successor candidate if the officer does not resign no later than 10 days after the date of certification of sufficient signatures. If the officer does so resign, the office would be deemed vacant and the recall election would not be held. In a recall election, if a candidate other than the officer receives a plurality, that candidate would be elected as the successor to serve the remainder of the officer’s term. If the officer receives a plurality, however, the recall would fail and the officer would remain in office.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2021–22 Regular Session commencing on the seventh day of December 2020, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California, that the Constitution of the State be amended as follows:

 That Section 15 of Article II thereof is amended to read:

SEC. 15.
 (a) An (1) Except as provided in paragraph (2), 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.
(2) If the officer resigns no later than 10 days after the date of certification of sufficient signatures, the office is vacant and a recall election shall not be held. This paragraph does not apply to an office filled pursuant to subdivision (d) of Section 16 of Article VI.
(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.

(c) Except as provided in subdivision (d), the officer’s name shall be placed on the ballot as a candidate if the officer has not resigned pursuant to subdivision (a). Other candidates for the office shall be nominated in the manner provided by law. If a candidate other than the officer receives a plurality, that candidate is elected as the successor to serve the remainder of the officer’s term, and the officer is removed from office. If the officer receives a plurality, the recall fails and the officer shall remain in office.
(d) For an office filled pursuant to subdivision (d) of Section 16 of Article VI, if the majority vote on the question is to recall, the officer is removed and there shall be no successor candidacy for that office.