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HomeElections CodeDiv. 11Ch. 4Art. 4§ 11386 Recall Election Vacancy Rules

§ 11386 Recall Election Vacancy Rules

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 11386 Recall Election Vacancy Rules

If the person who wins a recall election for a state official doesn't finish the paperwork within 10 days after getting the official notice, the job is considered empty and will be filled later according to the rules.

Key Takeaways

  • •The winner of a recall election must complete the qualification steps within 10 days of receiving the election certificate.
  • •If they miss that deadline, the position is automatically considered vacant.
  • •The vacant position will then be filled using the usual methods set out by law.

Example

A state treasurer is recalled, and Jane Doe gets the most votes to replace them. Jane gets the official certificate on March 1 but never files the required forms by March 11.

Because Jane didn't qualify within the 10‑day window, the treasurer's office is treated as vacant, and the state will use its normal process (like an appointment or special election) to fill the spot.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 11386 Recall Election Vacancy Rules

If the candidate who received the highest number of votes in a recall election for a state officer fails to qualify within 10 days after receiving the certificate of election, the office to which the candidate was elected shall become vacant and shall be filled according to law. (Amended by Stats. 2022, Ch. 790, Sec. 7. (AB 2582) Effective January 1, 2023.)

Last verified: January 10, 2026

Key Terms

recall electionstate officercertificate of electionvacant

Related Statutes

  • § 11322.5 Recall Election Ballot Instructions
  • § 11381 Recall Candidate Nomination Rules
  • § 11382 Local Officer Recall Vacancy
  • § 11383 Recall Election Failure Outcome
  • § 11302 Recall Election After Vacancy

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 11386.
View Official Source