Persky

*815 Appellant Aaron Persky, a superior court judge in Santa Clara County, is the subject of a recall effort initiated by Michele Dauber and 19 others, real parties in interest in the underlying proceedings. Judge Persky unsuccessfully sought writ relief to enjoin the circulation of the recall petition on the ground that it should have been filed with the California Secretary of State, not the Registrar of Voters. On appeal, Judge Persky maintains that a writ of mandate should have been granted, because a judge of the superior court is a state officer who can be recalled only by a petition reviewed and certified for circulation by the Secretary of State. We find no procedural error and therefore must affirm the order.

Background

Judge Persky was appointed to the superior court bench in 2003 and has been reelected thereafter, most recently in 2016. On July 10, 2017, Dauber and the 19 other individuals (hereafter, Real Parties or the proponents) submitted a "Petition for Recall of Judge Aaron Persky" to the Registrar, Shannon Bushey. Judge Persky's attorney, Mark S. Rosen, responded, asserting several flaws in the proposed petition, primarily that (1) under the California…