Proposition 5: Statewide Recall Process Changes

The RCJ votes Yes, though mostly just because the Democrat Party supports the Proposition and the Republican Party is against it. It is an argument over whether voters should choose to recall a candidate and, on the same ballot, vote for a replacement, or whether that represents two processes and should be spread over two ballots. This sounds like “inside baseball” type of politics and the ramifications seem unclear. It seems like a straight party issue, and both parties have their own interests in mind.


Proposition 5 would change how California recalls state officials. Under current law, a recall election asks voters two questions at once: whether to remove the official and, if so, who should replace them. Proposition 5 would eliminate the second question and use a subsequent special election or appointment to fill the vacancy.

The Pro Argument

Supporters argue that the recall should primarily be about whether voters want to remove an official, rather than simultaneously choosing a replacement. They point to California’s 2021 gubernatorial recall, in which the leading replacement candidate received only about 28% of the vote, as an example of how someone could take office without broad electoral support.

Supporters also say the change could make recall elections less politically complicated and prevent a replacement candidate from winning with a relatively small share of the vote.

The Con Argument

Opponents argue that Proposition 5 would take away voters’ immediate opportunity to choose a replacement for an official they have just recalled. For some statewide offices, the replacement would instead be appointed by the governor; for legislative offices, a separate special election would generally be required.

Critics also argue that a recalled office could remain vacant—or be temporarily filled by someone who was not elected to the position—while voters wait for a subsequent election. They contend that this reduces direct voter control over who governs.

An Important Detail

The treatment of the governor would be different. If a governor were recalled, the lieutenant governor would become governor. If the recall occurred during the first two years of the term and before the nomination period for the next statewide election closed, voters would eventually choose a successor through a special election; otherwise, the lieutenant governor would serve the remainder of the term.

The Legislative Analyst says the fiscal effect is uncertain: eliminating the replacement question could save money, while subsequent special elections could cost millions of dollars.

In brief: Proposition 5 asks whether a recall election should be principally a vote to remove an official, with the replacement chosen later, or whether voters should continue to remove and replace an official in the same election.


Who Supports and Opposes Proposition 5?

Supporters

The principal supporters include:

  • California Common Cause
  • League of Women Voters of California
  • California Democratic Party
  • Indivisible CA: StateStrong
  • Secretary of State Shirley Weber
  • Lt. Gov. Eleni Kounalakis

Former state Sen. Josh Newman, who was himself recalled in 2018, authored the measure. Supporters argue that a recall should principally answer the question of whether an official should remain in office. They contend that the current system can encourage candidates to enter recall elections primarily as vehicles for replacing an incumbent and can allow someone to win the replacement contest with a relatively small share of the vote.

The official voter guide’s argument for Prop. 5 says the measure would reduce the political incentives surrounding recalls and avoid situations in which a replacement wins with only a small fraction of the vote.

Opponents

The principal opponents include:

  • California Republican Party
  • Election Integrity Project California, Inc.
  • Reform California
  • Brian Jones, Republican Senate Minority Leader
  • Most Republican legislators

Opponents argue that California voters should be able to decide both whether an official should be recalled and who replaces that official in the same election. They contend that Prop. 5 would remove an important element of voters’ direct control and, in some cases, temporarily leave an office in the hands of an appointed official.

They also object to the possibility of additional special elections. The Legislative Analyst says a recalled state legislator would typically be replaced through a separate special election, which could cost millions of dollars if it could not be combined with a regularly scheduled election.

The basic divide

Supporters see Prop. 5 as an effort to make recalls primarily about removing an official, with the replacement decided separately.

Opponents see it as a reduction in voters’ immediate power to choose a replacement, with some replacements temporarily determined through appointment or through a later election.

One significant political fact is that Prop. 5 was placed on the ballot by the Democratic-controlled Legislature, while Republican legislators overwhelmingly opposed it. The measure grew out of concerns about the structure of the 2021 recall attempt against Gov. Gavin Newsom.

The official state voter guide itself lists “Supporters: None submitted” and “Opponents: None submitted” in its formal summary, even though outside organizations and political figures have subsequently taken explicit positions.

The most concise way to characterize the alignment is: Democratic and good-government organizations generally support Prop. 5; Republican organizations and groups emphasizing direct voter control generally oppose it.

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