Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1294Introduced by Senator Ochoa BoghFebruary 15, 2024 An act to amend Section 11201 of the Elections Code, relating to elections. An act to add Section 11228 to the Elections Code, relating to elections.LEGISLATIVE COUNSEL'S DIGESTSB 1294, as amended, Ochoa Bogh. Elections: recall of local officers.Existing law provides for the recall of local officers. Existing law requires a recall petition to contain, among other things, a copy of the notice of intention that includes the names of at least 10 recall proponents that appear on the notice and that are selected by the proponents. Existing law requires the elections official to verify the signatures on the recall petition and, if the elections official finds the signatures to be sufficient, to submit a certificate as to the sufficiency of the petition to the governing body at its next regular meeting. Within 14 days after the meeting at which the governing body receives the certificate of sufficiency, existing law requires the governing body to issue an order stating that an election will be held to determine whether or not the officer named in the petition should be recalled.This bill would authorize the proponents of a recall of a local officer to file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting. The bill would require the elections official, upon receipt of the notice of withdrawal, to take no further action on the petition. The bill would provide that the withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer. The bill would define proponents, for its purposes, to mean the 10 recall proponents listed on the copy of the notice of intention that appears on the recall petition, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law provides for the recall of local officers. When the city or county elections official is the officer sought to be recalled, existing law requires the duties imposed upon that official to be performed by some other person designated by the governing board. This bill would make a technical, nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11228 is added to the Elections Code, to read:11228. (a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.(b) (1) Upon receipt of the proponents notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.(2) A recall petition that has been withdrawn by its proponents shall remain on file.(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.(d) For purposes of this section, proponents means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 11201 of the Elections Code is amended to read:11201.When the city or county elections official is the officer sought to be recalled, the duties imposed upon that official shall be performed by some other person designated by the governing board.
Amended IN Senate March 20, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1294Introduced by Senator Ochoa BoghFebruary 15, 2024 An act to amend Section 11201 of the Elections Code, relating to elections. An act to add Section 11228 to the Elections Code, relating to elections.LEGISLATIVE COUNSEL'S DIGESTSB 1294, as amended, Ochoa Bogh. Elections: recall of local officers.Existing law provides for the recall of local officers. Existing law requires a recall petition to contain, among other things, a copy of the notice of intention that includes the names of at least 10 recall proponents that appear on the notice and that are selected by the proponents. Existing law requires the elections official to verify the signatures on the recall petition and, if the elections official finds the signatures to be sufficient, to submit a certificate as to the sufficiency of the petition to the governing body at its next regular meeting. Within 14 days after the meeting at which the governing body receives the certificate of sufficiency, existing law requires the governing body to issue an order stating that an election will be held to determine whether or not the officer named in the petition should be recalled.This bill would authorize the proponents of a recall of a local officer to file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting. The bill would require the elections official, upon receipt of the notice of withdrawal, to take no further action on the petition. The bill would provide that the withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer. The bill would define proponents, for its purposes, to mean the 10 recall proponents listed on the copy of the notice of intention that appears on the recall petition, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law provides for the recall of local officers. When the city or county elections official is the officer sought to be recalled, existing law requires the duties imposed upon that official to be performed by some other person designated by the governing board. This bill would make a technical, nonsubstantive change to this provision.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES
Amended IN Senate March 20, 2024
Amended IN Senate March 20, 2024
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 1294
Introduced by Senator Ochoa BoghFebruary 15, 2024
Introduced by Senator Ochoa Bogh
February 15, 2024
An act to amend Section 11201 of the Elections Code, relating to elections. An act to add Section 11228 to the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1294, as amended, Ochoa Bogh. Elections: recall of local officers.
