text:
(a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election of the district or for the members of the county board of education.

(b) The final date for the submission of the resolution by the governing board of a school district or county board of education to the board of supervisors is not subject to waiver.

(c) The board of supervisors shall notify all school districts and the county board of education located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation.

(d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may obtain from the elections official a report on the cost-effectiveness of the proposed action.

(2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code.

(e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the school district or if applicable, the county board of education.

(f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate. As used in this subdivision, “12 months” means the period from the election day prescribed in Section 5000 of the Education Code or pursuant to Section 1007 of the Education Code, as appropriate, to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive.

(g) In the event that the election day for a school district governing board or county board of education is established pursuant to subdivision (b) of Section 1302, the term of office of all then incumbent members of that governing board or county board of education shall be extended accordingly.

history: (History: Amended by Stats. 2004, Ch. 227, Sec. 16. Effective August 16, 2004.)


kind: section

code: ELEC

text: A school district in Tehama County or the Tehama County Board of Education, by itself or in concert with other school districts or county boards of education, may purchase or otherwise contribute to the purchase of elections equipment, including, but not limited to, a computer for the purposes of conducting a consolidated election when the equipment shall be owned by Tehama County.

history: (History: Added by Stats. 1996, Ch. 1143, Sec. 50. Effective September 30, 1996.)

part: 3. CONSOLIDATION OF ELECTIONS

chapter: 3. Emergency Elections in Cities

path: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS > 3. Emergency Elections in Cities > 3. CONSOLIDATION OF ELECTIONS


citation: ELEC § 10405

text: Notwithstanding any other provision of law, the Registrar-Recorder of the County of Los Angeles and the Registrar of Voters of Orange County may, pursuant to agreement between those counties, perform, either on behalf of the other, any and all duties relating to the conducting of the election, the counting of votes, and any other election procedures to the extent that those duties are for the conduct of an election of governing board members for any school district whose territory lies within both the County of Los Angeles and Orange County, pursuant to the consolidation of that election with a primary, municipal, or general election under Sections 1302 and 10404.5.

history: (History: Amended by Stats. 2003, Ch. 810, Sec. 18. Effective January 1, 2004.)

division: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS


text:
(a) The resolution of the community college district governing board to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted and submitted to the board of supervisors not later than 240 days prior to the date of the currently scheduled election for the governing board members of the community college district.

(b) The final date for the submission of the resolution by the community college district governing board to the board of supervisors is not subject to waiver.

(c) The board of supervisors shall notify all community college districts located in the county of the receipt of the resolution to consolidate and shall request input from each district on the effect of consolidation.

(d) (1) The board of supervisors, within 60 days from the date of submission, shall approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. Prior to the adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors may each obtain from the elections official a report on the cost-effectiveness of the proposed action.

(2) Public notices of the proceedings in which the resolution is to be considered for adoption shall be made pursuant to Section 25151 of the Government Code.

(e) Within 30 days after the approval of the resolution by the board of supervisors, the elections official shall notify all registered voters of the districts affected by the consolidation of the approval of the resolution by the board of supervisors. The notice shall be delivered by mail and at the expense of the community college district.

(f) An election day established pursuant to subdivision (b) of Section 1302 shall be prescribed to occur not less than one month, nor more than 12 months, subsequent to the election day prescribed in Section 5000 of the Education Code. As used in this subdivision, “12 months” means the period from the election day prescribed in Section 5000 of the Education Code to the first Tuesday after the first Monday in the 12th month subsequent to that day, inclusive.

(g) If, pursuant to subdivision (b) of Section 1302, a district governing board member election is held on the same day as a statewide general election, those district governing board members whose four-year terms of office would have, prior to the adoption of the resolution, expired prior to that election shall, instead, continue in their offices until successors are elected and qualified.

history: (History: Amended by Stats. 2011, Ch. 118, Sec. 2. (AB 1412) Effective January 1, 2012.)


text: In a community college district that includes the trustee areas authorized to be established pursuant to the third paragraph of Section 72023 of the Education Code, the consolidation of the election of trustees on the same date as the statewide general election pursuant to Section 10405.7 may be approved by any county or counties for the trustee areas located entirely within that county or counties. The approval of any county or counties in which the other trustee areas are located shall not be required. Elections resulting from changes in election dates pursuant to this section shall be deemed to meet the requirement of staggered terms set forth in Section 72023 of the Education Code.

history: (History: Added by Stats. 1996, Ch. 1143, Sec. 52. Effective September 30, 1996.)


citation: ELEC § 10406

text: Notwithstanding any other provision of law, if a statewide special election is called less than 88 days prior to the date of that election, a district, city, or other political subdivision may call for a special local election for the submission of any question, proposition, or office to be filled, to be consolidated with the statewide special election if the call is issued within four days from the date of issuance of the Governor’s proclamation or the effective date of a statute calling for a statewide special election.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)


citation: ELEC § 10407

text:
(a) Notwithstanding any other provision of law, whenever other elections are consolidated with a regularly scheduled election, the period for the filing of nomination documents by candidates in elections consolidated with the regularly scheduled election shall commence on the 113th day before the election. The nomination documents shall be filed not later than the close of business on the 88th day before the regularly scheduled election in the office of the appropriate officer, during regular office hours.

(b) Notwithstanding subdivision (a), if nomination documents for an incumbent officer of a political subdivision are not filed by the close of business on the 88th day before the election, or are filed but then are withdrawn before the close of normal business hours on the 88th day before the election, any person other than the person who was the incumbent on the 88th day shall have until the close of business on the 83rd day before the election to file nomination documents for the elective office. This section is not applicable where there is no incumbent eligible to be elected.

history: (History: Amended by Stats. 2024, Ch. 355, Sec. 12. (AB 1784) Effective January 1, 2025.)


citation: ELEC § 10408

text: When the county precinct boundaries at a consolidated election called by the board of supervisors of the county in which the city, district or other political subdivision is located do not coincide with the boundaries of the city, district or other political subdivision, the board of supervisors may by order, and for the purpose of the election only, reprecinct the territory in which the boundaries do not coincide, at any time prior to 30 days before the election.


citation: ELEC § 10409

text: When the boundaries of the territory within which an election is to be held, or the boundaries of the precincts established therefor, do not fully coincide with the boundaries of the territory within which some other election is to be held, or the boundaries of the precincts established for the other election, the elections may be consolidated as to all precincts which are the same for both elections. The elections may also be consolidated as to those precincts where a single precinct established for one election lies entirely within a single precinct established for the other election. Separate ballots shall be provided for those voters who reside outside the territory within which one of the elections is called.


citation: ELEC § 10410

text: Within the territory affected by the order of consolidation, the election precincts, polling places and voting booths shall, in every case, be the same, and there shall be only one set of election officers in each of the precincts. When the returns of elections consolidated pursuant to this part are required to be canvassed by different canvassing boards, the elections shall be conducted separately in the same manner as if they had not been consolidated, except as provided in this part.


citation: ELEC § 10411

text:
In case of the consolidation of any election called by the legislative body of a city, district, or other political subdivision with an election held in the county or counties in which the city, district, or other political subdivision is situated, the governing body of the city, district, or other political subdivision may authorize the board of supervisors to canvass the returns of the election. If this authority is given:

(a) The election shall be held in all respects as if there were only one election.

(b) Only one form of ballot shall be used.

(c) The returns of the election need not be canvassed by the legislative body of the authorizing city, district or other political subdivision.

