Wednesday, September 25, 2024

California: Constitutional Amendment reshaping recall law approved for 2026 ballot

The California legislature has approved a Constitutional Amendment  that would change the recall law in somewhat odds ways. The Amendment will be on the ballot in November 3rd, 2026 general election.

The amendment was approved 32-8 by the Senate and 59-17 by the Assembly and sponsored by Senator Josh Newman and Assemblymember Isaac Bryan)

The law would seemingly get rid of the replacement race for Governor and instead allow the automatic replacement by the Lieutenant Governor, unless the recall happens before the nomination period for the midway point of the term, which would then allow for a replacement election to take place at the next general election, which presumably would be the Presidential election. 

Of course, what happens if they go down the line and also recalled the LG -- as they did in Wisconsin in 2012? Presumably they just go down the line of succession -- which would lead to the President Pro Tempore of the Senate (so, a quasi-Benjamin Wade situation). 

The other statewide officials would be replaced by the Governor (with the approval of the legislature). 

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 (set by the Governor). Note that Michigan did the exact opposite with their recall change in 2012.

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

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