Reforming the Recall

Report #266, February 2022
Reforming the Recall

Full Report

Executive Summary

Press Release

FOR IMMEDIATE RELEASE
February 8, 2022
 
For Additional Information Contact:
Ethan Rarick, Executive Director
(510) 205-8042

 

California Must Address Weakness in the State’s Recall System, Urges Little Hoover Commission

 

California should adjust the signature requirement for recalling statewide office-holders and revise the recall election process to put the incumbent on the ballot against all challengers, urges the state’s independent government watchdog in its new report.

In Reforming the Recall, the Little Hoover Commission evaluates the state’s recall process, examines the advantages and drawbacks of different recall reforms, and offers recommendations to strengthen the recall system.

“The recall is a popular tool of direct democracy that has been a significant component of the state’s electoral system for over a century,” says Commission Chair Pedro Nava. “We must keep the recall, but California must address fundamental flaws within current recall procedures that leave the system vulnerable to abuse and pave the way for a potentially undemocratic outcome.”

In its report, the Commission recommends that California change the signature requirement for recalling statewide office-holders from 12 percent of the vote in the last election for the office to 10 percent of registered voters. This adjustment will reduce fluctuations in the signature threshold as a result of differences in voter turnout between elections, providing greater consistency in the recall process. It will also increase the number of signatures required to initiate a recall election, discouraging overuse of the recall while keeping it accessible as a tool of electoral accountability.

The Commission further recommends that the state replace the existing two-part recall ballot with a “snap” special recall election. Under this system, the targeted official is placed on the ballot with all potential replacements.

“Under the current recall system a replacement candidate can win office even if they received fewer votes than the recalled incumbent,” says Chair Nava. “The core reason that the Commission supports the use of snap elections for recalls is that it would protect the democratic principle that the person who receives the most votes should win.”

The report follows a lengthy study process that included three public hearings at which Commissioners heard testimony from current and former elected officials such as Secretary of State Shirley Weber and former Secretary of State Bill Jones. The Commission also took testimony from a wide array of scholars and other experts, and received comment from more than 150 members of the public.

The Commission also outlines procedural reforms, which would give elections officials more time to administer elections and provide greater clarity around the recall process.

Several of the Commission’s recommendations—including those outlined above—must be approved by voters. The Commission urges the Legislature to propose recall reforms separately, to give voters the opportunity to pick which changes they think should be adopted.

“The Commission’s recommendations will bolster California’s recall system by helping the state better balance voters’ right to recall officials with protection for electoral integrity and democratic principles,” says Chair Nava.

About the Little Hoover Commission

The Little Hoover Commission is America’s only permanent, independent citizens commission working to improve state government. A nonpartisan oversight agency created in 1962, the Commission includes 13 Commissioners appointed by the Governor and legislative leaders. The Commission’s mission is to investigate state operations and promote efficiency, economy, and improved service.

Fact Sheet

Study Description

Agenda

Overview

In 2021, for the second time in two decades, Californians went to the polls to vote on the recall of the state’s governor. The attempted recall of Governor Gavin Newsom brought significant attention to the recall and spurred calls to reform California’s recall system.

As California’s independent oversight agency, the Little Hoover Commission considered whether California’s system for recalling state office-holders should be changed, and if so, how. The Commission’s study examined the history of the recall in California, how the recall process operates, and how the recall works in other states. It also explored the advantages and drawbacks of different recall reforms.

In its report, the Commission recommends adjustments to the signature requirement for recalling statewide office-holders and to the procedure for recalling and replacing state officials. The Commission also identifies procedural changes that would improve the recall process.

Written testimony from hearing witnesses can be found below in the corresponding event agenda.

In the News
Print 
			Agenda
  • November 8
    2021
    Hearing on California's Recall System (Part 3)
    10 a.m.
    Public Hearing
    Agenda

    Hearing on California's Recall System (Part 3)
    10 a.m. 
    Monday, November 8, 2021

    1. Potential Reform of the State Recall System
              a. Dr. Shirley Weber, California Secretary of State
              b. Bill Jones, Former California Secretary of State, 1995-2003
              c. Ben Allen, California State Senator (SD 26)
              d. Public Comment

    Share your thoughts on California's recall system here: https://bit.ly/CArecallsystem

    Public Notice

    FOR IMMEDIATE RELEASE
    October 29, 2021
     

    For Additional Information Contact:
    Ethan Rarick, Executive Director
    (510) 205-8042

    Notice of Events

    The Little Hoover Commission will conduct a public hearing beginning at 10 a.m. on Monday, November 8 on California's recall system and a webinar on Tuesday, November 9 at 12 p.m. on COVID-19 and children's mental health. The events will be conducted via Zoom. 

