California Codes

Cal. Elections Code § 11042 (2026)

Recall Petition

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)Within 10 days after filing of the answer to the notice of intention, or, if no answer is filed, within 10 days after the expiration of the seven-day period specified in Section 11023, the proponents shall file two blank copies of the petition with the elections official in his or her office during normal office hours as posted or, in the case of a recall of a state officer, with the Secretary of State, in his or her office during normal office hours as posted, who shall ascertain if the proposed form and wording of the petition meets the requirements of this chapter.

(b)At the time of the filing of the two blank copies of the petition, the proponents shall also file proof of publication of the notice of intention, if the notice of intention was published, or an affidavit of posting of the notice of intention, if the notice of intention was posted. The elections official or, in the case of a recall of a state officer, the Secretary of State, shall, within 10 days of receiving the blank copies of the petition, notify the proponents in writing of his or her finding.

(c)If the elections official finds that the requirements of this chapter are not met, the elections official shall include in his or her findings a statement as to what alterations in the petition are necessary. The proponents shall, within 10 days after receiving the notification, file two blank copies of the corrected petition with the elections official in his or her office during normal office hours as posted. The 10-day correction notification period and the 10-day filing period for corrected petitions shall be repeated until the elections official or the Secretary of State finds no alterations are required.

(d)No signature may be affixed to a recall petition until the elections official or, in the case of the recall of a state officer, the Secretary of State, has notified the proponents that the form and wording of the proposed petition meet the requirements of this chapter.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Howard Jarvis Taxpayers Assn. v. Weber, 67 Cal. App. 5th 488 (Cal. Ct. App. 2021).
Howard Jarvis Taxpayers Assn. v. Weber, 67 Cal. App. 5th 488 (Cal. Ct. App. 2021). “(Elec. Code, § 11042.) Proposition 25 In the November 4, 2010 general election, voters approved Proposition 25, known as the “On-Time Budget Act of 2010,” which amended article IV, section 12 of the California Constitution to provide that the Legislature may pass both “the…”
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