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Article 1. General Provisions of California Elections Code >> Division 11. >> Chapter 4. >> Article 1.
No insufficiency in a petition against any officer shall bar
the later filing of a new petition against that officer.
If a petition is found insufficient by the elections
official or, in the case of the recall of a state officer, the
Secretary of State, the petition signatures may be examined in
accordance with Section 6253.5 of the Government Code.
(a) Except as described in paragraph (3) of subdivision (b),
if a vacancy occurs in an office after a recall petition is filed
against the vacating officer, the recall election shall nevertheless
proceed.
(b) (1) Upon the occurrence of the vacancy, the elections official for each county in which a section of the recall petition has been filed shall immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy.
(2) If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall election shall proceed.
(3) If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election shall not proceed and a vacancy in the office that is the subject of the recall election shall be filled as otherwise provided by law.
(4) 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.
(b) (1) Upon the occurrence of the vacancy, the elections official for each county in which a section of the recall petition has been filed shall immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy.
(2) If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall election shall proceed.
(3) If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election shall not proceed and a vacancy in the office that is the subject of the recall election shall be filled as otherwise provided by law.
(4) 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.
A voter who has signed a recall petition shall have his or
her signature withdrawn from the petition upon filing a written
request that includes the voter's name, residence address, and
signature with the elections official prior to the day the petition
section bearing the voter's signature is filed. A written request
made under this section shall not constitute a petition or paper for
purposes of Section 104.