If the authority is given to the board of supervisors, the canvass shall be made in accordance with Article 1 (commencing with Section 15300) of Chapter 4 of Division 15.

history: (History: Amended by Stats. 2003, Ch. 811, Sec. 21. Effective January 1, 2004.)


citation: ELEC § 10412

text:
In the case of the consolidation of any election called by the governing body of a city, district or other political subdivision with an election held in another city, district or other political subdivision, the governing body of one city, district or political subdivision may authorize the governing body of the other city, district or political subdivision to canvass the returns of the election. If this authority is given:

(a) The elections shall be held in all respects as if there were only one election.

(b) Only one form of ballot shall be used.

(c) The returns of the election need not be canvassed by the governing body of the authorizing city, district, or other political subdivision.

If that authority is given, the canvass may be made by any body or official authorized by law to canvass the returns of the election of such other city, district or political subdivision.


citation: ELEC § 10413

text: When the returns of any elections consolidated pursuant to this part are required to be canvassed by the same body, the elections shall be held in all respects as if there were only one election, and only one form of ballot shall be used.


citation: ELEC § 10416

text:
Except as otherwise provided in this part, when elections are consolidated, the governing body ordering consolidation may, in the territory affected thereby, provide for:

(a) The appointment of precinct boards.

(b) The formation of precincts for such elections.

(c) The expenses of the election.


citation: ELEC § 10417

text: Where under any law of the state the precincts, polling places or names of members of precinct boards are required to be described or otherwise set forth in the ordinance, resolution, order, notice or other document calling, giving notice of or otherwise pertaining to any election, and the election is consolidated, in whole or in part, with another election, the ordinance, resolution, order, notice or other document need not describe or set forth the precincts, polling places and the names of precinct board members pertaining to the territory affected by the consolidation but may instead state that these precincts, polling places, and precinct board members shall be the same as those provided for the other election within the territory affected by the consolidation, and in that event, the ordinance, resolution, order, notice, or other document shall refer to some ordinance, order, resolution, or notice calling, providing for or giving notice of the other election and which sets forth these precincts, polling places, and the names of precinct board members. This reference may be made by giving the number and title or date of adoption of the ordinance, resolution, or order, or the date or proposed date of any publication of the notice and the name of the newspaper in which the notice has been or will be published, or by any other definite description. Notwithstanding the provision of any other provision of law, this reference need not be made in the case of an election consolidated with a statewide election.


citation: ELEC § 10418

text:
(a) Whenever an election is to be held on the same day as a statewide election, a special election, or an election held pursuant to Section 1302 or 1303, the election may be consolidated with the statewide or special election, or the election held pursuant to Section 1302 or 1303, as applicable. If consolidated, the consolidated election shall be held and conducted, election boards appointed, voting precincts designated, candidates nominated, ballots printed, polls opened and closed, voter challenges determined, ballots counted and returned, returns canvassed, results declared, certificates of election issued, recounts conducted, election contests presented, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the statewide or special election, or the election held pursuant to Section 1302 or 1303, as applicable.

(b) The precincts used at the consolidated election shall be those used for the statewide, special, or regularly scheduled election and, where necessary, the county elections official may adjust precinct lines to coincide with the boundaries of the particular jurisdiction.

history: (History: Amended by Stats. 2013, Ch. 98, Sec. 2. (AB 331) Effective January 1, 2014.)


citation: ELEC § 10500

text:
(a) This part may be cited as the Uniform District Election Law.

(b) As used in this part, the following definitions apply:

(1) “Affected county” means a county in which any land of the district or agency is situated.

(2) “Director” means a member of the governing body.

(3) “District” or “agency” means any district or agency of the type designated by and formed pursuant to the provisions of any principal act that incorporates this part.

(4) “Elective office” means any office that may, under the principal act of the district or agency, be filled by way of an election.

(5) “Elective officer” means “elective officer” as defined by the principal act of each district or agency or if not defined, any officer of a district or agency holding an office that can be filled by election.

(6) “General district election” means an election held pursuant to the provisions of this part.

(7) “Governing body” means the board of directors of a district or agency or the board or body which governs the activities of the district or agency.

(8) “Landowner voting district” means a district whose principal act requires an elector to be an owner of land located within the district.

(9) “Principal act” means the law providing for the creation of a particular district or agency or type of district or agency.

(10) “Principal county” means the county in which all the land in the district or agency is situated, or if the district or agency is situated in more than one county, the county in which the greatest portion of the land in the district or agency is situated.

(11) “Resident voting district” means any district other than a landowner voting district.

(12) “Secretary” means the secretary of the governing body or a person designated by him or her to perform a duty of the secretary.

(13) “Supervising authority” means the board of supervisors of the county in which is situated all or most of the land of a district.

(14) “Voter” means a voter or elector as respectively defined in the principal act of each district or agency.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 19. Effective January 1, 2003.)

part: 4. UNIFORM DISTRICT ELECTION LAW

path: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS > 3. Emergency Elections in Cities > 4. UNIFORM DISTRICT ELECTION LAW


citation: ELEC § 10501

text: It is the purpose of this part to provide a procedure for the election of elective officers of districts. These elections shall be called and conducted and the results canvassed, returned, and declared pursuant to this part.


citation: ELEC § 10502

text:
(a) This part shall apply to all districts and agencies whose principal acts so provide. However, the provisions of this part requiring the county elections official to conduct elections shall apply to all resident voting districts and agencies, and, at the discretion of the county elections official, may apply to landowner voting districts, notwithstanding any other provision of law.

(b) Notwithstanding subdivision (a), the county elections official shall conduct an election on behalf of a landowner voting district if the governing body of the district, by resolution, requests that assistance and agrees to reimburse the county pursuant to Section 10520 and any county ordinances or resolutions consistent therewith. A district making that request shall supply information regarding qualified voters pursuant to Section 10525, and any other pertinent information requested by the county elections official. The election may be conducted by all-mailed ballots at the discretion of the county elections official. The election may not be held on the same date as a regularly scheduled election. The county elections official may rely upon the list of qualified voters and other information supplied by the district and shall not be required to determine the qualified voters. If the district does not supply the required information regarding qualified voters and other pertinent information requested by the county elections official within the time specified in Section 10525, the county elections official shall have no further obligation with respect to the election, and the district shall be responsible for conducting all remaining election activities.

(c) Where this part conflicts with the principal act, this part shall apply and control.

(d) This part shall not apply to the election of elective officers of the district upon formation of the district, except as to the term of office of the officers.


citation: ELEC § 10503

text: Where this part provides that the principal act shall govern, and the principal act contains no provisions on the matter, the general election laws of this state shall govern. Where neither this part nor the principal act apply, the general election laws of this state shall govern.


citation: ELEC § 10504

text: Whenever this part requires the secretary of a district to deliver a notice or other information to the county elections official on or before a designated date, the secretary may personally deliver the notice or other information on or before that date, or may deliver the notice or other information by certified mail if the notice or other information will be received by the county elections official in the ordinary course of the mails on or before that designated date.


citation: ELEC § 10505

text:
The terms of office of elective officers in all new districts shall be determined as follows:

(a) If the district is formed in an odd-numbered year, the officers elected at the formation election shall hold office until noon on the first Friday in December of the next following odd-numbered year, provided officers elected at an election held on the first Tuesday after the first Monday in November shall hold office as provided in subdivision (c).

(b) If the district is formed in an even-numbered year, the officers elected at the formation election shall hold office until noon on the first Friday in December of the second next following odd-numbered year.

