Do You Recall..? Remembering the Steps to the Recall Process Brandi Orth Fresno County Clerk/Registrar of Voters
CITY CLERKS ARE AWESOME! Difficult spot to be in during recall process It is rare to be involved in a recall process Recalls are usually high profile with emotions running high County election officials appreciate having a good working relationship with our city clerks
GENERAL RULES What is a recall? It is the power of the voters, provided in the State Constitution, to remove elected officials from office before their terms expire. Who cannot be recalled? If officer has not held office for more than 90 days; A recall election has been determined in officer s favor within last 6 months; The officer s terms ends within 6 months or less.
TO BEGIN First, determine what you are responsible for, and what is not your responsibility. Tensions run high during a recall process. Both sides will try to tell you stories and have you take sides. Try to apply the rules objectively, regardless of who it will affect.
TO BEGIN Stress to proponents that the recall process is complicated, governed by many laws. It is highly recommend that they engage legal counsel to assist them in process. Reference material available: California Secretary of State s website providing Procedures for Recall (www.sos.ca.gov) Many county election officials have recall guidebook on their websites (www.co.fresno.ca.us/elections).
NOTICE OF INTENTION Proponents must: follow format as required by Secretary of State consist of registered voters in that district, usually 20 signatures minimum for cities (based on nomination signatures required) serve the officer being recalled (either by personal service or certified mail)
NOTICE OF INTENTION Proponents must: file, within 7 days of serving the officer, with elections official the original Notice of Intention and copy of proof of service.
NOTICE OF INTENTION Proponents must: As you are required to determine if the word count at or below 200 words, determine your criteria for counting. Ex. District Names, Phone Number, Emails Do not use Microsoft Word to count!
ANSWER AND PUBLICATION Within 7 days after Notice of Intention has been filed, officer sought to be recalled may file an answer. Proponents must have Notice of Intention published in newspaper of general circulation Posting may be an option Proof of publication must be supplied to election official with blank copies of recall petition
PETITION Recall petition format is provided by California Secretary of State General format requirements: Spacing of Margins Must show NOI verbiage Must show answer Signatures lines At end of petition Declaration of Circulator must be printed.
PETITION Election Official must approve draft petition form: Two blank copies of petition must be filed within 10 days after the filing of the answer to Notice of Intention Submitted blank copies will be carefully reviewed for uniformity and correctness to Notice of Intention, Answer and basic format. Elections official will notify proponents in writing of required corrections
SIGNATURES REQUIRED Signatures required on recall petition: Registration less than 1,000: 30% Registration 1,000 less than 10,000: 25% Registration 10,000 less than 50,000: 20% Registration 50,000 less than 100,000: 15% Registration 100,000 or above: 10% Registration totals calculated according to last report Registrar of Voters reported to SOS
TIMELINE TO CIRCULATE 40 days if jurisdiction has less than 1,000 registered voters; 60 days if jurisdiction has 1,000 5,000; 90 days if jurisdiction has 5,000 10,000; 120 days if jurisdiction has 10,000 50,000; 160 days if jurisdiction has 50,000 or more
CIRCULATION OF THE PETITION Who can circulate the petition: Anyone over 18 years of age Does not have to be a registered voter nor live in the district Who can sign the petition: Registered voters who are qualified to vote for officer sought to be recalled Can signature be withdrawn?: Yes but must be in writing to election official before petition turned in
TIPS ON SIGNATURE GATHERING Proponents should submit extra signatures to compensate for signers who are disqualified for not being registered, being registered but not living in the district, or other reasons. Proponents can register a voter at same time they sign petition. But voter registration cards must be turned into elections official before or at the same time petition is submitted to elections official.
FILING PETITION Submit petitions in sections (pages). Lines for signatures followed at end by Circulator block. Proponent to file with city elections official by deadline Elections official will examine and count number of signatures submitted to arrive at raw count. All sections of the petition must be filed at the same time.
VERIFICATION OF SIGNATURES Elections official must verify every signature if less than 500 signatures submitted Over 500, Registrar of Voters can use random sample, or city can request a full check.
CERTIFICATION If petition is found to have sufficient signatures, Registrar of Voters will prepare a Certificate of Sufficiency If petition is found to have insufficient signatures, Registrar of Voters will prepare a Certificate of Insufficiency Only in this case could proponents review signatures no one else. Within 21 days after Certificate of Insufficiency
CALLING AN ELECTION Certificate of sufficiency shall be submitted to city council at its next regular meeting Within 14 days after that meeting, city council shall call election If they don t, city council will call election within 5 days Election to be held not less than 88 days nor more than 125 days after issuance of order
NOMINATION OF CANDIDATES Candidate filing must occur not less than 75 days prior to the date of the election and not before the order of election is issued. Ballot will contain a question shall X be recalled (removed) from office? If so, which candidate would you like to replace them?
TRIVIA Why is Election Day on a Tuesday? Tip: something to do with a horse Years ago voters travelled to their polling locations by horse, having election on Tuesday allowed them time to attend church on Sunday and ride over on Monday.
FLOWCHART
TRACKING CHART
POSSIBLE DUE DATES
DOCUMENT FILING RECEIPT
SAMPLE PROOF OF PUBLICATION
THANK YOU Our recall guidebook can be found at: www.co.fresno.ca.us/elections election information recall If you would like fillable forms, please email me at: borth@co.fresno.ca.us