California voters will decide on Proposition 5 this November, a measure that seeks to change the process for state recall elections. The proposition would remove the ballot question asking who should replace a state elected official if they are recalled. Instead, depending on the office and the timing of a recall, a replacement would be appointed or chosen in a special election.
Democratic lawmakers placed Proposition 5 on the ballot in 2024, garnering support from the secretary of state and good governance organizations Common Cause and the League of Women Voters. Republican lawmakers voted against the measure, arguing it would reduce voter power and create additional costs for follow-up special elections.
The proposed change stems from past recall experiences, including the 2021 attempted recall of Governor Gavin Newsom. A notable successful state recall this century was that of then-Governor Gray Davis in 2003. Political science professor Kim Nalder recalled that the presence of numerous replacement candidates on the ballot, including actor Gary Coleman and porn star Mary Carey, may have influenced voters. Nalder suggested that if the election had focused solely on whether Davis should retain his position, and not also on who would replace him, then Republican Arnold Schwarzenegger, who ultimately won among 135 candidates, might not have taken office. Under current rules, the replacement candidate with the most votes wins, not necessarily a majority.
Another instance prompting recall reform was the 2018 recall of then-freshman lawmaker Josh Newman. Newman, a Democrat, was recalled after casting a vote in 2017 to approve a gas tax. Conservative commentator and now-San Diego Assemblymember Carl DeMaio identified Newman as a target for recall due to his narrow election victory. DeMaio's organization, Reform California, subsequently led the effort to collect signatures for Newman’s recall, which focused on his vote on the tax. Newman was recalled by nearly 60% of voters and replaced by Republican Ling Ling Chang, which ended the Democrats' supermajority in the state Senate at the time.
Newman, who was re-elected in 2020, has since prioritized recall reform, stating that the recall against him was not for malfeasance but for casting a difficult vote. He noted that former progressive Governor Hiram Johnson, who proposed the recall law in 1911, intended the process as a "precautionary measure by which a recalcitrant official can be removed." Following the expensive recall attempt against Governor Newsom, other Democrats supported Newman's efforts, leading to Senate Constitutional Amendment 1, which became Proposition 5.
If Proposition 5 passes, the process for filling vacancies would vary. If a state senator or assemblymember were recalled, the governor would call a special election within approximately four months. The ousted official would be allowed to run in this special election. If the governor were recalled within the first two years of their term, the secretary of state would call a special election, and the former governor could run again. However, if a governor were recalled in the second half of their term, the lieutenant governor would complete the remainder of the term. For other statewide officials, such as the state treasurer, attorney general, or insurance commissioner, the governor would appoint a replacement to serve until the next scheduled election.
DeMaio argued that if Proposition 5 passes, the potential for a gap in representation could discourage voters from approving a recall, even if they desire change. He said voters might be told that a "yes" vote on a recall would leave their community without representation for months, potentially silencing it. DeMaio also raised concerns about increased costs to taxpayers due to additional special elections. He cited the 2021 attempted recall of Governor Newsom, which cost around $200 million, suggesting that two separate elections for a recall and replacement could double that expense.
Conversely, Nalder believes the change would likely result in fewer recalls overall, which she suggested could be a key motivation for Democratic support of the measure. Nalder noted that collecting signatures for a recall is "relatively easy" and often leads to "a lot of chaos and costs a lot of extra money." She added that Democrats, who tend to win more state races, might find it easier to support such a change.
Despite the arguments, Proposition 5 has not seen any money raised in support or opposition. A Public Policy Institute of California poll in early September indicated that the measure faces challenges, with 59% of likely voters planning to vote "no" and only 35% planning to vote "yes." Nalder, however, suggested that these poll results were gathered before voters had thoroughly researched their ballots and that positions might align more with party lines once more information becomes available. Newman also expressed concern that the proposition's title, "Changes Recall Election Process for Statewide Officers," might mislead voters, as the changes would also affect legislative races, not just statewide offices.