(c) The directors elected at the first general district election held in a district and at a formation election held at the same time as the general district election shall meet as soon as practicable after taking office and classify themselves by lot into two classes, as nearly equal in number as possible, and the terms of office of the class having the greater number shall be four years and the terms of office of the class having the lesser number shall be two years. All other elective officers elected at the election shall hold office for a term of four years or until their successor is elected and qualifies.

(d) Pursuant to Section 10404, a special district electing members of the governing body in odd-numbered years may, by resolution, require that its elections of governing body members be held on the same day as the statewide general election.

history: (History: Amended by Stats. 2015, Ch. 731, Sec. 6. (AB 1535) Effective January 1, 2016.)


citation: ELEC § 10506

text: Whenever a district shall increase the number of divisions, if there are any, the terms of office of the offices of director thus created shall be determined by the governing body, but in no event shall the term designated by the governing body be for more than four years. The terms of office thus created shall be determined in such a manner as to keep as nearly equal as practicable the number of directors to be elected at each subsequent general district election. Upon the expiration of the term so designated by the governing body, the directorship shall be filled at the next general district election and general district elections held thereafter. The term of office of each subsequent director thus elected is four years or until his or her successor qualifies and takes office.


citation: ELEC § 10507

text: Except as otherwise provided in this part, the term of office of each elective officer, elected or appointed pursuant to this part, is four years or until his or her successor qualifies and takes office.


citation: ELEC § 10508

text: The principal act shall govern whether directors of a district are elected by divisions or by the district at large. A governing body may require that the directors of the governing body be elected using district-based elections pursuant to Section 10650.

history: (History: Amended by Stats. 2016, Ch. 754, Sec. 1. (AB 2389) Effective January 1, 2017.)


citation: ELEC § 10509

text:
On the 125th day prior to the day fixed for the general district election, the secretary shall deliver a notice to the county elections official. The notice shall bear the secretary’s signature and the district seal and shall also contain both of the following:

(a) The elective offices of the district to be filled at the next general district election, specifying which offices, if any, are for the balance of an unexpired term.

(b) Whether the district or the candidate is to pay for the publication of a statement of qualifications pursuant to Section 13307.

history: (History: Amended by Stats. 2002, Ch. 454, Sec. 2. Effective January 1, 2003.)


citation: ELEC § 10510

text:
(a) Forms for declarations of candidacy for all district offices shall be obtained from the office of the county elections official. The county elections official may, for convenience or necessity, authorize the district secretary to issue declarations of candidacy. The forms shall first be available on the 113th day prior to the general district election and shall be filed not later than 5 p.m. on the 88th day prior to the general district election in the office of the county elections official during regular office hours or may be filed by certified mail so that the forms reach the office of the county election official no later than the deadline for filing in that office. The county elections official shall record the date of filing upon the first page of each declaration of candidacy filed pursuant to this section. No candidate shall withdraw his or her declaration of candidacy after 5 p.m. on the 88th day prior to the general district election.

(b) Notwithstanding any other provision of law, a person shall not file nomination papers for more than one district office or term of office for the same district at the same election.

(c) On request of the district secretary, the county elections official shall provide the secretary with a copy of each declaration of candidacy filed pursuant to this section.

history: (History: Amended by Stats. 2005, Ch. 86, Sec. 4. Effective July 19, 2005.)


citation: ELEC § 10511

text: The declaration of candidacy shall be in substantially the following form: I, _________________, do hereby declare myself as a candidate for election to the office of ___________________. (__ Initial here if the office for which you are running is for the balance of an unexpired term.) I am a registered voter. If elected, I will qualify and accept the office of __________________ and serve to the best of my ability. I request my name be placed on the official ballot of the district for the election to be held on the ___ day of _______, 20__, and that my name appear on the ballot as follows:(Print name above)My current residence address isand my telephone number is .I desire the following occupational designation to appear on the ballot under my name:(Print desired designation, if any, above)This occupational designation is true and in conformance with Section 13107 of the Elections Code.I am aware that any person who files or submits for filing a declaration of candidacy knowing that it or any part of it has been made falsely is punishable by a fine or imprisonment, or both, as set forth in Section 18203 of the Elections Code. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Executed on , 20__,at (Place)(Signature of Candidate)

history: (History: Amended by Stats. 2003, Ch. 296, Sec. 2. Effective January 1, 2004.)


citation: ELEC § 10512

text:
(a) Each candidate shall set forth in full the oath or affirmation set forth in Section 3 of Article XX of the California Constitution, which shall be filed with the declaration of candidacy. The county elections official or district secretary, or a person designated by the county elections official or district secretary, shall administer the oath.

(b) The county elections official or district secretary, or a person designated by the county elections official or district secretary, may administer the oath or affirmation set forth in Section 3 of Article XX of the California Constitution to the candidate elected to office.

history: (History: Amended by Stats. 2019, Ch. 562, Sec. 7. (AB 1829) Effective January 1, 2020.)


citation: ELEC § 10513

text: Upon filing each declaration of candidacy, the county elections official shall examine the declaration to determine if it conforms with the provisions of this part and shall certify whether it is sufficient. For this purpose, the elections official shall be entitled to obtain from any officer of an affected county all information necessary to make this determination.


citation: ELEC § 10514

text: The qualifications of a candidate for elective office, and of an elective officer, of a district shall be determined by the principal act of that district.


citation: ELEC § 10515

text:
(a) If, by 5 p.m. on the 83rd day prior to the day fixed for the general district election: (1) only one person has filed a declaration of candidacy for any elective office to be filled at that election, (2) no one has filed a declaration of candidacy for such an office, (3) in the case of directors to be elected from the district at large, the number of persons who have filed a declaration of candidacy for director at large does not exceed the number of offices of director at large to be filled at that election, or (4) in the case of directors who must reside in a division but be elected at large, the number of candidates for director at large from a division does not exceed the number required to be elected director at large while residing in that division; and if a petition signed by 10 percent of the voters or 50 voters, whichever is the smaller number, in the district or division if elected by division, requesting that the general district election be held has not been presented to the officer conducting the election, he or she shall submit a certificate of these facts to the supervising authority and request that the supervising authority, at a regular or special meeting held prior to the Monday before the first Friday in December in which the election is held, appoint to the office or offices the person or persons, if any, who have filed declarations of candidacy. The supervising authority shall make these appointments.

(b) If no person has filed a declaration of candidacy for any office, the supervising authority shall appoint any person to the office who is qualified on the date when the election would have been held. The person appointed shall qualify and take office and serve exactly as if elected at a general district election for the office.

(c) Where a director must be appointed to represent a division, all or most of which is not within the county governed by the supervising authority, then the board of supervisors of the county within which all or most of that division is located shall be the body to which request for appointment is made and which shall make the appointment.


citation: ELEC § 10516

text:
(a) Notwithstanding any other provision of law, in any district or agency election, if a declaration of candidacy for an incumbent elective officer of a district is not filed by 5 p.m. on the 88th day before the general district election, or is filed but then is withdrawn before 5 p.m. on the 88th day before the election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd day before the election to file a declaration of candidacy for the elective office.

