California Eliminate State Officer Recall Successor Elections Amendment (2026)
California Eliminate Successor Election at a State Officer Recall Election Amendment | |
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Election date |
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Topic Recall process |
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Status On the ballot |
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Type Legislatively referred constitutional amendment |
Origin |
The California Eliminate State Officer Recall Successor Elections Amendment is on the ballot in California as a legislatively referred constitutional amendment on November 3, 2026.[1][2]
A "yes" vote supports amending the state constitution to:
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A "no" vote opposes this amendment, thereby maintaining the requirement that a simultaneous election to fill the statewide office vacancy be held at the time of the recall election. |
Overview
How would the amendment change the recall process of state officers?
- See also: Text of measure
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.[2]
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.[2]
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.[2]
How does the recall process in California compare to other states?
- See also: Laws governing recall
Thirty-nine states allow recalls of public officials at the local level. Nineteen of those also allow recalls of state officials. Eleven states do not allow recalls of public officials. To see a map with the status of recall by state, click here.
Across the states, there are four general methods used to choose a successor for a position as a result of a recall election—simultaneous election, separate special election, appointment, and automatic replacement. California currently uses the simultaneous election process, which is also used by Arizona, Colorado, Michigan, Nevada, North Dakota, and Wisconsin.
Who supports and opposes the amendment?
- See also: Support and Opposition
The amendment received support from Lieutenant Governor Eleni Kounalakis (D), Secretary of State Shirley Weber (D), California Common Cause, and League of Women Voters of California during the legislative process. State Sen. Josh Newman (D-29) and Asm. Isaac Bryan (D-55), the sponsors of the amendment, said, "The system in its current form offers bad actors an incentive to target an elected official with whom they disagree and to have the official replaced by someone who otherwise would not enjoy the support of a majority of voters. SCA 1 will ensure that statewide and legislative recalls in California are democratic, fair, and not subject to political gamesmanship."[3]
Election Integrity Project California, Inc. opposed the amendment during the legislative process. In submitted testimony, they said, "On the rare occasion when a recall of a sitting state Governor is qualified, it is the people's right not only to vote to oust the person in question, but to choose a replacement… The Lieutenant Governor is almost always on the same partisan and ideological 'page' as the Governor, and as such would be just as unacceptable to the citizenry as the person they are 'firing.' The proposal of SCA 1 that the Lieutenant Governor simply assume the governorship in the event of a successful recall would make a gubernatorial recall effort a 'frying pan vs the fire' situation, and monumentally suppress not only the people's right to self-govern but their eagerness to participate in government at all. Every step should be taken to encourage full participation of all eligible voters in making the decisions and choices that affect their lives and keep our Republic not only strong but also responsive to its constituents. SCA 1 is definitely a step in the wrong direction."[3]
Text of measure
Constitutional changes
The ballot measure would amend Sections 15 and 17 of Article II and Section 10 of Article V of the California Constitution. The following underlined text would be added and struck-through text would be deleted:[2]
Note: Hover over the text and scroll to see the full text.
(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.
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.
Article V, 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. [4]
Support
Ballotpedia has not located a campaign in support of the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Supporters
Officials
- State Sen. Josh Newman (D)
- State Asm. Isaac Bryan (D)
- Lieutenant Governor Eleni Kounalakis (D)
- Secretary of State Shirley Weber (D)
Organizations
Arguments
Opposition
Ballotpedia has not located a campaign in opposition to the ballot measure. You can share campaign information or arguments, along with source links for this information, with us at editor@ballotpedia.org.
Opponents
Organizations
Arguments
Campaign finance
Ballotpedia has not identified any committees registered in support of or opposition to the amendment.[5]
Cash Contributions | In-Kind Contributions | Total Contributions | Cash Expenditures | Total Expenditures | |
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Support | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Oppose | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Total | $0.00 | $0.00 | $0.00 | $0.00 | $0.00 |
Background
Laws governing recall in California
California voters approved an amendment in 1911 authorizing the recall process in the state constitution. It was approved with 76.8% of the vote.
For recall of state officials, proponents must file a notice-of-intent-to-recall petition signed by 50 registered voters or by a number of registered voters "equal to five times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher."[6]
For the actual petition, signatures must equal a percentage of the total number of votes most recently cast for the targeted office—12% for executive officials and 20% for state legislators and judges. In addition, the petition must include signatures from each of at least five counties equal in number to 1% of the last vote for the office in that county.
For state-level offices, California uses a replacement question on the recall ballot to determine who will take office if a majority of voters cast ballots in favor of the recall. The official against whom the recall is sought cannot submit himself or herself as a possible replacement candidate.
Candidates filing for the replacement question must submit the standard nomination papers and a declaration of candidacy at least 59 days before the date of the recall election.
California voters have decided on four ballot measures related to the recall process. Three were approved, and one was defeated.
