California Elections Code

§ 17400

ELEC § 17400 Effective Jan 1, 2023Div. 17 · Ch. 5

Statute text

(a)The elections official shall preserve in that person’s office all recall petitions filed for eight months after the results of the election for which the petition qualified or, if no election is held, eight months after the elections official’s final examination of the petition.

(b)Thereafter, the petition shall be destroyed as soon as practicable, unless it is in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, city, or district, including a school district, that the petition be preserved for use in a pending or ongoing investigation into election irregularities, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).

(c)Public access to the petition shall be restricted in accordance with Article 2 (commencing with Section 7924.100) of Chapter 2 of Part 5 of Division 10 of Title 1 of the Government Code.

Legislative history

Amended (as amended by Stats. 2021, Ch. 615, Sec. 101) by Stats. 2022, Ch. 166, Sec. 5. (AB 2967) Effective January 1, 2023.