(b) This section is not applicable where there is no incumbent to be elected. If this section is applicable, notwithstanding Section 10510, a candidate may withdraw their declaration of candidacy until 5 p.m. on the 83rd day before the general election.

history: (History: Amended by Stats. 2024, Ch. 355, Sec. 13. (AB 1784) Effective January 1, 2025.)


citation: ELEC § 10517

text: Except as otherwise provided by this part, the county elections official of each affected county shall conduct the general district election for the portion of the district located within the county. Where a district is located in two or more counties, the county elections officials of these counties may contract among themselves to have one of their number conduct the election for the district.


citation: ELEC § 10518

text: If, within any portion of a county, only one district has scheduled a general district election, the county elections official may authorize the appropriate officer of the district to perform any of the functions required of the county elections official under this part.


citation: ELEC § 10519

text: At the request of a district governing body, the county elections official may perform any of the duties of the district secretary and the supervising authority may perform any of the duties of the district governing body.


citation: ELEC § 10520

text: Each district involved in a general district election in an affected county shall reimburse the county for the actual costs incurred by the county elections official thereof in conducting the general district election for that district. The county elections official of the affected county shall determine the amount due from each district and shall bill each district accordingly.


citation: ELEC § 10521

text: Qualifications of voters of a district, the number of votes each voter may cast, and the method of determining that number of votes shall be governed by the principal act of that district.


citation: ELEC § 10522

text: At least 125 days prior to the day fixed for the general district election, the secretary of a resident voting district shall deliver to the county elections official of each affected county a map showing the boundaries of the district and the boundaries of the divisions of the district, if any, within that county and a statement indicating in which divisions a director is to be elected and whether any elective officer is to be elected at large at the next general district election.


citation: ELEC § 10523

text: Notwithstanding any provision in the principal act, elections shall be at large in any resident voter district in which there are fewer than 100 voters.


citation: ELEC § 10524

text: At least 125 days prior to the date fixed by the general district election, the secretary of a landowner voting district shall deliver to the county elections official of each affected county a map or description of the boundaries of the district or divisions for which elections are to be held.


citation: ELEC § 10525

text:
(a) At least 35 days prior to the date fixed for the landowner district election, the secretary of a landowner district for which an election has not been canceled pursuant to Section 10515, shall deliver to the county elections official of each affected county a list of voters qualified under the principal act of that district to vote in that county at the next landowner district election. For this purpose, the secretary of a landowner voting district shall be entitled to obtain from any office of an affected county all information necessary to prepare the list.

(b) The list delivered pursuant to subdivision (a) shall contain the name of each voter qualified under the principal act of the landowner voting district to vote at the next landowner district election, the residence of each voter, the division, if any, of the district in which each voter is entitled to vote, and the manner in which the votes are to be distributed.

(c) The secretary of the landowner district shall sign his or her name and affix the seal of the district at the bottom of the last page of the list. One copy of this list shall be conspicuously posted in the office of the district in a place to which the public generally has access. If the office is located in a private home, the list shall be posted in some public building.

(d) The governing board may, by resolution, determine that the duties of the secretary set forth in this section would best be performed by the county elections official, in which case the county elections official shall thereafter assume these duties.


citation: ELEC § 10526

text: At least 30 days prior to the day fixed for the next general district election, the county elections official shall have prepared a sufficient number of ballots for the voters of each resident voter district participating in the election.


citation: ELEC § 10527

text: At least 20 days prior to the date fixed for the next general district election, the county elections official shall have prepared a sufficient number of ballots for the voters of each landowner voting district participating in the election.


citation: ELEC § 10528

text: Except as otherwise provided by this part, the form of the ballot to be used by the voters of a landowner voting district participating in the general district election shall be governed by the principal act of that district. The county elections official shall determine and specify the form of the ballot to be used by the voters of resident voting districts and may, if practicable, provide a consolidated ballot covering two or more district elections in the same precinct.


citation: ELEC § 10529

text: Whenever a candidate has filed a declaration of candidacy, and the candidate’s declaration of candidacy has been certified as sufficient pursuant to Section 10513, the name of the candidate shall be printed upon the ballot unless the candidate has died and that fact has been ascertained by the officer charged with the duty of printing the ballots, at least 68 days before the day of the election.


citation: ELEC § 10530

text: Vote by mail voting shall be allowed and conducted as nearly as practicable in accordance with Division 3 (commencing with Section 3000) pertaining to general elections, except in those districts in which voting by proxy is allowed unless a particular district shall, by resolution pursuant to Section 4108, provide for an all-mail ballot election.

history: (History: Amended by Stats. 2007, Ch. 508, Sec. 68. Effective January 1, 2008.)


citation: ELEC § 10531

text:
Notwithstanding any law, vote by mail voting shall be allowed in lieu of voting by proxy in an landowner district election in which voting by proxy is allowed if, at least 110 days before the election, the governing board of the district adopts this section. If a district adopts this section, the voting shall be conducted as follows:

(a) The vote by mail ballot shall be available to any eligible voter of the district.

(b) The form of application for the ballot shall be distributed to each voter with the voter information guide and shall contain spaces for each of the following:

(1) The printed name and address of the voter.

(2) The address to which the ballot is to be mailed.

(3) The voter’s signature.

(4) The authorization of a legal representative, as defined in Section 34030 of the Water Code, to receive the vote by mail voter’s ballot if the voter so chooses.

(5) The name and date of the election for which the request is made.

(6) The date the application shall be received by the county elections official, which date shall be at least seven days before the election.

(7) The insertion of the voter information guide name and address label on the application.

(c) Upon receipt of vote by mail ballot application and verification that it has been properly completed, the county elections official shall mail vote by mail voter’s ballot to the voter or legal representative with an identification envelope, which shall contain each of the following:

(1) A declaration under penalty of perjury stating that the voter is entitled to vote in the election.

(2) Space for the signature of the voter or legal representative and the date of signing.

(3) A notice that the envelope contains an official ballot and is to be opened only by the appropriate elections officials.

(d) The voting shall be pursuant to those additional procedures, if any, that the county elections official shall deem necessary to the proper conduct of the election, provided that the overall additional procedures shall substantially comply with Division 3 (commencing with Section 3000) and Chapter 1 (commencing with Section 15000) of Division 15, and shall be consistent with landowner voting requirements.

(e) Notwithstanding Section 10525, the list of voters for landowner voting district elections in which vote by mail voting is allowed shall be delivered to the county elections official at least 40 days before the election.

(f) The voter information guide for landowner voting district elections in which vote by mail voting is allowed shall be mailed at least 20 days before the election.

history: (History: Amended by Stats. 2016, Ch. 422, Sec. 56. (AB 2911) Effective January 1, 2017.)


citation: ELEC § 10532

text: Nothing in this part shall prohibit a voter of a district, or his legal representative, from voting by proxy if this right is provided for by the principal act of that district, and the requirements and qualifications necessary for voting by proxy shall be governed, as nearly as practicable, by the principal act of that district.


citation: ELEC § 10533

text:
(a) The county elections official shall prepare for each precinct one voter list and one roster for each ballot form to be used at the polling place of the precinct at the general district election. Where, as provided by Section 10528, the county elections official provides for a consolidated ballot covering two or more district elections in the same precinct, the county elections official may also provide a consolidated voter list and consolidated roster for the voters receiving the consolidated ballot. The county elections official shall furnish each precinct board with its respective lists and rosters prior to the opening of the polls.

