Voters are being asked whether they want to change the rules for recalling California state leaders. Proposition 5 would limit recall ballots to just one yes-or-no question: Should an elected official be recalled from office? Currently, recall ballots also have a second section where voters are asked to choose a successor if the recall passes. Prop 5 would eliminate that second section. If the recall passes, a new leader is chosen later in a separate process. Former State Senator Josh Newman wrote Prop 5, arguing that while the recall tool was originally intended to allow voters to remove unfit or corrupt officials, it’s become a political weapon to try to seize power. “The presence of that second question in today’s politics creates a set of incentives that makes it more likely that we’ll have recalls that have nothing to do with integrity, and more to do with politics,” he explained. Newman knows a lot about recalls. While representing an Orange County district, the Democratic State Senator angered some constituents after voting to raise the state’s gas tax. He was recalled in a 2018 election by a 58% vote. But he points out that he still had 42% of voters supporting him, and he was replaced in the same election by Republican Ling Ling Chang, who only had 34% of the vote. “Not only is that not a majority, but the proof that that is not sustainable, is that I then got re-elected in 2020 with a clear majority,” said Newman. Constitutional law experts, including the Dean of the University of California, Berkeley School of Law, Erwin Chemerinsky, have argued California’s recall process violates the principle of “one person, one vote”, where every voter has equal influence. They say the current recall process is flawed because the first section, the yes-or-no question that decides the recall, is a majority vote. However, in the second section, if the recall passes the candidate with the most votes wins. They don’t need a majority. The target of a recall can receive more votes than any other candidate on the ballot, but still be removed from office. “It’s the smash and grab equivalent in politics,” said Newman. “You create enough chaos, and there’s an issue and you evict an elected official. Now, if they’re corrupt, that’s one thing. But to replace them with somebody who lacks majority support runs counter to what most people expect out of elections.” Critics of Prop 5 say it’s not the solution. “It’s very punitive. And it’s just simply the state saying, we don’t want you to self-govern, forget it,” explained Ruth Weiss, Director of Legislative Oversight for Election Integrity Project California. In particular, she questions the way recalled officials would be replaced. Under Prop 5, recalls are treated as a standard vacancy with succession rules spelled out in the State Constitution. If a Governor is ousted, depending on the timing, either the lieutenant governor takes over for the remainder of the term or there’s a special election. For the other statewide offices, the governor appoints a successor until the next regularly scheduled election. Recalled members of the state legislature are replaced in special elections. “Stepping into the position would be someone that people did not choose, when it is so easy and not any more expensive at all to allow the people to choose the replacement of the person they’re recalling on the same exact ballot,” said Weiss. “There’s no legitimate reason not to keep the recall the way it has been.” Prop 5 prevents a recalled official from being appointed to the same job, but they could run in the next election where it would take a majority vote to get their job back. Critics also question what Prop 5 would cost, and there’s no direct answer. Specials elections can be expensive. The 2021 recall election targeting Governor Gavin Newsom cost taxpayers $276 million. However, some special elections can be consolidated with a regularly- scheduled election, which is much cheaper. Proponents of Prop 5 say if it results in fewer recalls, it would save money. Voters will decide Prop 5 in California’s General Election on November 3, 2026.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel.
Voters are being asked whether they want to change the rules for recalling California state leaders.
Proposition 5 would limit recall ballots to just one yes-or-no question: Should an elected official be recalled from office?
Currently, recall ballots also have a second section where voters are asked to choose a successor if the recall passes. Prop 5 would eliminate that second section. If the recall passes, a new leader is chosen later in a separate process.
Former State Senator Josh Newman wrote Prop 5, arguing that while the recall tool was originally intended to allow voters to remove unfit or corrupt officials, it’s become a political weapon to try to seize power.
“The presence of that second question in today’s politics creates a set of incentives that makes it more likely that we’ll have recalls that have nothing to do with integrity, and more to do with politics,” he explained.
Newman knows a lot about recalls. While representing an Orange County district, the Democratic State Senator angered some constituents after voting to raise the state’s gas tax. He was recalled in a 2018 election by a 58% vote. But he points out that he still had 42% of voters supporting him, and he was replaced in the same election by Republican Ling Ling Chang, who only had 34% of the vote.
“Not only is that not a majority, but the proof that that is not sustainable, is that I then got re-elected in 2020 with a clear majority,” said Newman.
Constitutional law experts, including the Dean of the University of California, Berkeley School of Law, Erwin Chemerinsky, have argued California’s recall process violates the principle of “one person, one vote”, where every voter has equal influence. They say the current recall process is flawed because the first section, the yes-or-no question that decides the recall, is a majority vote. However, in the second section, if the recall passes the candidate with the most votes wins. They don’t need a majority. The target of a recall can receive more votes than any other candidate on the ballot, but still be removed from office.
“It’s the smash and grab equivalent in politics,” said Newman. “You create enough chaos, and there’s an issue and you evict an elected official. Now, if they’re corrupt, that’s one thing. But to replace them with somebody who lacks majority support runs counter to what most people expect out of elections.”
Critics of Prop 5 say it’s not the solution.
“It’s very punitive. And it’s just simply the state saying, we don’t want you to self-govern, forget it,” explained Ruth Weiss, Director of Legislative Oversight for Election Integrity Project California. In particular, she questions the way recalled officials would be replaced.
Under Prop 5, recalls are treated as a standard vacancy with succession rules spelled out in the State Constitution. If a Governor is ousted, depending on the timing, either the lieutenant governor takes over for the remainder of the term or there’s a special election. For the other statewide offices, the governor appoints a successor until the next regularly scheduled election. Recalled members of the state legislature are replaced in special elections.
“Stepping into the position would be someone that people did not choose, when it is so easy and not any more expensive at all to allow the people to choose the replacement of the person they’re recalling on the same exact ballot,” said Weiss. “There’s no legitimate reason not to keep the recall the way it has been.”
Prop 5 prevents a recalled official from being appointed to the same job, but they could run in the next election where it would take a majority vote to get their job back.
Critics also question what Prop 5 would cost, and there’s no direct answer. Specials elections can be expensive. The 2021 recall election targeting Governor Gavin Newsom cost taxpayers $276 million. However, some special elections can be consolidated with a regularly- scheduled election, which is much cheaper. Proponents of Prop 5 say if it results in fewer recalls, it would save money.
Voters will decide Prop 5 in California’s General Election on November 3, 2026.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel.