§ 11382 Local Officer Recall Vacancy

This law says you can't hold an election to pick a new local officer right away when the current one is recalled; if most voters say 'yes' to the recall, the officer is kicked out and the job stays empty until it’s filled the normal way.

Key Takeaways

•No special election for a replacement right after a recall.
•The officer is only removed if a majority of voters say 'yes' to the recall.
•The office stays vacant until it is filled according to the usual laws.

Example

The town mayor is recalled and the voters vote 'yes' to remove them.

Because the recall got a majority 'yes' vote, the mayor is removed and the town can't immediately vote for a new mayor. The mayor's seat stays empty until the town follows its regular rules to fill the vacancy.

There shall not be an election for a successor in a recall of a local officer pursuant to Chapter 3 (commencing with Section 11200). If a majority of the votes on a recall proposal for a local officer are “Yes”, the officer is removed and the office shall be vacant until it is filled according to law. (Added by Stats. 2022, Ch. 790, Sec. 4. (AB 2582) Effective January 1, 2023.)

Key Takeaways

•No special election for a replacement right after a recall.
•The officer is only removed if a majority of voters say 'yes' to the recall.
•The office stays vacant until it is filled according to the usual laws.

Example

The town mayor is recalled and the voters vote 'yes' to remove them.

Key Takeaways

Example

Key Terms

References

§ 11382 Local Officer Recall Vacancy

Key Takeaways

Example

Key Terms

References

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References