(b) For a landowner voting district election, the voter list shall specify the number of votes each voter is entitled to cast.


citation: ELEC § 10534

text: If the county elections official fails to appoint a precinct board or the members appointed are not present when the polls open on the day of the general district election, a majority of the voters of the precinct present at that hour, including members of the precinct board, may appoint the precinct board or appoint a person in place of an absent member.


citation: ELEC § 10535

text: The inspector is chairman of the precinct board.


citation: ELEC § 10536

text: If during the election any judge or elections official ceases to act, the inspector may appoint a substitute.


citation: ELEC § 10537

text: If the inspector ceases to act, a majority of the remaining members of the precinct board may appoint a substitute.


citation: ELEC § 10538

text: Any member of a precinct board may administer and certify oaths required to be administered during an election.


citation: ELEC § 10539

text: Before opening the polls, each member of the precinct board shall sign a declaration to perform faithfully his or her duties, before the inspector or before any other member of the board.


citation: ELEC § 10540

text: Candidates’ statements of their qualifications submitted in accordance with Section 13307 shall be filed with the county elections official, who shall cause the voters’ pamphlet, if any is required, to be mailed.

history: (History: Amended by Stats. 2002, Ch. 221, Sec. 20. Effective January 1, 2003.)


citation: ELEC § 10541

text: The polls shall open at 7 a.m. and remain open until 8 p.m. In any precinct in which all of the eligible voters have voted prior to the time for closing the polls, the precinct board may thereupon close the polls, canvass the votes and make the returns as required by law. However, regardless of the time of closing the polls, no totals of votes cast or other returns shall be announced or disclosed prior to 8 p.m.


citation: ELEC § 10542

text: The principal act of each landowner voting district participating in the general district election shall govern the manner in which the ballot is delivered by the clerk or judge to a voter of that district, the method by which the voter casts his vote or votes, and the manner in which the ballot is returned by the voter to the clerk or judge and placed in the ballot box.


citation: ELEC § 10543

text: Voting shall be conducted, the canvass at the polls made, and the returns delivered to the county elections official, except as otherwise provided by this part, as nearly as practicable in accordance with the provisions of this code pertaining to general elections.


citation: ELEC § 10544

text: A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.


citation: ELEC § 10545

text:
The envelope, certificate with the roster, tally lists, and voter list, shall be all of the following:

(a) Sealed in an envelope by the inspector in the presence of the judge and clerk.

(b) Endorsed “Election returns of (naming the precinct) precinct.”

(c) Directed to the county elections official.

(d) Immediately delivered by the inspector or by a responsible person designated by him, to the county elections official.

history: (History: Amended by Stats. 2017, Ch. 806, Sec. 27. (SB 286) Effective January 1, 2018.)


citation: ELEC § 10546

text: Recount of votes in any general district election shall be governed by the provisions of Chapter 12 (commencing with Section 15600) of Division 15.


citation: ELEC § 10547

text: The county elections official shall commence the canvass of the returns not later than the first Thursday after each general district election.


citation: ELEC § 10548

text: The canvass shall be made in public and by opening the returns and determining the vote for each person voted for and declaring the results thereof.


citation: ELEC § 10549

text: No roster, tally list, or certificate returned from any general district election shall be set aside or rejected for want of form if it can be satisfactorily understood.


citation: ELEC § 10550

text:
As soon as the result of the canvass by the county elections official is declared, the county elections official shall prepare and mail a statement of the result to the secretary of each district participating in the general district election. The statement shall be signed by the county elections official, authenticated by the seal of the county and shall show:

(a) The number of ballots cast for elective offices of that district and, when directors of that district are elected by divisions, the number of ballots cast in each division.

(b) The name of each candidate for an elective office of that district voted for and the office.

(c) The number of votes cast in each precinct for each candidate.

(d) When directors are elected by divisions, the number of votes cast in each division for each candidate for the office of director from that division.

(e) The number of votes cast in the district for all other elective offices of that district.


citation: ELEC § 10551

text:
(a) No later than the Monday before the first Friday in December the county elections official shall declare the elected candidate or candidates. If there is but one person to be elected to an elective office, the candidate receiving the highest number of votes cast for the candidates for that office shall be declared elected. If there are two or more persons to be elected to an elective office, those candidates equal in number to the number to be elected who receive the highest number of votes for the office shall be declared elected.

(b) If a tie vote makes it impossible to determine which of two or more candidates has been elected, the county elections official shall notify the governing body of the district thereof, and the governing body shall forthwith notify the candidates who have received the tie votes to appear before it either personally or by representative at a time and place designated by the governing body. The governing body shall, at that time and place, determine the tie by lot and the results thereof shall be declared by the governing body. The candidate so chosen shall qualify, take office and serve as though elected at the preceding general district election.


citation: ELEC § 10553

text: The county elections official shall immediately make and deliver to each person elected a certificate of election signed by the county elections official.


citation: ELEC § 10554

text: Elective officers, elected or appointed pursuant to this part, take office at noon on the first Friday in December next following the general district election. Prior to taking office, each elective officer shall take the official oath and execute any bond required by the principal act.


citation: ELEC § 10555

text: Notwithstanding Chapter 1 (commencing with Section 1000) of Division 1, no landowner voting district election shall be consolidated with any resident voter election regardless of whether it is held pursuant to this part. Except as specified in the preceding sentence, an election conducted by a district subject to this part may be consolidated with any other election pursuant to Part 3 (commencing with Section 10400).


citation: ELEC § 10556

text: No informalities in the conduct of the general district election or any matters related to it shall invalidate the election if fairly conducted.


citation: ELEC § 10600

text: When one member of the governing board of a school district or community college district is to be elected, the candidate receiving the highest number of votes shall be elected. When two or more members are to be elected, the two or more candidates receiving the highest number of votes shall be elected. Each voter may vote for as many candidates as there are members to be elected. The ballot shall contain instructions stating the maximum number of candidates for whom each voter may vote.

path: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS > 3. Emergency Elections in Cities > 5. SCHOOL DISTRICT AND COMMUNITY COLLEGE DISTRICT GOVERNING BOARD ELECTIONS


citation: ELEC § 10601

text: Notwithstanding Section 10600, the governing board of any community college district may, by a resolution adopted by a majority vote of the board, assign a number to each seat on the board to be selected by lot. Once the numbers are assigned, any candidate for election to the board shall be required to run for a particular numbered seat on the board and be elected by the voters of the district at large.

part: 5. SCHOOL DISTRICT AND COMMUNITY COLLEGE DISTRICT GOVERNING BOARD ELECTIONS


citation: ELEC § 10602

text:
(a) The forms for declaration of candidacy for governing board elections shall be in substantially the following form:

“I, _____, do hereby declare myself as a candidate for election to the governing board of _____ District, of the County of ____; I am a registered voter; if elected I will qualify and serve to the best of my ability; and I request my name be placed on the official ballots of the district, for the election to be held on the ___ day of ____, 20__.Residence address: ”(b) In an election held under Section 5018 of the Education Code to elect additional governing board members, all candidates for member of the governing board shall also indicate on their declaration of candidacy whether they are candidates for the existing office or for the new offices.

history: (History: Amended by Stats. 2018, Ch. 58, Sec. 11. (AB 3259) Effective January 1, 2019.)


citation: ELEC § 10603

text:
(a) In any school district or community college district governing board election the name of any person shall be placed on the ballot, subject to Sections 35107 and 72103 of the Education Code, if there is filed with the county elections official having jurisdiction, not more than 113 days nor less than 88 days prior to the election, a declaration of candidacy containing the appropriate information in the blank spaces and signed by the person whose name is thereby to be placed on the ballot.

(b) No candidate whose declaration of candidacy has been filed for any school district or community college district governing board election or county board of education election may withdraw as a candidate after the 88th day prior to the election.

(c) Notwithstanding any other provision of law, except as provided in subdivision (d), no person shall file nomination papers for more than one district office, including a county board of education office, at the same election.

