Monday, February 5, 2024

California: State Senate approves Constitutional Amendment reshaping recall law

The California State Senate has approved (31-7) a proposed Constitutional Amendment (sponsored by Senator Josh Newman) that would change the recall law in somewhat odds ways. The Assembly still has to approve it before by a 2/3ds majority before it goes to the voters in November. 

The law seems to split the recall and the replacement race for state legislators, which would mean a separate election date for the replacement race. Note that Michigan did the exact opposite with their recall change in 2012.

Removed officials would now be able to run and replace themselves in the replacement race (though they can't be appointed to a temporary term).

The law would seemingly get rid of the replacement race for Governor and instead allow the automatic replacement by the Lieutenant Governor Of course, what happens if they go down the line and recalled the LG -- as they did in Wisconsin in 2012? Presumably they just go down the line of succession. 

There is a provision that I'm not sure what it means -- though it could be that if the removal happens before a presidential election, there would be a replacement race. Gotta look into this one some more. Here's the provision:

 If the Governor is removed from office by recall before the close of the nomination period for the next statewide election during the first two years of the Governor’s term, a special election shall be called to replace the Governor and shall be consolidated with the statewide primary election and, if necessary, the subsequent statewide general election. If a candidate receives a majority of the votes in the special election that is consolidated with the statewide primary election, that candidate shall become Governor for the remainder of the unexpired term. If no candidate receives a majority of the votes, the top two vote-getters shall compete in a special election consolidated with the subsequent statewide general election, and the winner of that election shall become Governor for the remainder of the unexpired term.


No comments:

Post a Comment

Note: Only a member of this blog may post a comment.