The Question

Should recall ballots remove the replacement-candidate question and fill vacancies through existing election or appointment laws?

The Situation

Since 1911, California voters have been able to remove elected officials before their terms end through a recall petition. A recall qualifies for the ballot when supporters collect enough signatures based on turnout in the last election for that office.

Current recall ballots ask whether to remove the official and who should replace them.   If more than half of voters vote yes on the first question, the official is removed.  Voters also choose a replacement on the same ballot.  The candidate who wins the most votes is elected, even if that candidate gets less than half of the total replacement candidate votes. Voters may vote on the second question, regardless of their vote on the first question.  The recalled official may not run as a replacement candidate.

 In 2021, 62 percent voted not to recall Governor Newsom. Had the recall passed, the top replacement candidate  would have taken office with roughly 48 percent of the votes cast on the replacement question — but only about 28 percent of the votes cast in the recall election overall, since many “no” voters didn’t vote on question two.

The Legislature put this on the ballot.  If passed, it changes the California Constitution.

The Proposal

Prop 5 would remove the replacement-candidate question. Voters would decide only whether to remove the official.  If a majority of voters (50%+1) vote yes, the official would be removed and the office would be filled either by appointment or special election, depending on the office. The recalled official may not be appointed to the same office but could run in a special election.   

If the governor is recalled, the lieutenant governor would serve until voters elect a new governor.  If the recall occurs in the first two years of the term, a replacement election would be held at the next statewide election, and the winner would serve the rest of the term. If the recall happens later in the term, the lieutenant governor serves out the rest of the term instead. 

For other statewide offices, such as the lieutenant governor, attorney general, or secretary of state, the governor would appoint a replacement for the rest of the term. Legislative vacancies would usually be filled by a special election.

Fiscal Effects

According to the Legislative Analyst’s Office, Prop 5 could create costs or savings in the millions of dollars, depending on how many recalls occur and which offices are involved. Statewide office recalls (such as lieutenant governor) would affect election officials in 58 counties.  District office recalls (such as a member of the Legislature) would only affect the election officials in that district.

Removing replacement candidates from the ballot could save money, but a later special election could increase costs. 

Supporters Say

• Prop 5 preserves voters’ power to remove an officeholder by majority vote and prevents a replacement candidate from winning with only a small share of the vote in the same election.
• Choosing who governs should happen in a regular election, where candidates must earn majority support from California voters. 

Opponents Say

• Voters should keep the right to remove an elected official and choose the replacement at the same time, saving taxpayers’ money.  
• Leaving the seat vacant for a later special election could delay the voters’ call for change and allow the person recalled to run on the replacement election ballot.