(d) Notwithstanding any other provision of law, if a proposal to form a unified school district is on the same ballot as the election of governing board members of that district, any candidate for a position on the existing governing board may file nomination papers for that position pursuant to subdivision (a) and may, at the same election, also file nomination papers for a position on the governing board of the proposed unified school district.

history: (History: Added by Stats. 1996, Ch. 1143, Sec. 54. Effective September 30, 1996.)


citation: ELEC § 10604

text:
(a) Notwithstanding Section 10603, if a declaration of candidacy for an incumbent member of a school district or community college district governing board or of a county board of education is not filed by 5 p.m. on the 88th day before the election, or is filed but then is withdrawn before 5 p.m. on the 88th day before the election, any person, other than the person who was the incumbent on the 88th day, shall have until 5 p.m. on the 83rd day before an election to file a declaration of candidacy for the elective office.

(b) This section is not applicable where there is no incumbent eligible to be elected. If this section is applicable, notwithstanding Section 10603, a candidate whose declaration of candidacy has been filed for any school district or community college district governing board election or county board of education election may withdraw as a candidate until 5 p.m. on the 83rd day before the election.

history: (History: Amended by Stats. 2024, Ch. 355, Sec. 14. (AB 1784) Effective January 1, 2025.)


citation: ELEC § 10650

text:
(a) Notwithstanding any other law, a governing body of a special district may require, by resolution, that the members of its governing body be elected using district-based elections, as defined in subdivision (b) of Section 14026, without being required to submit the resolution to the voters for approval. A resolution adopted pursuant to this subdivision shall include a declaration that the change in the method of electing members of the governing body is being made in furtherance of the purposes of the California Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division 14 of the Elections Code).

(b) For purposes of this section, “special district” means an agency of the state formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. “Special district” does not include a city, county, city and county, school or community college district, special assessment district, or district with appointed members on its governing body.

history: (History: Added by Stats. 2016, Ch. 754, Sec. 2. (AB 2389) Effective January 1, 2017.)

part: 5.5. Special District Elections

path: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS > 3. Emergency Elections in Cities > 5.5. Special District Elections


citation: ELEC § 10700

text: The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.

history: (History: Amended by Stats. 2002, Ch. 658, Sec. 1. Effective January 1, 2003.)

path: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS > 1. Nomination of Candidates for Legislative and Congressional Offices at Special Elections


citation: ELEC § 10701

text:
(a) When a vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, the Governor may decline to issue an election proclamation at his discretion.

(b) 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 shall be held.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

chapter: 1. Nomination of Candidates for Legislative and Congressional Offices at Special Elections


citation: ELEC § 10702

text: Except as provided by Chapter 3 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly.

history: (History: Amended by Stats. 2002, Ch. 658, Sec. 2. Effective January 1, 2003.)


citation: ELEC § 10703

text:
(a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.

(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.

(b) Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday.

history: (History: Amended by Stats. 2024, Ch. 854, Sec. 6. (AB 3284) Effective January 1, 2025.)


citation: ELEC § 10704

text:
(a) Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.

(b) A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:

(1) The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.

(2) A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.

(c) The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: “If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.”

(d) On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:

“Voter-Nominated Offices

All voters may vote in these contests.

Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.”

history: (History: Amended by Stats. 2023, Ch. 676, Sec. 9. (AB 1219) Effective January 1, 2024.)


citation: ELEC § 10705

text:
(a) All candidates shall be listed on one ballot and, except as provided in subdivision (b), if any candidate receives a majority of all votes cast, he or she shall be declared elected, and no special general election shall be held.

(b) If only one candidate qualifies to have his or her name printed on the special general election ballot, that candidate shall be declared elected, and no special general election shall be held.

history: (History: Amended by Stats. 2009, Ch. 1, Sec. 42. (SB 6) Effective January 1, 2010. Operative January 1, 2011, pursuant to Sec. 67 of Ch. 1.)


citation: ELEC § 10706

text: If no candidate receives a majority of votes cast, the names of the candidates who receive the highest or second highest number of votes cast at the special primary election shall be placed on the special general election ballot. In the case of a tie vote, subdivision (b) of Section 8142 shall apply.

history: (History: Amended by Stats. 2012, Ch. 3, Sec. 33. (AB 1413) Effective February 10, 2012.)


citation: ELEC § 10707

text: Notwithstanding any other provisions of this code, whenever a special general election, or a special primary election, to fill a vacancy in Congress or the State Legislature is consolidated with a statewide election, the candidates to fill the vacancy shall appear on the consolidated ballot immediately preceding the candidates for that same seat in Congress or the seat in the Legislature that most nearly encompasses the same geographical area at the statewide election, or the elections official at his or her option may print a separate and distinct ballot.


citation: ELEC § 10720

text:
(a) If a vacancy occurs in the representation of this state in the Senate of the United States, the Governor may appoint and commission an elector of this state who possesses the qualifications for the office to temporarily fill the vacancy until a person is elected at a statewide general election to hold office for the remainder of the unexpired term and is admitted to the vacated seat by the United States Senate. The person so elected shall hold office for the remainder of the unexpired term.

(b) The Governor shall issue a writ of election for a statewide general election to fill a vacancy described in subdivision (a) in accordance with the following:

(1) If the vacancy occurs 148 days or more before the regularly scheduled statewide primary election next following the occurrence of the vacancy, a statewide primary election and a statewide general election to fill the vacancy shall be held on the same dates as, and consolidated with, the regularly scheduled statewide primary and general elections, respectively, next following the occurrence of the vacancy.

(2) If the vacancy occurs less than 148 days before the regularly scheduled statewide primary election next following the occurrence of the vacancy, a statewide primary election and a statewide general election to fill the vacancy shall be held on the same dates as, and consolidated with, the second regularly scheduled statewide primary and general elections, respectively, next following the occurrence of the vacancy.

(c) Notwithstanding subdivision (b), if an election date prescribed by subdivision (b) would occur after the expiration of the term in which the vacancy occurred, the Governor shall consult with the Secretary of State as to whether it is practical to issue a writ of election to fill the vacancy before the expiration of the term. If the Governor determines, in the Governor’s discretion, that it is practical, the Governor may issue a writ of election for special statewide primary and general elections to fill the vacancy.

(d) Notwithstanding any other law, the following apply whenever an election to fill a vacancy in the United States Senate is consolidated with a statewide election and appears on the same ballot as a regular election for the term of the Senate seat subsequent to the term in which the vacancy occurred:

(1) The candidates for the election to fill the vacancy shall appear on the consolidated ballot immediately after the candidates for the regular election for the succeeding term.

(2) Elections officials who provide voter information guides, sample ballots, and ballot materials shall include on those materials a notice that advises voters that the ballot includes elections for the succeeding term and for the remainder of the unexpired term of the vacated Senate seat. The notice shall appear in boldface type and in a clearly legible font size. The Secretary of State shall prescribe the language for the notice.

(3) Elections officials who provide ballots for a consolidated election pursuant to this section shall include on the ballot, in a box immediately above the spaces on the ballot for United States Senate elections, a notice that advises voters that the ballot includes elections for the succeeding term and for the remainder of the unexpired term of the vacated Senate seat. The notice shall appear in a boldface type and a clearly legible font size. The Secretary of State shall prescribe the language for the notice.

history: (History: Amended by Stats. 2021, Ch. 316, Sec. 1. (AB 1495) Effective January 1, 2022.)

chapter: 2. Vacancy in Senate

path: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS > 2. Vacancy in Senate


citation: ELEC § 10730

text:
(a) This chapter provides the procedures for nomination and election of candidates at a special election to fill vacancies in the House of Representatives caused by a catastrophe.

