Bill Text: CA SB1294 | 2023-2024 | Regular Session | Amended
Bill Title: Elections: recall of local officers.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-04-23 - April 22 set for second hearing. Failed passage in committee. (Ayes 1. Noes 1. Page 3700.) [SB1294 Detail]
Download: California-2023-SB1294-Amended.html
|
Amended
IN
Senate
March 20, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1294
| Introduced by Senator Ochoa Bogh |
February 15, 2024 |
LEGISLATIVE COUNSEL'S DIGEST
SB 1294, as amended, Ochoa Bogh.
Elections: recall of local officers.
Existing law provides for the recall of local officers. Existing law requires a recall petition to contain, among other things, a copy of the notice of intention that includes the names of at least 10 recall proponents that appear on the notice and that are selected by the proponents. Existing law requires the elections official to verify the signatures on the recall petition and, if the elections official finds the signatures to be sufficient, to submit a certificate as to the sufficiency of the petition to the governing body at its next regular meeting. Within 14 days after the meeting at which the governing body receives the certificate of sufficiency, existing law requires the governing body to issue an order stating that an election will be held to determine whether or not the officer named in the
petition should be recalled.
This bill would authorize the proponents of a recall of a local officer to file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting. The bill would require the elections official, upon receipt of the notice of withdrawal, to take no further action on the petition. The bill would provide that the withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer. The bill would define “proponents,” for its purposes, to mean the 10 recall proponents listed on the copy of the notice of intention that appears on the recall petition, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the recall of local officers. When the city or county elections official is the officer sought to be recalled, existing law requires the duties imposed upon that official to be performed by some other person designated by the governing board.
This bill would make a technical, nonsubstantive change to this provision.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11228 is added to the Elections Code, to read:11228.
(a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.(b) (1) Upon receipt of the proponents’ notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.
(2) A recall petition that has been withdrawn by its proponents shall remain on file.
(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.
(d) For purposes of this section, “proponents” means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.
SEC. 2.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.When the city or county elections official is the officer sought to be recalled, the duties imposed upon that official shall be performed by some other person designated by the governing board.
