California State Senate Approves Constitutional Amendment to Reform California’s Chaotic Recall Process

Sacramento, Calif. — In a bipartisan vote of 31 to 7, the California State Senate voted today to approve a constitutional amendment that would reform and simplify California’s recall process. Introduced by Senator Josh Newman (D-Fullerton), SCA 1, if approved by the voters at the next general election, would simplify the state-level recall ballot to present voters with a single question: “Should the official be recalled? Yes or no.”

Under the provisions of SCA 1, the second question, in which voters are asked to select a replacement candidate in the event a majority support the recall, would be eliminated, and the vacancy would be filled in the same manner as if the official had resigned or was removed from office for any other reason.

“The unfortunate reality is that our recall system in its current form incentivizes political opportunism and gamesmanship when it comes to recall elections,” said Senator Josh Newman (D-Fullerton). “By simplifying the recall process to focus firmly on the probity and fitness of an elected official, as opposed to his or her prospective replacements, SCA 1 will restore and reaffirm the value of the recall process as a just and measured check on corrupt or malfeasant state-level public officials as originally intended by its framers.”

Of the 19 states with constitutionally prescribed recall processes, California is just one of two that require a two-question recall ballot, which allow for candidates to win political office without receiving a majority of votes cast. As demonstrated in the 2021 recall election of Governor Gavin Newsom, under this two-question ballot structure, the leading replacement candidate could have succeeded to the office of Governor with a plurality of as little as 16% of all voters, far less than the absolute majority required under normal electoral conditions.

“We had 46 gubernatorial replacement candidates in the 2021 gubernatorial election. The short turnaround time for recall elections does not allow sufficient time for voters to both consider the recall question and vet a replacement out of an enormous field of candidates,” said Secretary of State Shirley N. Weber, Ph.D. “If voters decide to recall an elected official, this legislation will give voters more time to make an informed decision about their choice of a replacement.”

Polling during and after the 2021 gubernatorial recall revealed Californians’ frustrations with the recall process. A July 2021 poll from the Yankelovich Center at UC San Diego found 68% of voters wanted changes to the recall process, and a March 2022 poll from the Public Policy Institute of California found 59% of voters wanted the opportunity to vote on a proposition to reform to the recall process.

SCA 1 now moves to the State Assembly, where if approved by a two-thirds majority, will appear on the next general election ballot as a proposition for the voters’ consideration.

SCA 1 is supported by the California Secretary of State, California Common Cause, and the League of Women Voters of California. The measure is principle coauthored by the Chair of the Assembly Elections Committee, Assemblymember Issac Bryan (D-Los Angeles). Additional coauthors include Senators Tom Umberg (D-Santa Ana), Caroline Menjivar (D-San Fernando Valley), and Catherine Blakespear (D-Encinitas).

To schedule an interview with Senator Newman, contact Jacqueline Anapolsky at 916.651.4029.

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State Senator Josh Newman represents the 29th Senate District, which is comprised of portions of Los Angeles County, Orange County, and San Bernardino County. The 29th District includes all or parts of the cities of Anaheim, Brea, Buena Park, Chino Hills, City of Industry, Cypress, Diamond Bar, Fullerton, La Habra, La Palma, Placentia, Rowland Heights, Stanton, Walnut, West Covina and Yorba Linda. Senator Newman is a former United States Army officer, businessperson, and veterans’ advocate, and lives in Fullerton with his wife and daughter.