A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Sections 15 and 17 of Article II thereof, and by amending Section 10 of Article V thereof, relating to elections.
Summary
The California Constitution provides that voters may recall a state officer by majority vote and, in the same election, elect a successor with a plurality of the vote. The Constitution prohibits an officer who is the subject of a recall election from being a candidate for successor. The Constitution provides that the Lieutenant Governor becomes Governor when a vacancy occurs in the office of Governor, and requires the Lieutenant Governor to 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. When a recall of the Governor is initiated, the Constitution requires the Lieutenant Governor to perform the recall duties of the Governor. The Constitution requires the Governor to fill vacancies in certain judicial and executive offices by appointment, as specified. This measure would eliminate the successor election for a recalled state officer and instead provide, in the event an officer is removed in a recall election, that the office will remain vacant until it is filled in accordance with the Constitution and statute. The measure would repeal the prohibition against the officer subject to the recall being a candidate to fill the office in a special election, but would prohibit the appointment of the officer subject to the recall election to fill the vacancy. If the Governor is removed from office in a recall election, this measure would provide that the Lieutenant Governor will 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, the measure would provide for a special election to be held to replace the Governor for the remainder of the unexpired term, to be consolidated with the next statewide primary election and, if necessary, the subsequent statewide general election. The measure would require the Secretary of State to perform the recall duties of the Governor when a recall of the Governor is initiated. The measure would require the Controller to perform the recall duties of the Governor and Secretary of State if recalls of those two officers are initiated at the same time. If adopted by the Legislature, the measure would appear on the ballot at the November 3, 2026, statewide general election.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2023
Committee Review
Jun 2024
Senate Passage
Feb 2024
Assembly Passage
Aug 2024
Signed into Law
Sep 2024
Introduced Jan 30, 2023
Signed Sep 10, 2024
Floor votes · Senate Feb 1, 2024 · Assembly Aug 30, 2024
How they voted
31–7
Passed · 2 other
Total votes 40
Feb 1, 2024
D
Democratic31
93% Yea
R
Republican9
77% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
26
Key actions
10
Committee
5
Amendments
6
Sep 10, 2024
Introduced
Enrolled and filed with the Secretary of State at 11 a.m.
legislature
Aug 31, 2024
Upper · Passed
Assembly amendments concurred in. (Ayes 32. Noes 8. Page 5775.) Ordered to engrossing and enrolling.
upper
Aug 30, 2024
Assembly · Passed
Assembly Vote: pass (59-17-3)
assembly
Aug 30, 2024
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Aug 30, 2024
Lower · Passed
Read. Adopted. (Ayes 59. Noes 17. Page 6979.) Ordered to the Senate.
lower
Aug 19, 2024
Lower · Passed
Read second time and amended. Ordered to second reading.
lower
Aug 15, 2024
Lower · Passed
From committee: Be adopted as amended. (Ayes 11. Noes 3.) (August 15).
lower
Jun 26, 2024
Lower · Passed
From committee: Be adopted and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 26). Re-referred to Com. on APPR.
lower
Jun 10, 2024
Committee
Referred to Com. on ELECTIONS.
lower
Feb 1, 2024
Senate · Passed
Senate Vote: pass (31-7-2)
senate
Feb 1, 2024
Upper · Passed
Read. Adopted. (Ayes 31. Noes 7. Page 3071.) Ordered to the Assembly.
upper
Sep 1, 2023
Upper · Passed
From committee: Be adopted. (Ayes 5. Noes 2. Page 2275.) (September 1).
upper
May 9, 2023
Upper · Passed
From committee: Be adopted and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 1025.) (May 8). Re-referred to Com. on APPR.
upper
Feb 9, 2023
Committee
Referred to Com. on E. & C.A.
upper
Jan 30, 2023
Introduced
Introduced. Read first time. To Com. on RLS. for assignment. To print.
upper
1 primary · 6 co-sponsors
Sponsors
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