13 May 2012

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California Constitution citizens power of RECALL Senators, members of the Assembly, judges of courts of appeal and trial courts



California Constitution citizens power of  RECALL   Senators, members of the Assembly, judges of courts of appeal and trial courts

Why to write this post?



In India many educated Indians who are fools or corrupt oppose the right to recall and Right to Reject.

USA is the top ranked democratic nation not like India where mobocracy rules.
My stick my rule.

Read this and you will understand it is possible to bring Right to reject and Right to Recall

Not Possible means the person is fool or he is corrupt or he is too intelligent to understand pain of common people.


CALIFORNIA CONSTITUTION
ARTICLE 2 

VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SECTION 1.  All political power is inherent in the people.
Government is instituted for their protection, security, and benefit,
and they have the right to alter or reform it when the public good
may require.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 2.  A United States citizen 18 years of age and resident in
this State may vote.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 2.5.  A voter who casts a vote in an election in accordance
with the laws of this State shall have that vote counted.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 3.  The Legislature shall define residence and provide for
registration and free elections.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 4.  The Legislature shall prohibit improper practices that
affect elections and shall provide for the disqualification of
electors while mentally incompetent or imprisoned or on parole for
the conviction of a felony.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 5. 
(a) A voter-nomination primary election shall be conducted
to select the candidates for congressional and state elective offices
in California. All voters may vote at a voter-nominated primary
election for any candidate for congressional and state elective
office without regard to the political party preference disclosed by
the candidate or the voter, provided that the voter is otherwise
qualified to vote for candidates for the office in question.

The candidates who are the top two vote-getters at a voter-nominated
primary election for a congressional or state elective office shall,
regardless of party preference, compete in the ensuing general
election.

   (b) Except as otherwise provided by Section 6, a candidate for a
congressional or state elective office may have his or her political
party preference, or lack of political party preference, indicated
upon the ballot for the office in the manner provided by statute.
A political party or party central committee shall not nominate a
candidate for any congressional or state elective office at the
voter-nominated primary. This subdivision shall not be interpreted to
prohibit a political party or party central committee from
endorsing, supporting, or opposing any candidate for a congressional
or state elective office.
 A political party or party central committee shall not have the right to have its preferred candidate participate in the general election for a voter-nominated office other than a candidate who is one of the two highest vote-getters at the primary election, as provided in subdivision (a).
   (c) The Legislature shall provide for partisan elections for
presidential candidates, and political party and party central
committees, including an open presidential primary whereby the
candidates on the ballot are those found by the Secretary of State to
be recognized candidates throughout the nation or throughout
California for the office of President of the United States, and
those whose names are placed on the ballot by petition, but excluding
any candidate who has withdrawn by filing an affidavit of
noncandidacy.
   (d) A political party that participated in a primary election for
a partisan office pursuant to subdivision (c) has the right to
participate in the general election for that office and shall not be
denied the ability to place on the general election ballot the
candidate who received, at the primary election, the highest vote
among that party's candidates.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 6. 
(a) All judicial, school, county, and city offices,
including the Superintendent of Public Instruction, shall be
nonpartisan.

   (b) A political party or party central committee shall not
nominate a candidate for nonpartisan office, and the candidate's
party preference shall not be included on the ballot for the
nonpartisan office.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 7.  Voting shall be secret.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 8. 
(a) The initiative is the power of the electors to propose
statutes and amendments to the Constitution and to adopt or reject
them.

   (b) An initiative measure may be proposed by presenting to the
Secretary of State a petition that sets forth the text of the
proposed statute or amendment to the Constitution and is certified to
have been signed by electors equal in number to 5 percent in the
case of a statute, and 8 percent in the case of an amendment to the
Constitution, of the votes for all candidates for Governor at the
last gubernatorial election.

   (c) The Secretary of State shall then submit the measure at the
next general election held at least 131 days after it qualifies or at
any special statewide election held prior to that general election.
The Governor may call a special statewide election for the measure.

   (d) An initiative measure embracing more than one subject may not
be submitted to the electors or have any effect.

   (e) An initiative measure may not include or exclude any political
subdivision of the State from the application or effect of its
provisions based upon approval or disapproval of the initiative
measure, or based upon the casting of a specified percentage of votes
in favor of the measure, by the electors of that political
subdivision.

   (f) An initiative measure may not contain alternative or
cumulative provisions wherein one or more of those provisions would
become law depending upon the casting of a specified percentage of
votes for or against the measure.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 9.  (a) The referendum is the power of the electors to approve
or reject statutes or parts of statutes except urgency statutes,
statutes calling elections, and statutes providing for tax levies or
appropriations for usual current expenses of the State.

   (b) A referendum measure may be proposed by presenting to the
Secretary of State, within 90 days after the enactment date of the
statute, a petition certified to have been signed by electors equal
in number to 5 percent of the votes for all candidates for Governor
at the last gubernatorial election, asking that the statute or part
of it be submitted to the electors. In the case of a statute enacted
by a bill passed by the Legislature on or before the date the
Legislature adjourns for a joint recess to reconvene in the second
calendar year of the biennium of the legislative session, and in the
possession of the Governor after that date, the petition may not be
presented on or after January 1 next following the enactment date
unless a copy of the petition is submitted to the Attorney General
pursuant to subdivision (d) of Section 10 of Article II before
January 1.