    Members of the public are encouraged to listen to the events by joining online or by phone. The Zoom information and phone number for accessing the events are included below with each event's agenda and also on our website. We highly recommend members of the public access the events through the Zoom app. Please visit the Zoom website for instructions on how to download the Zoom app onto a computer or smartphone. The events will also be livestreamed on the Commission's Facebook page.

    During the events, members of the public may indicate to staff that they wish to make public comment by using the “raise” hand feature in Zoom or sending an email to littlehoover@lhc.ca.gov with your question and the phone number from which you have joined the event. Public comments will be heard at the end of the events and will be limited to three minutes per speaker and to a total of 30 minutes.

    Witnesses may be taken out of order to accommodate speakers and to maintain a quorum. The events may be canceled without notice.

    If you need reasonable accommodation due to a disability, please contact the Little Hoover Commission at (916) 445-2125 or littlehoover@lhc.ca.gov by Monday, November 1 for the November 8 public hearing and by Tuesday, November 2 for the November 9 webinar. 


    Please be aware that there may be delays in responding to emails or other communications to the Commission as our staff is now working remotely due to the coronavirus epidemic. We appreciate your patience.

    Video

  • October 14
    2021
    California's Recall System
    10 a.m.
    Public Hearing
    Agenda

    Public Hearing on California's Recall System
    10:00 a.m.
    Thursday, October 14, 2021

     

    1. Potential Reform of the State Recall System
    • Historical and Comparative Background
      • David A. Carrillo, Executive Director, California Constitution Center, University of California, Berkeley
    • Public Opinion about the Recall and Potential Reforms
      • Mark Baldassare, President and Chief Executive Officer, Public Policy Institute of California (Written Testimony)
      • Mark DiCamillo, Director, Berkeley IGS Poll, University of California, Berkeley (Witness Presentation)
      • Thad Kousser, Professor of Political Science and Co-Director, Yankelovich Center for Social Science Research, University of California, San Diego (Witness Presentation & Written Testimony)
    • Public Comments (3 minutes per speaker, limited to 30 minutes total)
    Public Notice

    FOR IMMEDIATE RELEASE
    October 4, 2021
     

    For Additional Information Contact:
    Ethan Rarick, Executive Director
    (916) 445-0943

    Notice of Hearing

    On Thursday, October 14, 2021 the Little Hoover Commission will conduct a public hearing on California's recall system via Zoom.

    Members of the public are encouraged to listen to the hearing by joining online or by phone. Click the URL to join online: https://bit.ly/3AaPGdI. To join via phone, call toll free from the U.S. by dialing (888) 788-0099. The webinar ID is 955-9424-5574. The password is 698923. We highly recommend members of the public access the hearing through the Zoom app. Please visit the Zoom website for instructions on how to download the Zoom app onto a computer or smartphone. The hearing will also be livestreamed on the Commission's Facebook page.

    During the hearing, members of the public may indicate to staff that they wish to make public comment by using the “raise” hand feature in Zoom or sending an email to littlehoover@lhc.ca.gov with your question and the phone number from which you have joined the hearing. Public comments will be heard at the end of the hearing and will be limited to three minutes per speaker and to a total of 30 minutes.

    Witnesses may be taken out of order to accommodate speakers and to maintain a quorum. The hearings may be cancelled without notice.

    If you need reasonable accommodation due to a disability, please contact the Little Hoover Commission at (916) 445-0943 or littlehoover@lhc.ca.gov by Thursday, October 7, 2021.

    Please be aware that there may be delays in responding to emails or other communications to the Commission as our staff is now working remotely due to the coronavirus epidemic. We appreciate your patience.

