AB 2161

Bill Subjects

Abstract

The California Constitution reserves to the electors the power to remove an elective officer by recall election. If a majority of voters in the recall election vote to recall an officer, the officer is removed and the successor candidate who receives a plurality of votes is the successor. Existing law specifies procedures for conducting recall elections, and provides that nominations of candidates to succeed a recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election, except as specified. Those nomination procedures include paying a filing fee for filing a declaration of candidacy, or, alternatively, submitting an in-lieu-filing-fee petition containing a specified number of signatures of registered voters. This bill would instead require, for recall of the Governor, a candidate to succeed the Governor to submit an in-lieu-filing-fee petition, as specified, and would remove the option of paying a filing fee. The bill would require an in-lieu-filing-fee petition to be made available, and would authorize a candidate to begin securing signatures for the petition, when the Secretary of State determines that 50% of the signatures required to qualify the recall petition for an election have been submitted. The bill would require gubernatorial recall elections to instead elect a successor candidate using consensus ranked choice voting, as specified. The bill would specify that the ranked choice voting requirement would become operative only if a specified constitutional amendment is approved by the voters and takes effect. By increasing the duties of local elections officials relative to conducting and tabulating gubernatorial recall elections, the bill would impose a state-mandated local program. 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.