The California Recall Process
After a controversial maskless photo in November and approximately 1.7 million signatures across California, the Secretary of State Shirley Weber announced on July 1st that there would be a Gubernational Recall Election in California on September 14th. There have been 55 recall attempts for California governor, with only one being successful in 2003. Speculation circulates within the state as Californians wonder if Gavin Newsom will make history as the second governor recalled from his position.
California is one of 19 other states that allow for state recall elections by obtaining a number of signatures above a certain threshold. Specific recall processes differ by state; Article II of the California Constitution, approved in 1911, states that petitioners must gather a number of signatures that meet or exceed 12% of the number of voters in the previous election of the officer to initiate a recall. California’s Elections Code, however, expands on the requirements. Initially, a notice-of-intent-to-recall must be filed with the Secretary of State. A petition is prepared for circulation after the notice is reviewed, published, and served to the officer at risk of being recalled. Anyone 18 years or older can distribute the petition; California registered voters can sign it as long as it is within 160 days from when the petition was filed. After this period, the Secretary of State verifies signatures.
For the 2021 recall, proponents had to obtain over 1.4 million valid signatures to trigger an election. The petition to recall Gov. Newsom successfully reached this threshold, moving the recall forward. California’s Elections Code also allows for a withdrawal period when voters can remove their signature from the petition. If the collection of signatures falls below the required amount, it could potentially prevent an election from happening. Red tape typically prolongs this step; however, recent legislation streamlined time-consuming fiscal review. At this juncture, the recall becomes official once the Secretary of State certifies signatures and the Lieutenant Governor sets a date. Article II, Section 15 of the California Constitution states that elections must be held between 60 and 80 days from the date of certification. Once a date is set, candidates can register to run. A qualified candidate needs to be a U.S. citizen, a registered voter, and not be convicted of a felony concerning misusing public money. Once applicants pay a filing fee of $4,000 or submit 7,000 valid signatures, they will be on the ballot. Since there is no limit on the number of candidates that can run, the 2021 ballot features 46 names from various wavelengths on the political spectrum characters. Names were submitted from July 1st to July 16th, leading to the final phase of the California recall process, the election.
The 2021 recall election will be accepting ballots until Election Day on Tuesday, September 14, 2021. In Los Angeles County, early in-person voting will be available starting Saturday, September 4, 2021 until Monday, September 13, 2021 at select voting facilities. This year all registered voters will receive a vote-by-mail ballot beginning August 16th, giving voters the option to mail their ballot to the Secretary of State office or drop it off at participating drop box locations or take it to a post office. There is no need for stamps. All mailed ballots must be postmarked by Sept. 14, 2021 and received by your county’s registrar by Sept. 21, 2021. If you are not sure if you are registered, you can check your status with the Secretary of State voter status tool.
The last day to register to vote was August 30th; however, Californians who miss this deadline can register as conditional voters at their respective polling place, county elections office, or vote center. For more information on the voting process, ASI’s “What You Need to Know” article answers vital questions about casting your ballot this September. For more coverage on the 46 replacement candidates, Ballotpedia provides further background on candidates, party preference, and platform. The Secretary of State website also provides a recall guide for a more detailed step-by-step walkthrough of the process.
Finally, remember to stay engaged with state and civic issues and participate in September’s election. We hope to see you at the polls!
