CA Proposition 5: Constitutional Amendment Changing The State's Recall Process

SACRAMENTO, CA — California voters will decide in November whether to overhaul the state's recall election process, eliminating the practice of choosing a replacement candidate on the same ballot as a recall.

Proposition 5, a legislative constitutional amendment, would change what happens after voters remove a state official from office by recall. Instead of immediately choosing a successor during the recall election, the vacancy generally would be filled under the state's existing rules for vacant offices.

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How California recalls work

California's constitution currently requires recall elections for state officials to include two questions: whether the official should be removed and, if so, who should replace the official.

The replacement candidate who receives the most votes takes office if the recall succeeds.

That system gained national attention in 2003 when California voters recalled Democratic Gov. Gray Davis. Arnold Schwarzenegger won the replacement contest and became governor. In that election, 135 candidates appeared on the replacement portion of the ballot.

The 2021 recall of Democratic Gov. Gavin Newsom included 46 candidates seeking to replace him. Newsom survived the recall with nearly 62% of the vote.

What Proposition 5 would change

Under Proposition 5, voters in a recall would decide only whether to remove the official. If the recall succeeds, the office would become vacant and be filled according to the rules that normally apply to that office.

For a state senator or assemblymember, that generally would mean a separate special election. For certain executive and judicial offices, the governor could appoint a replacement.

The measure would also repeal the current constitutional prohibition against a recalled official running again in a subsequent special election. However, a recalled official could not be appointed to fill the vacancy.

Special rules for the governor

Proposition 5 creates a different process for a recalled governor.

The lieutenant governor would become governor after a successful recall. If the recall occurred during the first two years of the governor's term and before the nomination period closed for the next statewide election, voters eventually would elect a governor to serve the remainder of the term. If the recall happened later in the term, the lieutenant governor would serve out the remainder.

The measure also establishes procedures for carrying out the governor's recall duties if the governor is the subject of a recall.

Supporters and opponents

Supporters say the current system can produce unusual outcomes because voters are simultaneously deciding whether to remove an official and selecting among potentially dozens of replacement candidates. They argue that separating the recall question from the replacement election would make the process more straightforward and give voters a clearer choice about whether an official should remain in office.

Opponents argue that removing the successor question could reduce voters' direct control over who takes office after a successful recall.

The potential cost

The financial effect of Proposition 5 is uncertain because it would depend on how often recalls occur and which offices are targeted.

The Legislative Analyst's Office says the measure could save money by eliminating the replacement question from recall ballots. At the same time, it could increase costs if a successful recall requires a separate special election.

A standalone special election for a legislative seat could cost state and local governments millions of dollars. Overall, the Legislative Analyst's Office estimates the measure could produce either savings or costs in the millions, depending on future recalls.

Those effects would be small compared with California's overall state budget, amounting to less than 0.1% of the General Fund, according to the Legislative Analyst's Office.