Article 1. General Provisions of California Elections Code >> Division 11. >> Chapter 1. >> Article 1.
This division governs the recall of elective officers of the
State of California and of all counties, cities, school districts,
county boards of education, community college districts, special
districts, and judges of courts of appeal and trial courts. It does
not supersede the provisions of a city charter or county charter, or
of ordinances adopted pursuant to a city charter or county charter,
relating to recall.
For the purposes of this division, judges of courts of
appeal shall be considered state officers, and judges of trial courts
shall be considered county officers.
For the purposes of this division, "elections official"
means one of the following:
(a) A county elections official in the case of the recall of
elective officers of a county, school district, county board of
education, community college district, or resident voting district,
and of judges of trial courts.
(b) A city elections official, including, but not necessarily
limited to, a city clerk, in the case of the recall of elective
officers of a city.
(c) The secretary of the governing board in the case of the recall
of elective officers of a landowner voting district or any district
in which, at a regular election, candidate's nomination papers are
filed with the secretary of the governing board.
For the purposes of this division, "governing board" means a
city council, the board of supervisors of a county, the board of
trustees of a school district or community college district, or the
legislative body of a special district, as the context requires. In
the case of the recall of a trial court judge, "governing board"
means the board of supervisors.
For the purposes of this division, a "local officer" is an
elective officer of a city, county, school district, community
college district, or special district, or a judge of a trial court.
The proponents of a recall must be registered voters of the
electoral jurisdiction of the officer they seek to recall.
Proceedings may be commenced for the recall of any elective
officer, including any officer appointed in lieu of election or to
fill a vacancy, by the service, filing and publication or posting of
a notice of intention to circulate a recall petition pursuant to this
Except when a person has been appointed to office pursuant
to Section 10229 because no person had been nominated to office,
proceedings may not be commenced against an officer of a city,
county, special district, school district, community college
district, or county board of education in the event of one or more of
any of the following:
(a) He or she has not held office during his current term for more
than 90 days.
(b) A recall election has been determined in his or her favor
within the last six months.
(c) His or her term of office ends within six months or less.