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HomeElections CodeDiv. 11Ch. 4Art. 4§ 11385 Recall Election Successor Rules

§ 11385 Recall Election Successor Rules

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11385 Recall Election Successor Rules

If a statewide official is removed by a recall vote, the person who got the most votes in that same election automatically becomes the new official for the rest of the term.

Key Takeaways

  • •A recall can remove a statewide officer.
  • •No separate special election is needed; the same ballot decides the replacement.
  • •The winner serves only the remaining part of the original term.

Example

The state governor is recalled by voters. Several people are on the ballot to replace the governor. The voter who gets the most votes becomes the new governor and finishes the original governor's term.

Because the governor was recalled, the top vote‑getter in that recall election is declared the new governor and serves until the original term ends.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11385 Recall Election Successor Rules

If at a statewide recall election an officer is recalled, the candidate receiving the highest number of votes for the office shall be declared elected for the unexpired term of the recalled officer. (Amended by Stats. 2022, Ch. 790, Sec. 6. (AB 2582) Effective January 1, 2023.)

Last verified: January 10, 2026

Key Terms

statewide recall electionunexpired termrecalled officer

Related Statutes

  • § 11381 Recall Candidate Nomination Rules
  • § 11382 Local Officer Recall Vacancy
  • § 11383 Recall Election Failure Outcome
  • § 11384 Recall Vote Successor Qualification
  • § 11386 Recall Election Vacancy Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 11385.
View Official Source