Existing law provides for the recall of local officers. Existing law requires a recall petition to contain, among other things, a copy of the notice of intention that includes the names of at least 10 recall proponents that appear on the notice and that are selected by the proponents. Existing law requires the elections official to verify the signatures on the recall petition and, if the elections official finds the signatures to be sufficient, to submit a certificate as to the sufficiency of the petition to the governing body at its next regular meeting. Within 14 days after the meeting at which the governing body receives the certificate of sufficiency, existing law requires the governing body to issue an order stating that an election will be held to determine whether or not the officer named in the petition should be recalled.This bill would authorize the proponents of a recall of a local officer to file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting. The bill would require the elections official, upon receipt of the notice of withdrawal, to take no further action on the petition. The bill would provide that the withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer. The bill would define proponents, for its purposes, to mean the 10 recall proponents listed on the copy of the notice of intention that appears on the recall petition, as specified.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Existing law provides for the recall of local officers. When the city or county elections official is the officer sought to be recalled, existing law requires the duties imposed upon that official to be performed by some other person designated by the governing board. This bill would make a technical, nonsubstantive change to this provision.
Existing law provides for the recall of local officers. Existing law requires a recall petition to contain, among other things, a copy of the notice of intention that includes the names of at least 10 recall proponents that appear on the notice and that are selected by the proponents. Existing law requires the elections official to verify the signatures on the recall petition and, if the elections official finds the signatures to be sufficient, to submit a certificate as to the sufficiency of the petition to the governing body at its next regular meeting. Within 14 days after the meeting at which the governing body receives the certificate of sufficiency, existing law requires the governing body to issue an order stating that an election will be held to determine whether or not the officer named in the petition should be recalled.
This bill would authorize the proponents of a recall of a local officer to file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting. The bill would require the elections official, upon receipt of the notice of withdrawal, to take no further action on the petition. The bill would provide that the withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer. The bill would define proponents, for its purposes, to mean the 10 recall proponents listed on the copy of the notice of intention that appears on the recall petition, as specified.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law provides for the recall of local officers. When the city or county elections official is the officer sought to be recalled, existing law requires the duties imposed upon that official to be performed by some other person designated by the governing board.
This bill would make a technical, nonsubstantive change to this provision.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 11228 is added to the Elections Code, to read:11228. (a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.(b) (1) Upon receipt of the proponents notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.(2) A recall petition that has been withdrawn by its proponents shall remain on file.(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.(d) For purposes of this section, proponents means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SECTION 1.Section 11201 of the Elections Code is amended to read:11201.When the city or county elections official is the officer sought to be recalled, the duties imposed upon that official shall be performed by some other person designated by the governing board.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 11228 is added to the Elections Code, to read:11228. (a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.(b) (1) Upon receipt of the proponents notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.(2) A recall petition that has been withdrawn by its proponents shall remain on file.(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.(d) For purposes of this section, proponents means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.
SECTION 1. Section 11228 is added to the Elections Code, to read:
### SECTION 1.
11228. (a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.(b) (1) Upon receipt of the proponents notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.(2) A recall petition that has been withdrawn by its proponents shall remain on file.(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.(d) For purposes of this section, proponents means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.
11228. (a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.(b) (1) Upon receipt of the proponents notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.(2) A recall petition that has been withdrawn by its proponents shall remain on file.(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.(d) For purposes of this section, proponents means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.
11228. (a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.(b) (1) Upon receipt of the proponents notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.(2) A recall petition that has been withdrawn by its proponents shall remain on file.(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.(d) For purposes of this section, proponents means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.
11228. (a) The proponents of a recall of a local officer may file with the elections official a notice withdrawing their petition at any time before the elections official submits the certificate of sufficiency to the governing body at its next regular meeting as specified in Section 11227.
(b) (1) Upon receipt of the proponents notice of withdrawal specified in subdivision (a), the elections official shall take no further action on the petition, whether or not the petition has already been found sufficient by the elections official.
(2) A recall petition that has been withdrawn by its proponents shall remain on file.
(c) The withdrawal of a recall petition against a local officer does not bar the later filing of a new petition against that officer.
(d) For purposes of this section, proponents means the 10 recall proponents listed on the copy of the notice of intention that appears on each page of each section of the recall petition as provided in paragraph (2) of subdivision (a) of Section 11041.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
### SEC. 2.
When the city or county elections official is the officer sought to be recalled, the duties imposed upon that official shall be performed by some other person designated by the governing board.