Foster

BACKGROUND LAW

“Recall is the power of the electors to remove an elective officer.” (Cal. Const., art. II, § 13.) Although the California Constitution speaks of recall as a power reserved to the people, it grants the Legislature broad authority to enact laws governing the recall process. (Cal. Const., art. II, §§ 16, 19; Libertarian Party of California v. Eu (1980) 28 Cal.3d 535, 540.) The statutes governing recall elections are contained in section 11000 et seq. of the Elections Code.1 Sections 11200 through 11242 address the specific procedures governing the recall of local elective officers. (See Persky v. Bushey (2018) 21 Cal.App.5th 810, 821.) Under the statutory scheme, a recall is commenced by the service, filing, and publication/posting of a notice of intention to circulate a recall petition. (§§ 11006, 11020-11022.) In the case of a local officer, the notice is filed with the local elections official. (§ 11021.) Within seven days thereafter, the officer sought to be recalled may file an answer. (§§ 11023-11024.)

Undesignated statutory references are to the Elections Code.

2 The proponents of the recall may not circulate the petition for signatures until the…