Upon examination of the proof(s) of publication of the Notice of Intention regarding the Recall efforts targeting Supervisors Chimenti, Moty and Rickert, the Recall proponents did not include the signatures of the proponents in the publication. Therefore, it did not comply with the requirements of Elections Code section 11022 before the statutory deadline(s) of April 22, 2021 for Supervisors Rickert and Chimenti and the statutory deadline of April 23, 2021 for Supervisor Moty.
Elections Code section 11022 requires that “a copy of the notice, except the provisions required by subdivision (d) of Section 11020, shall be published at the proponents’ expense pursuant to Section 6061 of the Government Code.” The requirements for the notice itself are found in Elections Code section 11020, and of particular relevance, subdivision (c), which states the notice of intention shall contain all of the following: “the printed name, signature, and residence address, including street number, city and ZIP code of each of the proponents of the recall.” The printed name and signature are two separately enumerated and necessary components of the notice.
In addition, as noted on page 15 of the California Secretary of State’s “Procedures for Recalling State and Local Officials” (Revised 2020):
“A copy of the notice of intention (including addresses and signatures) must be published at the proponents’ expense at least once in a newspaper of general circulation.” (emphasis added)
The California Secretary of State’s publication can be found at the following website: https://www.sos.ca.gov/elections/recalls.
As such, the current recall efforts against the Supervisors are terminated.
Should the proponents wish to continue recall efforts against one or more Supervisors, they will be required to begin the process anew, as if it had never begun.
Questions can be answered by email at email@example.com.
Cathy Darling Allen
County Clerk/Registrar of Voters