Prop. 5 would end the replacement question on recall ballots; vacancies would be filled by special election or appointment

When California recalls a state official today, voters answer two questions on one ballot: should the official be removed, and if so, who should replace them. Proposition 5 would drop the second question.

The constitutional amendment, placed on the Nov. 3 ballot by the Legislature, would make a recalled official's office vacant and fill it the way other vacancies are filled, according to the Legislative Analyst's Office.

How seats would be filled

Under the measure:

• A recalled state senator or Assembly member typically would be replaced through a separate special election.
• Other statewide officers, such as the attorney general or treasurer, would be replaced by someone the governor appoints.
• If a governor is recalled before the nomination period closes for the next statewide election in the first two years of the term, the lieutenant governor would serve until voters elect a new governor. Later in the term, the lieutenant governor would serve out the rest of it.

The analyst's office notes that 11 state recalls have qualified since 1913 and six removed an official, five legislators and one governor. The 2003 recall that replaced Gov. Gray Davis had 135 replacement candidates; the 2021 effort against Gov. Gavin Newsom had 46.

Cost

The fiscal effect is unknown, the office says. Dropping the second question could save millions of dollars on ballots and voter materials in some cases. A separate special election to fill a legislative seat could cost millions more if it cannot be paired with a regular election.

Supporters

The author, state Sen. Josh Newman, a Democrat, was himself recalled in 2018 after voting for a gas tax increase, then returned to the Senate in 2020. He told CalMatters he had done nothing beyond casting a tough vote and called that kind of recall political gamesmanship.

The secretary of state, Common Cause and the League of Women Voters supported putting it on the ballot, CalMatters reported.

Opponents

Republican lawmakers voted against it, saying it would weaken voters' power and add the cost of follow-up elections. Carl DeMaio, whose group Reform California led the Newman recall and who now represents a San Diego district in the Assembly, told CalMatters that the prospect of months without a representative could discourage voters from removing someone even when they want a change.

He also said extra special elections would mean higher costs for taxpayers. The 2021 Newsom recall cost about $200 million to administer, CalMatters reported.

In early September, the Public Policy Institute of California found 59% of likely voters leaning no and 35% leaning yes. CalMatters reported in early October that neither side had raised money for a campaign.

A yes vote removes the replacement question from recall ballots. A no vote keeps the current two-question system.

Sources

lao.ca.gov

calmatters.org

calmatters.org