SECTIONS 11381-11386 - California Statutes

ELECTIONS CODE

SECTION 11381-11386

11381. Nominations of candidates to succeed the recalled officer
shall be made in the manner prescribed for nominating a candidate to
that office in a regular election insofar as that procedure is
consistent with this article. The following exceptions shall be made
to that procedure:
(a) For recalls of state officers, the nomination papers and the
declaration of candidacy shall, in each case, be filed no less than
59 days prior to the date of the election and not before the day the
order of the election is issued. The Secretary of State shall certify
the names of the candidates to be placed on the ballot by the 55th
day prior to the election.
(b) For recalls of local officers, the nomination papers and the
declaration of candidacy shall, in each case, be filed not less than
75 days prior to the date of the election and not before the day the
order of the election is issued. If the elections official is
required to certify to the governing board the names of the
candidates to be placed on the ballot, that shall be done by the 71st
day prior to the election.
(c) No person whose recall is being sought may be a candidate to
succeed himself or herself at a recall election nor to succeed any
other member of the same governing board whose recall is being sought
at the same election.

11383. If one-half or more of the votes at a recall election are
"No", the officer sought to be recalled shall continue in office.

11384. If a majority of the votes on a recall proposal are "Yes",
the officer sought to be recalled shall be removed from office upon
the qualification of his successor.

11385. If at a recall election an officer is recalled, the
candidate receiving the highest number of votes for the office shall
be declared elected for the unexpired term of the recalled officer.

11386. If the candidate who received the highest number of votes
fails to qualify within 10 days after receiving his or her
certificate of election, the office to which he or she was elected
shall be vacant, and shall be filled according to law.