Year | Ballot measure | Summary | Outcome |
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1911 | Proposition 8 | Create a process to recall elected officials | ![]() |
1915 | Proposition 3 | Establish a 12-year term length for superior judges and declaring them subject to recall, impeachment, and removal | ![]() |
1974 | Proposition 9 | Clarify the laws surrounding the recall of elected officials and make all local officials' offices subject to recall | ![]() |
1994 | Proposition 183 | Change laws governing recall elections, thereby allowing a recall election to be held within 180 days of the certification of signatures rather than current law, which provided a recall election to be held between 60 and 80 days after signature certification | ![]() |
State official recall elections in California
According to the California Secretary of State, since 1913, there have been 179 recall attempts of state elected officials in California, with 11 qualifying for the ballot. A complete list of all state recall attempts in California is available here. The list of the qualified recalls and the outcomes are listed below:[7]
Year | Officer | Outcome |
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1913 | Senator Marshall Black (R) | Recalled |
1913 | Senator Edwin E. Grant (D) | Recalled |
1914 | Senator James C. Owens (D) | Unsuccessful |
1994 | Senator David Roberti (D) | Unsuccessful |
1994 | Assemblymember Michael Machado (D) | Unsuccessful |
1994 | Assemblymember Paul Horcher (R) | Recalled |
1995 | Assemblymember Doris Allen (R) | Recalled |
2003 | Gov. Gray Davis (D) | Recalled |
2007 | Senator Jeffrey Denham (R) | Unsuccessful |
2018 | Senator Josh Newman (D) | Recalled |
2021 | Gov. Gavin Newsom (D) | Unsuccessful |
Gubernatorial recalls in California
There have been 56 attempts to recall a governor since California adopted the process in 1911. The only successful effort was in 2003 when voters recalled then-Gov. Gray Davis (D). Arnold Schwarzenegger (R) was elected as Davis' replacement.[8]
The last gubernatorial recall election in California was on September 14, 2021, when voters decided to retain Gov. Gavin Newsom (D) by a vote of 61.9% to 38.1%. Voters had to decide two questions: whether Newsom should be recalled and, if so, who should replace him. A majority vote was required on the first question for the governor to be recalled. If Newsom had been recalled, the candidate with the most votes on the second question would have won the election, no majority required. Forty-six candidates, including nine Democrats and 24 Republicans, ran in the election as possible successors to Newsom.
States with recall process
Thirty-nine states allow recalls of public officials at the local level. Nineteen of those also allow recalls of state officials. Eleven states do not allow recalls of public officials. The map below shows which states allow recalls and whether they allow the recall of both state and local officials or only local officials.
Choosing a successor by state
There are four general methods used to choose a successor for a position as a result of a recall election:
- Simultaneous election—the (potential) successor is chosen on the same ballot
- Separate special election—the successor is chosen in a special election following the recall election
- Appointment—the successor is appointed
- Automatic replacement—the successor is determined by the legal line of succession
The type of process used varies by state and office. A list of how each state with a recall process chooses successors is available here.
Path to the ballot
- See also: Amending the California Constitution
A two-thirds (66.67%) vote is required during one legislative session for the California State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 54 votes in the California State Assembly and 27 votes in the California State Senate, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot.
This amendment was introduced as Senate Constitutional Amendment 1 on January 30, 2023. On February 1, 2024, the state Senate passed SCA 1 in a vote of 31-7. The state Assembly passed an amended version of SCA 1 on August 30, 2024 by a vote of 59-17. The Senate concurred with the amendments on August 31 by a vote of 32-8.[1]
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How to cast a vote
- See also: Voting in California
See below to learn more about current voter registration rules, identification requirements, and poll times in California.
See also
View other measures certified for the 2026 ballot across the U.S. and in California.
Explore California's ballot measure history, including constitutional amendments.
Understand how measures are placed on the ballot and the rules that apply.
External links
Footnotes
- ↑ 1.0 1.1 California State Legislature, "SCA 1 Overview," accessed February 2, 2024
- ↑ 2.0 2.1 2.2 2.3 2.4 California State Legislature, "SCA 1 Text," accessed February 2, 2024
- ↑ 3.0 3.1 California State Legislature, "SCA 1 Analysis," accessed December 5, 2024
- ↑ 4.0 4.1 Note: This text is quoted verbatim from the original source. Cite error: Invalid
<ref>
tag; name "quotedisclaimer" defined multiple times with different content - ↑ Cal-Access, "Home," accessed December 3, 2024
- ↑ California State Legislature, "AB-2584 Recall elections." accessed October 3, 2022
- ↑ California State Legislature, "Senate Bill Analysis," accessed December 4, 2024
- ↑ California Secretary of State, "Complete List of Recall Attempts," accessed November 16, 2020
- ↑ California Secretary of State, "Section 3: Polling Place Hours," accessed August 12, 2024
- ↑ California Secretary of State, "Voter Registration," accessed August 13, 2024
- ↑ 11.0 11.1 California Secretary of State, "Registering to Vote," accessed August 13, 2024
- ↑ California Secretary of State, "Same Day Voter Registration (Conditional Voter Registration)," accessed August 13, 2024
- ↑ SF.gov, "Non-citizen voting rights in local Board of Education elections," accessed November 14, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ California Secretary of State, "What to Bring to Your Polling Place," accessed August 12, 2024
- ↑ BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS, "Section 20107," accessed August 12, 2024
- ↑ Democracy Docket, "California Governor Signs Law to Ban Local Voter ID Requirements," September 30, 2024