   (c) The Secretary of State shall then submit the measure at the
next general election held at least 31 days after it qualifies or at
a special statewide election held prior to that general election. The
Governor may call a special statewide election for the measure.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 10.  (a) An initiative statute or referendum approved by a
majority of votes thereon takes effect the day after the election
unless the measure provides otherwise. If a referendum petition is
filed against a part of a statute the remainder shall not be delayed
from going into effect.

   (b) If provisions of 2 or more measures approved at the same
election conflict, those of the measure receiving the highest
affirmative vote shall prevail.

   (c) The Legislature may amend or repeal referendum statutes. It
may amend or repeal an initiative statute by another statute that
becomes effective only when approved by the electors unless the
initiative statute permits amendment or repeal without their
approval.

   (d) Prior to circulation of an initiative or referendum petition
for signatures, a copy shall be submitted to the Attorney General who
shall prepare a title and summary of the measure as provided by law.

   (e) The Legislature shall provide the manner in which petitions
shall be circulated, presented, and certified, and measures submitted
to the electors.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 11.  (a) Initiative and referendum powers may be exercised by
the electors of each city or county under procedures that the
Legislature shall provide. Except as provided in subdivisions (b) and
(c), this section does not affect a city having a charter.

   (b) A city or county initiative measure may not include or exclude
any part of the city or county from the application or effect of its
provisions based upon approval or disapproval of the initiative
measure, or based upon the casting of a specified percentage of votes
in favor of the measure, by the electors of the city or county or
any part thereof.

   (c) A city or county initiative measure may not contain
alternative or cumulative provisions wherein one or more of those
provisions would become law depending upon the casting of a specified
percentage of votes for or against the measure.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 12.  No amendment to the Constitution, and no statute proposed
to the electors by the Legislature or by initiative, that names any
individual to hold any office, or names or identifies any private
corporation to perform any function or to have any power or duty, may
be submitted to the electors or have any effect.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 13.  Recall is the power of the electors to remove an elective
officer.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 14.  (a) Recall of a state officer is initiated by delivering
to the Secretary of State a petition alleging reason for recall.
Sufficiency of reason is not reviewable. Proponents have 160 days to
file signed petitions.

   (b) A petition to recall a statewide officer must be signed by
electors equal in number to 12 percent of the last vote for the
office, with signatures from each of 5 counties equal in number to 1
percent of the last vote for the office in the county. Signatures to
recall Senators, members of the Assembly, members of the Board of
Equalization, and judges of courts of appeal and trial courts must
equal in number 20 percent of the last vote for the office.

   (c) The Secretary of State shall maintain a continuous count of
the signatures certified to that office.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 15.  (a) An election to determine whether to recall an officer
and, if appropriate, to elect a successor shall be called by the
Governor and held not less than 60 days nor more than 80 days from
the date of certification of sufficient signatures.
   (b) A recall election may be conducted within 180 days from the
date of certification of sufficient signatures in order that the
election may be consolidated with the next regularly scheduled
election occurring wholly or partially within the same jurisdiction
in which the recall election is held, if the number of voters
eligible to vote at that next regularly scheduled election equal at
least 50 percent of all the voters eligible to vote at the recall
election.
   (c) If the majority vote on the question is to recall, the officer
is removed and, if there is a candidate, the candidate who receives
a plurality is the successor. The officer may not be a candidate, nor
shall there be any candidacy for an office filled pursuant to
subdivision (d) of Section 16 of Article VI.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 16.  The Legislature shall provide for circulation, filing, and
certification of petitions, nomination of candidates, and the recall
election.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 17.  If recall of the Governor or Secretary of State is
initiated, the recall duties of that office shall be performed by the
Lieutenant Governor or Controller, respectively.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 18.  A state officer who is not recalled shall be reimbursed by
the State for the officer's recall election expenses legally and
personally incurred. Another recall may not be initiated against the
officer until six months after the election.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 19.  The Legislature shall provide for recall of local
officers. This section does not affect counties and cities whose
charters provide for recall.



CALIFORNIA CONSTITUTION
ARTICLE 2  VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 20.  Terms of elective offices provided for by this
Constitution, other than Members of the Legislature, commence on the
Monday after January 1 following election. The election shall be held
in the last even-numbered year before the term expires.

Suggested Reading –

26 Election Reforms Required for India to make India corruption free India

http://realityviews.blogspot.in/2011/09/26-election-reforms-required-for-india.html

Reality views by sm –

Sunday, May 13, 2012

Tags -  Reforms Right to Recall Reject 

10 comments:

Alucard0691 May 13, 2012  

I hope this will turn out good.

unikorna May 13, 2012  

Very informative and useful :).

Jim May 13, 2012  

Interesting! thanks for posting

wizardOZZ May 13, 2012  

very interesting, thanks for sharing!

R May 13, 2012  

Interesting news as always, thanks for sharing this!