California Elections Code

§ 11042.5

ELEC § 11042.5 Effective Jan 1, 2023Div. 11 · Ch. 1 · Art. 3

Statute text

(a)For a petition for the recall of a local officer, the county elections official shall make a copy of the petition available for public examination in the elections official’s office for 10 days, which shall run concurrently with the 10-day review period for the elections official to determine whether the form and wording of the petition are sufficient pursuant to Section 11042.

(b)(1) During the public examination period described in subdivision (a), a voter of the applicable electoral jurisdiction or the elections official may seek a writ of mandate or an injunction requiring any or all of the statement of the proponents or the answer of the officer included with the petition to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-day public examination period.

(2)A peremptory writ of mandate or an injunction shall issue only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this chapter.

Legislative history

Added by Stats. 2022, Ch. 791, Sec. 5. (AB 2584) Effective January 1, 2023.