Eliminate State Officer Recall Successor Elections Amendment

California Ballot Measure - Senate Concurrent Amendment 1

Election: Nov. 3, 2026 (General)

Outcome: Pending

Categories:

Elections
Government Operations

Summary


The amendment would change the process for recalling state officers by eliminating the election to pick a successor at the time of the recall election and providing that any vacancies due to a successful recall be filled according to the state constitution and state law. The amendment would also allow the recalled officer to run again for the same office at the special election, if one is held, but the measure would prohibit the recalled officer from being appointed to fill the vacancy.

The amendment would also provide that the lieutenant governor serves as governor for the remainder of the recalled governor's term unless the governor is recalled before the nominating deadline for the next statewide election during the first two years of the governor's term, then a special election would be conducted at the next statewide election. The candidate receiving a majority of votes would serve the remainder of the governor's term. If no candidate receives a majority, the top-two candidates would participate in a runoff election at the subsequent statewide election, and the winner would serve for the remainder of the term.

If the governor or secretary of state are recalled, the amendment would provide that the secretary of state or controller would perform the recall duties for the respective offices.

Measure Text


Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2023–24 Regular Session commencing on the fifth day of December 2022, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

First— That Section 15 of Article II thereof is amended to read:

Article II, Section 15:
(a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.

(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.

(c) If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate, nor shall there be any candidacy for an office filled pursuant to subdivision (d) of Section 16 of Article VI.

(a) An election to determine whether to recall an officer shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.

(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.

(c) If the majority vote on the question is to recall, the officer is removed and the office shall be vacant. The vacancy shall be filled in accordance with this Constitution and statute, provided that the officer who was the subject of the recall election shall not be appointed to fill the vacancy in that office.

Second— That Section 17 of Article II thereof is amended to read:

Section 17:

If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the Lieutenant Governor or Controller, respectively.

If recall of the Governor or Secretary of State is initiated, the recall duties of that office shall be performed by the Secretary of State or Controller, respectively. If recalls of the Governor and Secretary of State are initiated at the same time, the recall duties of both offices shall be performed by the Controller.

Third— That Section 10 of Article V thereof is amended to read:

Section 10:

The Lieutenant Governor shall become Governor when a vacancy occurs in the office of Governor.

The Lieutenant Governor shall act as Governor during the impeachment, absence from the State, or other temporary disability of the Governor or of a Governor-elect who fails to take office.

The Legislature shall provide an order of precedence after the Lieutenant Governor for succession to the office of Governor and for the temporary exercise of the Governor's functions.

The Supreme Court has exclusive jurisdiction to determine all questions arising under this section.

Standing to raise questions of vacancy or temporary disability is vested exclusively in a body provided by statute.

(a) The Lieutenant Governor shall become Governor when a vacancy occurs in the office of Governor.

(b) Notwithstanding subdivision (c) of Section 15 of Article II, if the Governor is removed from office by recall, the Lieutenant Governor shall become Governor for the remainder of the unexpired term. If the Governor is removed from office by recall before the close of the nomination period for the next statewide election during the first two years of the Governor’s term, a special election shall be called to replace the Governor and shall be consolidated with the statewide primary election and, if necessary, the subsequent statewide general election. If a candidate receives a majority of the votes in the special election that is consolidated with the statewide primary election, that candidate shall become Governor for the remainder of the unexpired term. If no candidate receives a majority of the votes, the top two vote-getters shall compete in a special election consolidated with the subsequent statewide general election, and the winner of that election shall become Governor for the remainder of the unexpired term.

(c) The Lieutenant Governor shall act as Governor during the impeachment, absence from the State, or other temporary disability of the Governor or of a Governor-elect who fails to take office.

(d) The Legislature shall provide an order of precedence after the Lieutenant Governor for succession to the office of Governor and for the temporary exercise of the Governor’s functions.

(e) The Supreme Court has exclusive jurisdiction to determine all questions arising under this section.

(f) Standing to raise questions of vacancy or temporary disability is vested exclusively in a body provided by statute.

Fourth— This measure shall appear on the ballot at the November 3, 2026, statewide general election.

Resources


Official Summary

Source
arrow_upward