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RECALL ELECTION: BASIC FACTS

• What is a recall election?
• What are the key dates for this election?
• What is on the ballot and what are my choices?
• How is the winner determined, if Davis is recalled?
• Who are the candidates for Governor?
• If the recall fails, are the votes counted for the replacement candidates?
• If the recall passes, when will the new Governor take office and for how long?
• I have already cast my absentee ballot -- for a candidate who later withdrew from the competition. Is my vote counted? Can I get my ballot back so I can change my vote?
• What happens if Governor Davis resigns before October 7?
• What campaign finance laws apply?
• How much could the election cost?
• How did the candidates get on the ballot to run for governor?
• How did the recall issue get on the ballot?
• What is the position of the League of Women Voters on the election?

• The voters have the power to remove an officeholder from office before his/her term expires.
• The power to effect a recall was added to the state constitution in 1911.

WHAT ARE THE KEY DATES FOR THIS ELECTION?

• Election Day is Tuesday, October 7, 2003.

• If unregistered, voters must send registration form to county elections official by September 22 to vote on Oct. 7.

• See election calendar for more dates.

WHAT IS ON THE BALLOT AND WHAT ARE MY CHOICES?

• Voters will be presented with two items related to the recall:
  1. Shall Gray Davis be recalled (removed) from the office of governor ?" Answer "Yes" or "No".
  2. From a list of 135 candidates, the voter can choose one to replace Governor Davis, should he be recalled from office.
• If a majority of the voters vote "yes" on the first question, then the recall is successful, and the replacement candidate who gets the most votes in the second ballot item is elected for the unexpired term of office.
• If a majority of voters vote "no" on the first question, Governor Davis remains in office.
• A voter may vote "yes" or "no" or make no mark on the first question and any single vote made in the second question will still be counted.

  On Tuesday, July 29, a federal judge in San Diego ruled that even if a voter does not vote for or against the recall Davis question, any legal vote cast for a candidate for governor will still be counted.

• Two propositions will also be on the ballot.

HOW IS THE WINNER DETERMINED, IF DAVIS IS RECALLED?

• There is no runoff even if no candidate receives a majority of the vote.
• The candidate with the largest number of votes wins. Hence the winner could be elected with a relatively low percentage of the vote.
• If the Governor loses the recall vote, he is removed from office, even if the number of "no" votes on the recall question exceeds the number of votes cast for the winning candidate in the replacement election.

WHO ARE THE CANDIDATES FOR GOVERNOR?

• The official list of certified candidates was announced by the Secretary of State on August 13. There are 135 candidates.

• The order of candidates on ballots is different for each Assembly District in California.

IF THE RECALL FAILS, ARE THE VOTES COUNTED FOR THE REPLACEMENT CANDIDATES?

• Yes. We will see who would have won even if Governor Davis continues in office.

I HAVE ALREADY CAST MY ABSENTEE BALLOT -- FOR A CANDIDATE WHO LATER WITHDREW FROM THE COMPETITION. IS MY VOTE COUNTED? CAN I GET MY BALLOT BACK SO I CAN CHANGE MY VOTE?

• Once you have mailed your absentee ballot, you cannot vote again.

• Your vote will be counted for the candidate you marked on the ballot. When a candidate announces withdrawal after the Elections Office has certified the candidate list, the name is still on the ballot. Theoretically, a withdrawn candidate could win.

IF THE RECALL PASSES, WHEN WILL THE NEW GOVERNOR TAKE OFFICE AND FOR HOW LONG?

• After the Secretary of State certifies the vote, Governor Davis will leave the office and the new Governor will be sworn in.

• Counties have 28 days after October 7 to certify their vote and another 7 days to report the totals to the Secretary of State.

• The Secretary of State has another four days to decide whether to accept the counties' reports and declare the election official. Therefore the last day for certification is November 15, 2003.

• The new Governor will serve out the term to which Governor Davis was elected. The next general election for Governor is November 2006.

