(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.

Terms Used In California Elections Code 11042.5

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Elections official: means any of the following:

    California Elections Code 320

  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Voter: means any elector who is registered under this code. See California Elections Code 359
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.

(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.

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

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