SECTIONS 11040-11047 - California Statutes

ELECTIONS CODE

SECTION 11040-11047

11040. (a) The petition may consist of any number of separate
sections, which shall be duplicates except as to signatures and
matters required to be affixed by signers and circulators. The number
of signatures attached to each section shall be at the pleasure of
the person soliciting the signatures.
(b) Each section of the petition may consist of any number of
separate pages. A page shall consist of each side of a sheet of paper
on which any signatures appear.

11041. (a) The proponents shall use the recall petition format
provided by the Secretary of State and available from the county
elections official or the Secretary of State. Before any signature
may be affixed to a recall petition, each page of each section must
bear all of the following in no less than 8-point type:
(1) A request that an election be called to elect a successor to
the officer. However, if the officer is a justice of the Supreme
Court or of a court of appeal, as specified in subdivision (a) of
Section 16 of Article VI of the California Constitution, the request
shall be that the Governor appoint a successor to the officer.
(2) A copy of the notice of intention, including the statement of
grounds for recall. For purposes of this paragraph, the copy of the
notice of intention shall contain the names of at least 10 recall
proponents that appear on the notice of intention and that are
selected by the proponents. The elections official shall not require
the names of more than 10 proponents to be included as part of the
language of the notice of intention. The provisions of Section 11023
do not need to be included as part of the language of the notice of
intention.
(3) The answer of the officer sought to be recalled, if any. If
the officer sought to be recalled has not answered, the petition
shall so state.
(b) All petition sections shall be printed in uniform size and
darkness with uniform spacing.

11042. (a) Within 10 days after filing of the answer to the notice
of intention, or, if no answer is filed, within 10 days after the
expiration of the seven-day period specified in Section 11023, the
proponents shall file two blank copies of the petition with the
elections official in his or her office during normal office hours as
posted or, in the case of a recall of a state officer, with the
Secretary of State, in his or her office during normal office hours
as posted, who shall ascertain if the proposed form and wording of
the petition meets the requirements of this chapter.
(b) At the time of the filing of the two blank copies of the
petition, the proponents shall also file proof of publication of the
notice of intention, if the notice of intention was published, or an
affidavit of posting of the notice of intention, if the notice of
intention was posted. The elections official or, in the case of a
recall of a state officer, the Secretary of State, shall, within 10
days of receiving the blank copies of the petition, notify the
proponents in writing of his or her finding.
(c) If the elections official finds that the requirements of this
chapter are not met, the elections official shall include in his or
her findings a statement as to what alterations in the petition are
necessary. The proponents shall, within 10 days after receiving the
notification, file two blank copies of the corrected petition with
the elections official in his or her office during normal office
hours as posted. The 10-day correction notification period and the
10-day filing period for corrected petitions shall be repeated until
the elections official or the Secretary of State finds no alterations
are required.
(d) No signature may be affixed to a recall petition until the
elections official or, in the case of the recall of a state officer,
the Secretary of State, has notified the proponents that the form and
wording of the proposed petition meet the requirements of this
chapter.

11043. (a) The petition sections shall be designed so that each
signer shall personally affix all of the following:
(1) His or her signature.
(2) His or her printed name.
(3) His or her residence address, giving street and number, or if
no street or number exists, adequate designation of residence so that
the location may be readily ascertained.
(4) The name of the incorporated city or unincorporated community
in which he or she resides.
(b) A margin, at least one inch wide, shall be left blank across
the top of each page of the petition. A margin, at least one-half
inch wide, shall be left blank along the bottom of each page of the
petition.
(c) A space, at least one inch wide, shall be left blank after
each name for the use of the elections official in verifying the
petition.

11043.5. (a) The Secretary of State shall provide to county
elections officials a recall petition format for distribution to
proponents of a recall. The recall petition format shall be made
available upon request by the county elections official and by the
Secretary of State.
(b) The recall petition format made available pursuant to this
section shall be utilized by proponents of a recall election.

11044. Separate petitions are necessary to propose the recall of
each officer.

11045. Only registered voters of the electoral jurisdiction of the
officer sought to be recalled are qualified to circulate or sign a
recall petition for that officer.

11046. To each section of a petition shall be attached a
declaration, signed by the circulator thereof, that complies with
Section 104. The declaration shall include a statement that the
circulator is a registered voter in the jurisdiction of the officer
sought to be recalled.

11047. When a petition is circulated in more than one county for
the recall of an officer, each section of the petition shall bear the
name of the county for which it is circulated, and only registered
voters of that county may sign that section.