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SCA-6 Elections: recall of state officers.(2021-2022)

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SCA6:v98#DOCUMENT

Amended  IN  Senate  March 17, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Constitutional Amendment
No. 6

Introduced by Senator Newman
(Principal coauthor: Senator Hertzberg)
(Coauthors: Senators Leyva, Stern, and Umberg)
(Coauthor: Assembly Member Ting)

January 03, 2022

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 15 and 17 of Article II thereof, and by amending Section 10 of Article V thereof, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SCA 6, as amended, Newman. Elections: recall of state officers.
The California Constitution provides that voters may recall a state officer by majority vote and, in the same election, elect a successor with a plurality of the vote. 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.
The Constitution provides that the Lieutenant Governor becomes Governor when a vacancy occurs in the office of Governor, and requires the Lieutenant Governor to act as Governor during the impeachment, absence from the state, or other temporary disability of the Governor or of a Governor-elect who fails to take office. When a recall of the Governor is initiated, the Constitution requires the Lieutenant Governor to perform the recall duties of the Governor. The Constitution requires the Governor to fill vacancies in certain judicial and executive offices by appointment, as specified.
This measure would provide, in the event an officer is removed in a recall election, for the office to remain vacant until a successor candidate to hold the unexpired term of the office receives a majority of votes at a special election, or for the office to remain vacant for the remainder of the term if there is insufficient time to hold a special election, as specified. the nomination period for the subsequent term of that office has closed. The measure would allow an officer who was the subject of the recall election to be a candidate in the special election. The measure would require the Legislature to enact laws providing for the election of a successor.
If the Superintendent of Public Instruction, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, or a member of the State Board of Equalization is removed from office in a recall election, this measure would provide that a special election will not be held and instead would require the Governor to appoint a successor for the remainder of the unexpired term using existing procedures for filling a vacancy in such offices, provided that the officer who was the subject of the recall election may not be appointed to fill the vacancy in that office.
If the Governor is removed from office in a recall election, this measure would provide that a special election will not be called to fill the vacancy and the Lieutenant Governor will become Governor for the remainder of the unexpired term. If the Governor is removed from office by recall before the close of the nomination period for the next statewide election during the first two years of the Governor’s term, the measure would provide for a special election to be held to replace the Governor for the remainder of the unexpired term, to be consolidated with the next statewide primary election and, if necessary, the subsequent statewide general election. The measure would require the Secretary of State to perform the recall duties of the Governor when a recall of the Governor is initiated.
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, California that the Constitution of the State be amended as follows:

First—

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

SEC. 15.
 (a) An election to determine whether to recall an officer 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. The office shall be vacant until a successor candidate to hold the unexpired term of the office receives a majority of votes at a special election. The office shall remain vacant for the remainder of the term if fewer than __ days remain in the unexpired term. election, in accordance with paragraph (1), or until a successor is appointed to hold the unexpired term of an office listed in subdivision (b) of Section 5 of Article V or subdivision (d) of Section 16 of Article VI, in accordance with paragraph (2). The
(1) The Legislature shall enact laws providing for the special election of the successor. a successor candidate following a recall election. The officer who was the subject of the recall election may be a candidate in the special election. If a vacancy occurs after the close of the nomination period for the subsequent term of that office, a special election shall not be called and the office shall remain vacant for the remainder of the term. A
(2) A special election shall not be called to fill a vacancy in an office filled pursuant to listed in subdivision (b) of Section 5 of Article V or subdivision (d) of Section 16 of Article VI, VI, which shall be filled by appointment in accordance with those sections. provided that the The officer who was the subject of the recall election may shall not be appointed to fill the vacancy in that office.

Second—

 That Section 17 of Article II thereof is amended to read:

SEC. 17.
 If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the Secretary of State or Controller, respectively. If recalls of the Governor and Secretary of State are initiated at the same time, the recall duties of both offices shall be performed by the Controller.

Third—

 That Section 10 of Article V thereof is amended to read:

SEC. 10.
 The Lieutenant Governor shall become Governor when a vacancy occurs in the office of Governor.
Notwithstanding subdivision (c) of Section 15 of Article II, if the Governor is removed from office by recall, a special election shall not be called to fill the vacancy and the Lieutenant Governor shall become Governor for the remainder of the unexpired term. If the Governor is removed from office by recall before the close of the nomination period for the next statewide election during the first two years of the Governor’s term, a special election shall be called to replace the Governor and shall be consolidated with the statewide primary election and, if necessary, the subsequent statewide general election. If a candidate receives a majority of the votes in the special election that is consolidated with the statewide primary election, that candidate shall become Governor for the remainder of the unexpired term. If no candidate receives a majority of the votes, the top two vote-getters shall compete in a special election consolidated with the subsequent statewide general election, and the winner of that election shall become Governor for the remainder of the unexpired term.
The Lieutenant Governor shall act as Governor during the impeachment, absence from the State, or other temporary disability of the Governor or of a Governor-elect who fails to take office.
The Legislature shall provide an order of precedence after the Lieutenant Governor for succession to the office of Governor and for the temporary exercise of the Governor’s functions.
The Supreme Court has exclusive jurisdiction to determine all questions arising under this section.
Standing to raise questions of vacancy or temporary disability is vested exclusively in a body provided by statute.