In our ongoing series examining the propositions facing California voters on the November 2026 ballot (links to earlier posts are at the bottom of this post), we now reach Proposition 5. Said proposition would, if passed, severely modify the existing law under which recall elections are run. And not in a good way.
For decades, California recall elections have been straightforward. The aggrieved populace would attempt to gather sufficient signatures from registered voters to qualify for an election. Should this take place, the election would be held. The ballot would contain two questions. One, do you want to recall whoever is in whichever office? Two, if so, who do you want to replace them with? The ballot would list all the people who have chosen to run for the office in question should the voters choose to vacate same.
In recent history, two major recall elections have taken place in the Golden State. In 2003, following his botched handling of an energy crisis of dubious legitimacy that caused massive power outages across California, Democrat Gov. Gray Davis was ousted, replaced by Arnold Schwarzenegger. In 2021, an effort to recall Gavin Newsom, alas, fell short. The latter was extensively covered here at RedState, prime examples being these posts by Becca Lower and Jennifer Van Laar respectively.
Since the concept of allowing voters a do-over is anathema to those who fear the petition-waving mob might be headed their way, the State Legislature has placed Proposition 5 on the ballot. It would modify the law in two ways. One, should the people decide to do unto the current Governor as Jabba the Hutt attempted to do unto Luke Skywalker, the main difference being that in the current office holder’s case, instead of first a chain and finally a lightsaber, he would be wielding a Brylcreem blowtorch, the office would be filled by the sitting Lieutenant Governor. For any other office, the position would remain vacant until either the next election or until it was filled as required by existing law, such as would be the case should the present office holder resign from the position or, to be blunt about it, life itself. A vacated seat in the Legislature is normally filled via special election called by the governor within 14 days of the office being vacated. With one exclusion:
There is one exception to this rule. When a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election is held and the office remains vacant until the regularly scheduled election.
Other elected offices are filled through the Governor's nomination and the Legislature's approval.
Proposition 5 would change part of this. If passed, should a future Governor be recalled, the Lieutenant Governor would assume the office. The duration of this would depend on where the recalled Governor’s term of office stood. From the voters’ manual:
If the Governor is recalled before the close of the nomination period for the next statewide election during the first two years of the term (EDITORS NOTE: This is not a fixed date, but usually falls around 90 days prior to the election in question), Proposition 5 says that the Lieutenant Governor serves as Governor until voters elect a new Governor at a future statewide election. If the Governor is recalled later in the term, the Lieutenant Governor serves as Governor for the rest of the term.
The other change Proposition 5 incorporates is that if a recall is successful and a subsequent special election is held to fill the office in question, the recalled official would have the option to run for the office from which they had just been evicted. Which would seem to counteract the entire purpose of a recall, but this is California we are talking about.
Imagine, if you will, the following scenario. A governor of California is in deep trouble. They have made a string of unpopular decisions. Things have gotten so bad that they are directly impacting the majority of Californians, as was the case in 2003, when the power kept getting switched off. Even the national and local lapdog media have given up on the current office holder. The natives are restless. You can’t set one foot outside the door without running into a petition-signature collector advocating for the governor’s removal. What is the governor to do?
Simple. Call whichever media mavens remain in your back pocket and, uh, “suggest” they start running stories about how the current lieutenant governor makes you look like Lincoln and Reagan rolled into one. Or, find someone who really does make you look like Lincoln and Reagan rolled into one, convince the current Lieutenant Governor to resign for (ahem) “personal” reasons, and nominate the total loser to take their place, knowing the Legislature will invariably do your bidding and let the voters be taken for granted because they will always re-elect their officeholder, as it is always all the other legislators who are stinking up the joint. In either example, do what is legally your right to do to let people know it comes down to “better the devil you know.”
California’s Proposition 5 solves a problem that does not exist. Unless you are a horrible governor, in which case removing the public’s ability to select your successor immediately is a problem. Which, for the rest of us, it is not.
Earlier:
- Proposition 1 — California State Proposition Pledges to Help Veterans Obtain Affordable Housing, Sort Of
- Proposition 2 — A Rainy Day Fund Increase, or Making a Shell Game the State's Umbrella?
- Proposition 3 — In Shocking (or Not) Development, California Asks Voters to Make Temporary Tax Increase Permanent
- Proposition 4 — California Is Asking Voters to Approve Public Financing of Political Campaigns. What Could Go Wrong?