    Video
  • October 28
    2021
    California's Recall System (Part 2)
    10 a.m.
    Public Hearing
    Agenda

    AGENDA:
    Public Hearing on California's Recall System (Part 2)
    10:00 a.m.
    Thursday, October 28, 2021

    1. Potential Reform of the State Recall System

    • Cathy Darling Allen, Shasta County Clerk and Registrar of Voters and Board Chair, California Voter Foundation (Written Testimony)
    • Karthick Ramakrishnan, Professor of Public Policy, University of California, Riverside; Executive Director, California 100; and Founder, Center for Social Innovation, UC-Riverside (Witness Presentation)
    • Jessica A. Levinson, Professor, Loyola Law School and Director, Loyola Law School’s Public Service Institute
    • Public Comments (3 minutes per speaker, limited to 30 minutes total)
    Public Notice

    FOR IMMEDIATE RELEASE
    October 18, 2021

     

    For Additional Information Contact:
    Ethan Rarick, Executive Director
    (510) 205-8042

    Notice of Meeting

    On Thursday, October 28, 2021 the Little Hoover Commission will conduct a public hearing on California's recall system via Zoom.

    Members of the public are encouraged to listen to the hearing by joining online or by phone. Click the URL to join online: https://bit.ly/3G14r79. To join via phone, call toll free from the U.S. by dialing (888) 788-0099. The webinar ID is 979-7797-7060. The password is 575258. We highly recommend members of the public access the hearing through the Zoom app. Please visit the Zoom website for instructions on how to download the Zoom app onto a computer or smartphone. The hearing will also be livestreamed on the Commission's Facebook page.

    During the hearing, members of the public may indicate to staff that they wish to make public comment by using the “raise” hand feature in Zoom or sending an email to littlehoover@lhc.ca.gov with your question and the phone number from which you have joined the hearing. Public comments will be heard at the end of the hearing and will be limited to three minutes per speaker and to a total of 30 minutes.

    Witnesses may be taken out of order to accommodate speakers and to maintain a quorum. The hearings may be cancelled without notice.

    If you need reasonable accommodation due to a disability, please contact the Little Hoover Commission at (916) 445-2125 or littlehoover@lhc.ca.gov by Thursday, October 21, 2021.


    Please be aware that there may be delays in responding to emails or other communications to the Commission as our staff is now working remotely due to the coronavirus epidemic. We appreciate your patience.

    Video
Print 
		Agenda
  • November 8
    2021
    Hearing on California's Recall System (Part 3)
    10 a.m.
    Public Hearing
    Agenda

    Hearing on California's Recall System (Part 3)
    10 a.m. 
    Monday, November 8, 2021

    1. Potential Reform of the State Recall System
              a. Dr. Shirley Weber, California Secretary of State
              b. Bill Jones, Former California Secretary of State, 1995-2003
              c. Ben Allen, California State Senator (SD 26)
              d. Public Comment

    Share your thoughts on California's recall system here: https://bit.ly/CArecallsystem

    Public Notice

    FOR IMMEDIATE RELEASE
    October 29, 2021
     

    For Additional Information Contact:
    Ethan Rarick, Executive Director
    (510) 205-8042

    Notice of Events

    The Little Hoover Commission will conduct a public hearing beginning at 10 a.m. on Monday, November 8 on California's recall system and a webinar on Tuesday, November 9 at 12 p.m. on COVID-19 and children's mental health. The events will be conducted via Zoom. 

    Members of the public are encouraged to listen to the events by joining online or by phone. The Zoom information and phone number for accessing the events are included below with each event's agenda and also on our website. We highly recommend members of the public access the events through the Zoom app. Please visit the Zoom website for instructions on how to download the Zoom app onto a computer or smartphone. The events will also be livestreamed on the Commission's Facebook page.

    During the events, members of the public may indicate to staff that they wish to make public comment by using the “raise” hand feature in Zoom or sending an email to littlehoover@lhc.ca.gov with your question and the phone number from which you have joined the event. Public comments will be heard at the end of the events and will be limited to three minutes per speaker and to a total of 30 minutes.

    Witnesses may be taken out of order to accommodate speakers and to maintain a quorum. The events may be canceled without notice.

    If you need reasonable accommodation due to a disability, please contact the Little Hoover Commission at (916) 445-2125 or littlehoover@lhc.ca.gov by Monday, November 1 for the November 8 public hearing and by Tuesday, November 2 for the November 9 webinar. 


    Please be aware that there may be delays in responding to emails or other communications to the Commission as our staff is now working remotely due to the coronavirus epidemic. We appreciate your patience.

