Bill Text: CA AB2088 | 2009-2010 | Regular Session | Enrolled
Bill Title: Recall elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB2088 Detail]
Download: California-2009-AB2088-Enrolled.html
BILL NUMBER: AB 2088 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2010
PASSED THE ASSEMBLY AUGUST 30, 2010
AMENDED IN ASSEMBLY APRIL 26, 2010
INTRODUCED BY Assembly Member Adams
FEBRUARY 18, 2010
An act to amend Sections 11105 and 11302 of the Elections Code,
relating to recall elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2088, Adams. Recall elections.
(1) Existing provisions of the California Constitution and statute
authorize the recall of state officers. Each section of a recall
petition is required to be filed with the elections official of the
county for which it was circulated. Existing law requires the
elections official to report to the Secretary of State, 30 days after
a recall has been initiated and every 30 days thereafter, the number
of signatures submitted on the recall petition sections, the number
of valid signatures, and related information. Upon the submission of
a section of a recall petition, if fewer than 500 signatures are
submitted to the elections official, the elections official is
required to count the number of signatures and submit those results
to the Secretary of State. If 500 or more signatures are submitted to
the elections official, the elections official may verify, using a
random sampling technique, either 3% of the signatures submitted or
500 signatures, whichever is less, and report the results of that
verification to the Secretary of State.
This bill would provide that if 500 or more signatures are
submitted to the elections official, the elections official may
verify, using a random sampling technique, either 3% of the
signatures submitted or 500 signatures, whichever is greater.
(2) Under existing law, if a vacancy occurs in office after a
recall petition is filed against the vacating officer, the recall
elections is required to proceed. The vacancy in that office is
required to be filled as provided by law, but a person appointed to
fill the vacancy holds office only until a successor is selected and
qualifies for that office.
This bill would provide that upon the occurrence of a vacancy, the
elections official for each county in which a section of the recall
petition has been filed is required to immediately verify the
signatures on the petition submitted to the elections official as of
the date of the vacancy. If the elections official verifies that a
sufficient number of signatures were filed as of the date of the
vacancy, the recall election would be required to proceed. 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 would not proceed and the vacancy in the
office that is the subject of the recall election would be filled as
otherwise provided by law. The bill would delete the requirement
that a person appointed to fill the vacancy holds office only until a
successor is selected and instead would prohibit a person who was
subject to a recall petition from being appointed to fill the vacancy
in the office that he or she vacated or to fill any other vacancy in
office on the same governing board for the duration of the term of
office of the vacated seat.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11105 of the Elections Code is amended to read:
11105. Upon each submission, if fewer than 500 signatures are
submitted to the elections official, he or she shall count the number
of signatures and submit those results to the Secretary of State. If
500 or more signatures are submitted, the elections official may
verify, using a random sampling technique, either 3 percent of the
signatures submitted, or 500, whichever is greater. The random sample
of signatures to be verified shall be drawn in such a manner that
every signature filed with the elections official shall be given an
equal opportunity to be included in the sample. Upon completion of
the signature verification, the elections official shall report the
results to the Secretary of State pursuant to Section 11104.
SEC. 2. Section 11302 of the Elections Code is amended to read:
11302. (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.
