SECTIONS 11220-11227 - California Statutes

ELECTIONS CODE

SECTION 11220-11227

11220. (a) A recall petition shall be submitted to the elections
official for filing in his or her office during normal office hours
as posted within the following number of days after the clerk or, in
the case of a recall of a state officer, the Secretary of State,
notifies the proponents that the form and wording of the petition
meets the requirements of Article 3 (commencing with Section 11040)
of Chapter 1:
(1) Forty days if the electoral jurisdiction has less than 1,000
registered voters.
(2) Sixty days if the electoral jurisdiction has less than 5,000
registered voters but at least 1,000.
(3) Ninety days if the electoral jurisdiction has less than 10,000
registered voters but at least 5,000.
(4) One hundred twenty days if the electoral jurisdiction has less
than 50,000 registered voters but at least 10,000.
(5) One hundred sixty days if the electoral jurisdiction has
50,000 registered voters or more.
(b) For purposes of this section, the number of registered voters
shall be that which was reported at the last report of registration
by the county elections official to the Secretary of State pursuant
to Section 2187 and prior to a finding of the elections official or
Secretary of State that no alterations are required in the form of
the recall petition pursuant to Section 11042.

11221. The number of qualified signatures required in order to
qualify a recall for the ballot shall be as follows:
(a) In the case of an officer of a city, county, school district,
community college district, county board of education, or resident
voting district, the number of signatures shall be equal in number to
not less than the following percent of the registered voters in the
electoral jurisdiction:
(1) Thirty percent if the registration is less than 1,000.
(2) Twenty-five percent if the registration is less than 10,000
but at least 1,000.
(3) Twenty percent if the registration is less than 50,000 but at
least 10,000.
(4) Fifteen percent if the registration is less than 100,000 but
at least 50,000.
(5) Ten percent if the registration is 100,000 or above.
(b) For purposes of this section, the number of registered voters
shall be calculated as of the time of the last report of registration
by the county elections official to the Secretary of State pursuant
to Section 2187, and prior to the finding by the elections official
or Secretary of State that no alterations are required in the form of
the recall petition pursuant to Section 11042.
(c) (1) In the case of a state officer, including judges of courts
of appeal and trial courts, the number of signatures shall be as
provided for in subdivision (b) of Section 14 of Article II of the
California Constitution. In the case of a judge of a superior court,
which office has never appeared on the ballot since its creation, or
did not appear on the ballot at its last election pursuant to Section
8203, the number of signatures shall be as provided in subdivision
(b) of Section 14 of Article II of the California Constitution,
except that the percentage shall be based on the number of votes cast
within the judicial jurisdiction for the countywide office which had
the least number of votes in the most recent general election in the
county in which the judge holds his or her office.
(2) For purposes of this subdivision, "countywide office" means an
elective office wholly within the county which is voted on
throughout the county.
(d) In the case of a landowner voting district, signatures of
voters owning at least 10 percent of the assessed value of land
within the electoral jurisdiction of the officer sought to be
recalled.

11222. (a) The petition shall be filed by the proponents, or by any
person or persons authorized, in writing, by a proponent. All
sections of the petition shall be filed at the same time.
(b) When the petition is presented for filing, the elections
official shall determine the total number of signatures affixed to
the petition. If, from this examination, the elections official
determines that the number of signatures, prima facie, equals or is
in excess of the minimum number of signatures required, the elections
official shall accept the petition for filing. The petition shall be
deemed as filed on that date. Any sections of the petition not so
filed shall be void for all purposes. If, from the elections official'
s examination, the elections official determines that the number of
signatures, prima facie, does not equal or exceed the minimum number
of signatures required, the petition shall not be filed. Any petition
not accepted for filing shall be returned to the proponents.

11223. If the petition was circulated in more than one county, the
elections official of each county shall affix, with the certificate
showing the results of his or her examination, the number of
registered voters of the county residing within the electoral
jurisdiction of the officer sought to be recalled.

11224. (a) Except as provided in Section 11225, within 30 days from
the date of filing of the petition, excluding Saturdays, Sundays,
and holidays, the elections official shall examine the petition, and
from the records of registration, ascertain whether or not the
petition is signed by the requisite number of voters. If the
elections official's examination shows that the number of valid
signatures is greater than the required number, the elections
official shall certify the petition to be sufficient. If the number
of valid signatures is less than the required number, the elections
official shall certify the petition to be insufficient.
(b) In determining the number of valid signatures, the elections
official may use the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
complies with law.
(c) The elections official shall attach to the petition a
certificate showing the result of this examination, and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
(d) If the petition is found sufficient, the elections official
shall certify the results of the examination to the governing board
at its next regular meeting.

11225. (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 11222, more than 500 signatures have
been signed on the petition, the elections official may use a random
sampling technique for verification of signatures. The random sample
of signatures to be verified shall be drawn in a manner so that
every signature filed with the elections official shall have an equal
opportunity to be included in the sample. The random sampling shall
include an examination of at least 500 or 5 percent of the
signatures, whichever is greater.
(b) If the statistical sampling shows that the number of valid
signatures is greater than 110 percent of the required number, the
elections official shall certify the petition to be sufficient.
(c) If the statistical sampling shows that the number of valid
signatures is within 90 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
elections official shall examine and verify each signature filed. If
the elections official's examination of each signature shows that the
number of valid signatures is greater than the required number, the
elections official shall certify the petition to be sufficient. If
the number of valid signatures is less than the required number, the
elections official shall certify the petition to be insufficient.
(d) If the statistical sampling shows that the number of valid
signatures is less than 90 percent of the required number, the
elections official shall certify the petition to be insufficient.
(e) In determining from the records of registration the number of
valid signatures signed on the petition, the elections official may
use the duplicate file of affidavits maintained, or may check the
signatures against facsimiles of voters' signatures, provided that
the method of preparing and displaying the facsimiles complies with
law.
(f) The elections official shall attach to the petition, a
certificate showing the result of this examination, and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
(g) If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
(h) If the petition is found to be sufficient, the elections
official shall certify the results of the examination to the
governing body at its next regular meeting.

11226. If the certificate shows that the petition is insufficient,
no action shall be taken on it, but the petition shall remain on
file.

11227. If the elections official finds the signatures on the
petition to be sufficient, he or she shall submit his or her
certificate as to the sufficiency of the petition to the governing
body at its next regular meeting. The certificate shall contain:
(a) The name of the officer whose recall is sought.
(b) The title of his or her office.
(c) The number of signatures required by law.
(d) The total number of signatures on the petition.
(e) The number of valid signatures on the petition.
(f) The number of signatures which were disqualified.