    Video

  • October 14
    2021
    California's Recall System
    10 a.m.
    Public Hearing
    Agenda

    Public Hearing on California's Recall System
    10:00 a.m.
    Thursday, October 14, 2021

     

    1. Potential Reform of the State Recall System
    • Historical and Comparative Background
      • David A. Carrillo, Executive Director, California Constitution Center, University of California, Berkeley
    • Public Opinion about the Recall and Potential Reforms
      • Mark Baldassare, President and Chief Executive Officer, Public Policy Institute of California (Written Testimony)
      • Mark DiCamillo, Director, Berkeley IGS Poll, University of California, Berkeley (Witness Presentation)
      • Thad Kousser, Professor of Political Science and Co-Director, Yankelovich Center for Social Science Research, University of California, San Diego (Witness Presentation & Written Testimony)
    • Public Comments (3 minutes per speaker, limited to 30 minutes total)
    Public Notice

    FOR IMMEDIATE RELEASE
    October 4, 2021
     

    For Additional Information Contact:
    Ethan Rarick, Executive Director
    (916) 445-0943

    Notice of Hearing

    On Thursday, October 14, 2021 the Little Hoover Commission will conduct a public hearing on California's recall system via Zoom.

    Members of the public are encouraged to listen to the hearing by joining online or by phone. Click the URL to join online: https://bit.ly/3AaPGdI. To join via phone, call toll free from the U.S. by dialing (888) 788-0099. The webinar ID is 955-9424-5574. The password is 698923. We highly recommend members of the public access the hearing through the Zoom app. Please visit the Zoom website for instructions on how to download the Zoom app onto a computer or smartphone. The hearing will also be livestreamed on the Commission's Facebook page.

    During the hearing, members of the public may indicate to staff that they wish to make public comment by using the “raise” hand feature in Zoom or sending an email to littlehoover@lhc.ca.gov with your question and the phone number from which you have joined the hearing. Public comments will be heard at the end of the hearing and will be limited to three minutes per speaker and to a total of 30 minutes.

    Witnesses may be taken out of order to accommodate speakers and to maintain a quorum. The hearings may be cancelled without notice.

    If you need reasonable accommodation due to a disability, please contact the Little Hoover Commission at (916) 445-0943 or littlehoover@lhc.ca.gov by Thursday, October 7, 2021.

    Please be aware that there may be delays in responding to emails or other communications to the Commission as our staff is now working remotely due to the coronavirus epidemic. We appreciate your patience.

    Video
  • October 28
    2021
    California's Recall System (Part 2)
    10 a.m.
    Public Hearing
    Agenda

    AGENDA:
    Public Hearing on California's Recall System (Part 2)
    10:00 a.m.
    Thursday, October 28, 2021

    1. Potential Reform of the State Recall System

    • Cathy Darling Allen, Shasta County Clerk and Registrar of Voters and Board Chair, California Voter Foundation (Written Testimony)
    • Karthick Ramakrishnan, Professor of Public Policy, University of California, Riverside; Executive Director, California 100; and Founder, Center for Social Innovation, UC-Riverside (Witness Presentation)
    • Jessica A. Levinson, Professor, Loyola Law School and Director, Loyola Law School’s Public Service Institute
    • Public Comments (3 minutes per speaker, limited to 30 minutes total)
    Public Notice

    FOR IMMEDIATE RELEASE
    October 18, 2021

     

    For Additional Information Contact:
    Ethan Rarick, Executive Director
    (510) 205-8042

    Notice of Meeting

    On Thursday, October 28, 2021 the Little Hoover Commission will conduct a public hearing on California's recall system via Zoom.

    Members of the public are encouraged to listen to the hearing by joining online or by phone. Click the URL to join online: https://bit.ly/3G14r79. To join via phone, call toll free from the U.S. by dialing (888) 788-0099. The webinar ID is 979-7797-7060. The password is 575258. We highly recommend members of the public access the hearing through the Zoom app. Please visit the Zoom website for instructions on how to download the Zoom app onto a computer or smartphone. The hearing will also be livestreamed on the Commission's Facebook page.

    During the hearing, members of the public may indicate to staff that they wish to make public comment by using the “raise” hand feature in Zoom or sending an email to littlehoover@lhc.ca.gov with your question and the phone number from which you have joined the hearing. Public comments will be heard at the end of the hearing and will be limited to three minutes per speaker and to a total of 30 minutes.

    Witnesses may be taken out of order to accommodate speakers and to maintain a quorum. The hearings may be cancelled without notice.

    If you need reasonable accommodation due to a disability, please contact the Little Hoover Commission at (916) 445-2125 or littlehoover@lhc.ca.gov by Thursday, October 21, 2021.


    Please be aware that there may be delays in responding to emails or other communications to the Commission as our staff is now working remotely due to the coronavirus epidemic. We appreciate your patience.

    Video