WHAT HAPPENS IF GOVERNOR DAVIS RESIGNS BEFORE OCTOBER 7?

• Lt. Governor Cruz Bustamante would succeed him as governor.

• The recall election would continue.
  • If Davis were recalled, the candidate selected in the second half of the election would become governor.
  • If the recall fails, Bustamante would continue in office.

• If the position of the Lt. Governor is vacant, then the Governor would appoint someone to be the Lt. Governor subject to approval by a majority of both houses of the California legislature.

WHAT CAMPAIGN FINANCE LAWS APPLY?

• A recall election is a hybrid that combines features of a ballot measure and a candidate election.
• As a ballot measure, there are no limits under the state Political Reform Act. This means Proposition 34 contribution limits do not apply to supporters of the recall nor to Governor Davis, the target of the recall.
• As a candidate measure, however, Proposition 34 limits do apply for the candidates running to succeed Davis.
• Gubernatorial candidates who accept the voluntary spending limit of $10,624,000 are designated in the state ballot pamphlet as having done so and may purchase space for a statement of up to 250 words in the ballot pamphlet. Candidates who have not voluntarily agreed to the spending limits will not have statements in the state ballot pamphlet.

  A candidate accepting voluntary spending limits is not bound by the limits if another candidate uses personal funds in excess of the $10,624,000 limit.

• All candidates and campaign committees have reporting and disclosure obligations under the Political Reform Act.
• See the recall campaign committee reports at Campaign Finance Activity.

HOW MUCH COULD THE ELECTION COST?

• Total estimated cost is $53-66 million. (For details: Secretary of State)
  • Counties estimate $42-55 million
  • The state estimates an expense of $11 million to publish the statewide voters pamphlet to 15.3 million voters.

• If Governor Davis is not recalled, then his campaign expenses are eligible to be reimbursed by the state, also at a cost to taxpayers. Davis has said that he will not request reimbursement.

HOW DID THE CANDIDATES GET ON THE BALLOT TO RUN FOR GOVERNOR?

• Paid a filing fee of $3500.00
• Submitted 65 valid signatures of registered voters from the same political party as the candidate. Independent candidates got signatures from voters who are not affiliated with a party.
• Nomination documents were filed with the candidate's county elections office at least 59 days prior to the election: August 9, 2003.
• Candidates could have submitted signatures of registered voters in lieu of the filing fee. For Democrat, Republican and "Decline to State" candidates, 10,000 signatures are required. Candidates from the American Independent, Green, Libertarian, Natural Law, or Peace and Freedom parties could submit 150 signatures of members of their party to defray the filing fee.
• There were no party primaries to select candidates.
• For more information, see Summary of Qualifications and Requirements for the Office of Governor

• Recall proponents published an Intent to Recall in the Sacramento Bee and served notice on Governor Davis on February 5, 2003. The recall petition was certified for circulation on March 25. Proponents had 160 days to circulate petitions.
• Every 30 days, county elections officials were required to certify the number of qualified signatures received to that point.
• The signatures of a minimum of 897,158 registered California voters were required. (This figure is based on 12 percent of the approximately 7.5 million who voted in the November 2002 gubernatorial election.) 1,651,191 signatures were submitted.
• The Secretary of State certified the proper number of signatures on July 23, 2003. On July 24, the Lieutenant Governor called a special statewide election for October 7, 2003. (He was required to choose a date between 60 and 80 days after the certification of signatures.)

Alternatively, if a regularly scheduled statewide election took place within 180 days after the certification of signatures, the recall election could have been consolidated with it. The next statewide election is March 2, 2004 which is more than 180 days from the certification date.

WHAT IS THE POSITION OF THE LEAGUE OF WOMEN VOTERS ON THE ELECTION?

The League of Women Voters takes no position on the recall question or the candidates to replace Governor Davis. The League does not support or oppose candidates or political parties.

Last updated 10/3/03