(b) The procedures provided by Chapter 1 (commencing with Section 10700) shall apply to special elections to the extent those provisions are not inconsistent with this chapter or Section 8 of Title 2 of the United States Code.

history: (History: Amended by Stats. 2010, Ch. 306, Sec. 2. (SB 211) Effective January 1, 2011.)

path: 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS > 3. Vacancies in Congressional Offices caused by Catastrophe


citation: ELEC § 10731

text:
For purposes of this chapter, the following terms have the following meanings:

(a) “Catastrophe” means a natural or man-made event that causes a vacancy in at least 101 of the offices of the United States House of Representatives, including at least one of the offices representing California, or at least one-fourth of the total number of offices representing California.

(b) “Vacancy” means the death or disappearance, as a result of a catastrophe, of a Representative in Congress.

(c) “Disappearance” means the inability to establish conclusively whether a Representative in Congress has survived a catastrophe.

history: (History: Amended by Stats. 2010, Ch. 306, Sec. 3. (SB 211) Effective January 1, 2011.)

chapter: 3. Vacancies in Congressional Offices caused by Catastrophe


citation: ELEC § 10732

text: Within seven calendar days of a catastrophe, the Governor shall issue a proclamation calling a special election pursuant to Section 10703.

history: (History: Added by Stats. 2002, Ch. 658, Sec. 4. Effective January 1, 2003.)


citation: ELEC § 10733

text:
(a) In the event of a catastrophe that causes a vacancy in at least 101 of the offices of the United States House of Representatives, including at least one of the offices representing California, a special election to fill a vacancy in the office of Representative in Congress shall be conducted on a Tuesday not more than 49 days following the announcement of the vacancy by the Speaker of the United States House of Representatives pursuant to subsection (b) of Section 8 of Title 2 of the United States Code. Notwithstanding Section 10732, the Governor shall issue a proclamation calling the special election within one day of the Speaker of the United States House of Representatives announcing the vacancy. In the event of a catastrophe that causes a vacancy in at least one-fourth of the total offices of the United States House of Representatives representing California but not a vacancy in at least 101 of the offices of the United States House of Representatives, the special election shall occur on a Tuesday not more than 49 days following the issuance of an election proclamation by the Governor.

(b) A special election may be conducted within 75 days following the proclamation in order that the special election may be consolidated with the next regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.

(c) A special election to fill a vacancy caused by a catastrophe that causes vacancies in at least 101 of the offices of the United States House of Representatives pursuant to subdivision (a) shall not be conducted if any of the following is scheduled to occur within 75 days of the Speaker of the United States House of Representatives calling the vacancy:

(1) A regularly scheduled general election for the vacant office.

(2) A special election for the vacant office, conducted pursuant to a proclamation issued by the Governor prior to the date on which the Speaker of the United States House of Representatives announced the vacancy.

history: (History: Amended by Stats. 2010, Ch. 306, Sec. 4. (SB 211) Effective January 1, 2011.)


citation: ELEC § 10734

text: A special primary election shall not be held for a special general election conducted pursuant to this chapter. Candidates at the special general election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 46 days before the special general election, shall be left with the county elections official for examination not less than 39 days before the special general election, and shall be filed with the Secretary of State not less than 35 days before the special general election.

history: (History: Amended by Stats. 2022, Ch. 161, Sec. 26. (AB 2608) Effective August 22, 2022.)


citation: ELEC § 10735

text:
(a) (1) In the case of a special election due to a catastrophe that causes a vacancy in at least 101 offices of the United States House of Representatives, the county elections official shall, to the greatest extent practicable, deliver vote by mail ballots requested pursuant to Chapter 2 (commencing with Section 3101) of Division 3 not later than 15 days after the date on which the Speaker of the United States House of Representatives announces the vacancy.

(2) In the case of a special election due to a catastrophe that causes a vacancy in at least one-fourth of the total offices of the United States House of Representatives representing California but not a vacancy in at least 101 of the offices of the United States House of Representatives, the county elections official shall, to the greatest extent practicable, deliver vote by mail ballots requested pursuant to Chapter 2 (commencing with Section 3101) of Division 3 not later than 15 days after the date on which the Governor issues the proclamation calling the election to fill the vacancy.

(b) A vote by mail ballot cast pursuant to Chapter 2 (commencing with Section 3101) of Division 3 in a special general election conducted pursuant to this chapter shall be postmarked not later than the date of the election, shall be received by the county elections official not later than 45 days after the date on which the elections official transmitted the ballot to the voter, and shall comply with all other relevant requirements of this code.

(c) Notwithstanding any other provision of law, any deadlines relating to canvassing, announcement of election results, or certification of election results may be extended for a reasonable period of time to facilitate the tabulating and processing of ballots cast pursuant to Chapter 2 (commencing with Section 3101) of Division 3. An extension of a deadline pursuant to this section must be authorized by the Secretary of State.

history: (History: Amended by Stats. 2013, Ch. 560, Sec. 8. (AB 1417) Effective January 1, 2014.)


citation: ELEC § 11000

text: This division governs the recall of elective officers of the State of California and of all counties, cities, school districts, county boards of education, community college districts, special districts, and judges of courts of appeal and superior courts. It does not supersede the provisions of a city charter or county charter, or of ordinances adopted pursuant to a city charter or county charter, relating to recall.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 3. (AB 1513) Effective January 1, 2026.)

division: 11. RECALL ELECTIONS

article: 1. General Provisions

path: 11. RECALL ELECTIONS > 1. General Procedures: General Provisions and Initial Steps in the Recall > 1. General Provisions


citation: ELEC § 11001

text: For the purposes of this division, judges of courts of appeal shall be considered state officers, and judges of superior courts shall be considered county officers.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 4. (AB 1513) Effective January 1, 2026.)

chapter: 1. General Procedures: General Provisions and Initial Steps in the Recall

article: 1. General Provisions


citation: ELEC § 11002

text:
For the purposes of this division, “elections official” means one of the following:

(a) A county elections official in the case of the recall of elective officers of a county, school district, county board of education, community college district, or resident voting district, and of judges of superior courts.

(b) A city elections official, including, but not necessarily limited to, a city clerk, in the case of the recall of elective officers of a city.

(c) The secretary of the governing board in the case of the recall of elective officers of a landowner voting district or any district in which, at a regular election, candidate’s nomination papers are filed with the secretary of the governing board.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 5. (AB 1513) Effective January 1, 2026.)

article: 1. General Provisions


citation: ELEC § 11003

text: For the purposes of this division, “governing board” means a city council, the board of supervisors of a county, the board of trustees of a school district or community college district, or the legislative body of a special district, as the context requires. In the case of the recall of a superior court judge, “governing board” means the board of supervisors.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 6. (AB 1513) Effective January 1, 2026.)

article: 1. General Provisions


citation: ELEC § 11004

text: For the purposes of this division, a “local officer” is an elective officer of a city, county, school district, community college district, or special district, or a judge of a superior court.

history: (History: Amended by Stats. 2025, Ch. 304, Sec. 7. (AB 1513) Effective January 1, 2026.)

article: 1. General Provisions


citation: ELEC § 11005

text: The proponents of a recall must be registered voters of the electoral jurisdiction of the officer they seek to recall.

history: (History: Enacted by Stats. 1994, Ch. 920, Sec. 2.)

article: 1. General Provisions


citation: ELEC § 11006

text: Proceedings may be commenced for the recall of any elective officer, including any officer appointed in lieu of election or to fill a vacancy, by the service, filing and publication or posting of a notice of intention to circulate a recall petition pursuant to this chapter.

article: 1. General Provisions


citation: ELEC § 11007

text:
Except when a person has been appointed to office pursuant to Section 10229 because no person had been nominated to office, proceedings may not be commenced against an officer of a city, county, special district, school district, community college district, or county board of education in the event of one or more of any of the following:

(a) He or she has not held office during his current term for more than 90 days.

