Election code requirements not met in recall effort, organizers planning on refiling
The effort to recall Windsor Mayor Dominic Foppoli took at hit Tuesday, when it was announced that the documents for the recall did not meet all the necessary requirements, effectively ending this recall attempt.
According to a statement from the town, on Monday, April 26, the town of Windsor received a Notice of Intention for the proposed recall of at-large Mayor Dominic Foppoli. Upon receipt, the town clerk’s office immediately began the review of the Notice of Intention and requested the Sonoma County Registrar of Voters to review the signatures required and verify that they are valid.
Upon examination of the documents, it was determined that they did not include the items required under the provisions of Elections Code section 11023, and did not address the Notice to the Officer sought to be recalled, using his name and title. Therefore, the petition did not comply with the requirements of Elections Code section 11020.
Elections Code section 11020 sets the parameters of how the initial documents for a recall must be created and presents. It requires that it “shall contain all of the following: a) the name and title of the officer sought to be recalled; b) a statement, not to exceed 200 words in length, of the reasons for the proposed recall; c) the printed name, signature and residence address, including street and number, city and ZIP code of each of the proponents of the recall …; and d) the provisions of section 11023.”
Section 11023 outlines that the officer being recalled must be notified and receive a copy of the complaint and have an opportunity to respond to it. In other words, the petitioners did not correctly identify or notice Foppoli. As such, the proposed recall effort “cannot advance as submitted,” according to the town.
“We recognize that this will be disappointing news to the sponsors of the recall effort, but the requirements of the Elections Code are very specific and have to be met in order for the Notice to be accepted,” said Maria De La O, town clerk for the town of Windsor in a statement.
This doesn’t eliminate the possibility of a recall effort, however it does mean that should the committee wish to continue the recall efforts against Foppoli, they are required to begin the process all over again, as though this recall had never happened.
The United Residents to Recall Foppoli, the group behind the recall effort, released a statement confirming their intent to refile, and identifying the error as them needing to use the term “At-large Mayor” of Windsor versus the term “Mayor of Windsor,” and also not being able to get the notice to Foppoli.
“It’s important to do this right, and since the At-large Mayor of Windsor will be the first elected official from the Town of Windsor recalled, we will make sure we take all the necessary and proper steps — in the right order and in the right time- to see this through,” said Tim Zahner, co-chair of the Recall Foppoli campaign in a statement.
“Since Foppoli has not been seen in Windsor since the allegations of rape and sexual assault were made public, the Notice of Intent to Recall will be sent via certified mail to the voting address of the at-large mayor, who remains at large,” reads the statement.
The California’s Secretary of State’s publication provides the procedures for recalling state and local officials at the following website: https://www.sos.ca.gov/elections/recalls
