“If a majority of the votes on a recall proposal for a local officer are ‘Yes’, the officer is removed and the office shall be vacant until it is filled according to law.” Elections Code § 11382; see Cal. Const., Art. II, Sec. 15(c) (“If the majority vote on the question is to recall, the officer is removed….”).
Changes became effective in 2023 as to how a local school board recall is conducted under AB 2582. California Elections Code provides that if a recall is successful “the officer is removed and the office shall be vacant until it is filled according to law.”
The Secretary of State’s “Procedures for Recalling State and Local Officials” provides additional guidance.
Elections Code § 11302(b)(4) provides that: “A person who was subject to a recall petition may not be appointed to fill the vacancy in the office that he or she vacated and that person may not be appointed to fill any other vacancy in office on the same governing board for the duration of the term of office of the seat that he or she vacated.
Generally, one case described the California recall process as follows:
“Recall is the power of the electors to remove an elective officer.” (Cal. Const. art. II, § 13.) The electorate has the right “to remove elective officers whenever the people, in their judgment, deem such action necessary.” (Laam v. McLaren (1915) 28 Cal.App. 632, 638.) The Constitution authorizes the Legislature to enact laws providing for the recall of local
Lynwood Redevelopment Agency v. Angeles Field Partners, LLC (Cal. Ct. App., Dec. 10, 2009, No. B210165) 2009 WL 4690213, at *3.
elected officers. (Cal. Const. art. II, § 19; Board of Education v. Superior Court (1979) 93 Cal.App.3d 578, 585.) The laws governing local recall elections are contained in Elections Code section 11200 et seq.
For more information, the Daily Bulletin posted an article on the topic.
