Bills

SCA 1: Elections: recall of state officers.

  • Session Year: 2023-2024
  • House: Senate

Current Status:

Passed

(2024-09-10: Chaptered by Secretary of State. Res. Chapter 204, Statutes of 2024.)

Introduced

First Committee Review

First Chamber

Second Committee Review

Second Chamber

Enacted

Version:

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 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 eliminate the successor election for a recalled state officer and instead provide, in the event an officer is removed in a recall election, that the office will remain vacant until it is filled in accordance with the Constitution and statute. The measure would repeal the prohibition against the officer subject to the recall being a candidate to fill the office in a special election, but would prohibit the appointment of the officer subject to the recall election to fill the vacancy.

If the Governor is removed from office in a recall election, this measure would provide that 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 Governors 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. The measure would require the Controller to perform the recall duties of the Governor and Secretary of State if recalls of those two officers are initiated at the same time.

If adopted by the Legislature, the measure would appear on the ballot at the November 3, 2026, statewide general election.

Discussed in Hearing

Senate Floor3MIN
Aug 31, 2024

Senate Floor

Assembly Floor1MIN
Aug 30, 2024

Assembly Floor

Assembly Standing Committee on Elections25MIN
Jun 26, 2024

Assembly Standing Committee on Elections

Senate Floor15MIN
Feb 1, 2024

Senate Floor

Senate Standing Committee on Appropriations5MIN
Aug 28, 2023

Senate Standing Committee on Appropriations

Senate Standing Committee on Elections and Constitutional Amendments32MIN
May 8, 2023

Senate Standing Committee on Elections and Constitutional Amendments

View Older Hearings