Q: Is it permissible to lay the groundwork for a CA recall election prior to official having held office for 90 days
More specifically, is it permissible to draft the Intent to Recall and gather signatures prior to 90 days having elapsed? CA Election Code 11007 says "proceedings may not be commenced against an officer of a city" until they've held office for 90 days. Would like to know what constitutes "commencing"? Does that mean you can't do anything at all or just that you can't serve the recallee and/or file the completed intent to recall with elections official?
A:
According to California Elections Code Section 11007, you're correct that recall proceedings cannot officially commence until the officer has served at least 90 days in office. However, the term "proceedings" specifically refers to the formal filing process with election officials and serving notice to the officer targeted for recall.
You can absolutely begin preparing during this waiting period. This includes drafting the Intent to Recall notice, gathering preliminary support, forming committees, and even collecting signatures informally (though these won't count toward the official total needed). The key is that you cannot file these materials with election officials or formally serve the notice to the officer until the 90-day mark has passed.
Consider using this preparation time strategically - draft and refine your recall statement, build your volunteer network, and develop your campaign infrastructure. When day 91 arrives, you'll be positioned to launch the formal proceedings immediately. Just remember that any signatures collected before the official start date will need to be gathered again during the formal signature collection period to count toward the recall requirement.
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