Ninth Circuit Upholds California’s Rules for Recalls for State Office

On November 29, the Ninth Circuit upheld California’s rules for recalls for state office. The California law says recalls shall simultaneously first ask the voters if they want to recall the officer. Then, on the same ballot, voters are asked to choose a replacement, in case the recall succeeds. But the person being recalled is not permitted to be listed as a candidate on that second half of the ballot.

A voter had sued, arguing that he ought to have a right to vote for the person being recalled on the second half of the ballot. Specifically, he had argued that he should be permitted to vote for Gavin Newsom in the California gubernatorial recall of 2021. But the court did not find any constitutional flaw in the California recall system. Thanks to Steve Kamp for this news. Here is the decision in Clark v Weber, 21-56337.


Comments

Ninth Circuit Upholds California’s Rules for Recalls for State Office — 2 Comments

  1. Places that allow that sometimes have the absurd result that a majority of the voters will support the recall, but the recalled candidate can win the replacement vote in a crowded field.

    Anyway, recall elections often produce a large field of replacement candidates, and should use either ranked choice or approval voting for the replacement voting.

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