Changes Recall Election Process for Statewide Officers
Proposition 5 would separate the decision to recall a state officer from the process for choosing a replacement.
Voters in a recall election would vote only on removing the official. A vacancy created by a recall would be filled under the rules for vacant offices, with a separate process for a recalled Governor.
What it does
- Removes the replacement-candidate question from state recall ballots.
- Makes an office vacant when its holder is removed by recall.
- Allows a recalled officer to run in a subsequent election to fill the vacancy but bars that officer from being appointed to the vacancy.
- Fills recalled legislative seats through the existing vacancy process, which typically uses a separate special election.
- Fills vacancies in other recalled offices, except Governor, through the existing vacancy process.
- Makes the Lieutenant Governor Governor after a Governor is recalled. If the recall occurs before the close of the nomination period for the next statewide election during the Governor's first two years, requires a special election consolidated with the statewide primary and, if needed, general election.
Who it affects
- Voters participating in state recall elections.
- State officers subject to recall, including the Governor, legislators, and other statewide officials.
- County and state election officials who administer recall and possible vacancy elections.
Context
Current law asks voters in the same recall election whether to remove an officer and who should replace the officer. If the recall succeeds, the replacement candidate receiving the most votes takes office, and the recalled officer cannot be a candidate.
A yes vote means
A yes vote would remove the replacement-candidate question from state recall elections and fill offices vacated by recall under vacancy rules, with a separate succession and potential special-election process for a recalled Governor.
A no vote means
A no vote would keep the current process in which voters decide both whether to recall a state officer and, at the same election, which candidate replaces the officer if recalled.
Fiscal effect
The Legislative Analyst's Office estimates:
- Net fiscal effect unknown. Possible state and local government savings or costs of millions of dollars to administer recall elections. These costs or savings would be rare, and depend on the office recalled and how often recalls occur.