(b) A recall election has been determined in his or her favor within the last six months.

(c) His or her term of office ends within six months or less.

article: 1. General Provisions


citation: ELEC § 11020

text:
(a) The notice of intention shall contain all of the following:

(1) The name and title of the officer sought to be recalled.

(2) A statement, not exceeding 200 words in length, of the reasons for the proposed recall.

(3) The printed name, signature, and residence address, including street and number, city, and ZIP Code, of each of the proponents of the recall. If a proponent cannot receive mail at the residence address, the proponent shall provide an alternative mailing address. The notice of intention shall include at least the number of proponents specified in subdivision (b).

(4) The provisions of Section 11023.

(b) (1) For a state office, and for a local office where the number of registered voters in the electoral jurisdiction is at least 100,000, the minimum number of proponents listed on the notice of intention is 50, or equal to five times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher.

(2) For a local office where the number of registered voters in the electoral jurisdiction is at least 1,000 but less than 100,000, the minimum number of proponents listed on the notice of intention is 30, or equal to three times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher.

(3) For a local office where the number of registered voters in the electoral jurisdiction is less than 1,000, the minimum number of proponents listed on the notice of intention is 30.

history: (History: Amended by Stats. 2022, Ch. 791, Sec. 1. (AB 2584) Effective January 1, 2023.)

path: 11. RECALL ELECTIONS > 1. General Procedures: General Provisions and Initial Steps in the Recall > 2. The Notice of Intention, Statement, and Answer


citation: ELEC § 11021

text: A copy of the notice of intention shall be served by personal delivery, or by certified mail, on the officer sought to be recalled. Within seven days of serving the notice of intention, the original thereof shall be filed, along with an affidavit of the time and manner of service, with the elections official or, in the case of the recall of a state officer, the Secretary of State. A separate notice of intention shall be filed for each officer sought to be recalled.

history: (History: Amended by Stats. 1996, Ch. 714, Sec. 2. Effective January 1, 1997.)

article: 2. The Notice of Intention, Statement, and Answer


citation: ELEC § 11022

text: A copy of the notice, except the provisions required by paragraph (4) of subdivision (a) of Section 11020, shall be published at the proponents’ expense pursuant to Section 6061 of the Government Code. Publication shall be required unless there is no newspaper of general circulation able to provide timely publication in the jurisdiction of the officer sought to be recalled. If this publication is not possible, the notice, except the provisions required by paragraph (4) of subdivision (a) of Section 11020, shall be posted in at least three public places within the jurisdiction of the officer to be recalled.

history: (History: Amended by Stats. 2022, Ch. 791, Sec. 2. (AB 2584) Effective January 1, 2023.)


citation: ELEC § 11023

text:
(a) Within seven days after the filing of the notice of intention, the officer sought to be recalled may file with the elections official, or in the case of a state officer, the Secretary of State, an answer, in not more than 200 words, to the statement of the proponents.

(b) If an answer is filed, the officer shall, within seven days after the filing of the notice of intention, also serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice of intention.

(c) The answer shall be signed and shall be accompanied by the printed name and business or residence address of the officer sought to be recalled.


citation: ELEC § 11024

text:
(a) The statement and answer are intended solely for the information of the voters. No insufficiency in form or substance thereof shall affect the validity of the election proceedings.

(b) This section shall not be deemed to make the statement and answer, or the authors of the statement or answer, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous material included in the statement or answer.

history: (History: Amended by Stats. 2022, Ch. 791, Sec. 3. (AB 2584) Effective January 1, 2023.)


citation: ELEC § 11040

text:
(a) The petition may consist of any number of separate sections, which shall be duplicates except as to signatures and matters required to be affixed by signers and circulators. The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures.

(b) Each section of the petition may consist of any number of separate pages. A page shall consist of each side of a sheet of paper on which any signatures appear.

article: 3. Recall Petition

path: 11. RECALL ELECTIONS > 1. General Procedures: General Provisions and Initial Steps in the Recall > 3. Recall Petition


citation: ELEC § 11041

text:
(a) The proponents shall use the recall petition format provided by the Secretary of State and available from the county elections official or the Secretary of State. Before any signature may be affixed to a recall petition, each page of each section must bear all of the following in no less than 8-point type:

(1) (A) (i) If the officer sought to be recalled is a state officer, a request that an election be called to elect a successor to the officer.

(ii) If the officer sought to be recalled is a justice of the Supreme Court or of a court of appeal, as specified in subdivision (a) of Section 16 of Article VI of the California Constitution, a request that the Governor appoint a successor to the officer.

(B) The petition shall not include a request for a successor to be elected or appointed if the officer sought to be recalled is a local officer.

(2) A copy of the notice of intention, including the statement of grounds for recall. For purposes of this paragraph, the copy of the notice of intention shall contain the names of at least 10 recall proponents that appear on the notice of intention and that are selected by the proponents. The elections official shall not require the names of more than 10 proponents to be included as part of the language of the notice of intention. The provisions of Section 11023 do not need to be included as part of the language of the notice of intention.

(3) The answer of the officer sought to be recalled, if any. If the officer sought to be recalled has not answered, the petition shall so state.

(4) For a recall of a member of the governing board of a school district, the estimate of the county elections official, in consultation with the school district, of the cost of conducting the special election.

(b) All petition sections shall be printed in uniform size and darkness with uniform spacing.

history: (History: Amended by Stats. 2022, Ch. 791, Sec. 4.5. (AB 2584) Effective January 1, 2023.)

article: 3. Recall Petition


citation: ELEC § 11042

text:
(a) Within 10 days after filing of the answer to the notice of intention, or, if no answer is filed, within 10 days after the expiration of the seven-day period specified in Section 11023, the proponents shall file two blank copies of the petition with the elections official in his or her office during normal office hours as posted or, in the case of a recall of a state officer, with the Secretary of State, in his or her office during normal office hours as posted, who shall ascertain if the proposed form and wording of the petition meets the requirements of this chapter.

(b) At the time of the filing of the two blank copies of the petition, the proponents shall also file proof of publication of the notice of intention, if the notice of intention was published, or an affidavit of posting of the notice of intention, if the notice of intention was posted. The elections official or, in the case of a recall of a state officer, the Secretary of State, shall, within 10 days of receiving the blank copies of the petition, notify the proponents in writing of his or her finding.

(c) If the elections official finds that the requirements of this chapter are not met, the elections official shall include in his or her findings a statement as to what alterations in the petition are necessary. The proponents shall, within 10 days after receiving the notification, file two blank copies of the corrected petition with the elections official in his or her office during normal office hours as posted. The 10-day correction notification period and the 10-day filing period for corrected petitions shall be repeated until the elections official or the Secretary of State finds no alterations are required.

(d) No signature may be affixed to a recall petition until the elections official or, in the case of the recall of a state officer, the Secretary of State, has notified the proponents that the form and wording of the proposed petition meet the requirements of this chapter.

article: 3. Recall Petition


text:
(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.

(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.

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

article: 3. Recall Petition


citation: ELEC § 11043

text:
(a) The petition sections shall be designed so that each signer shall personally affix all of the following:

(1) The signer’s signature.

(2) The signer’s printed name.

(3) The signer’s residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.

(4) The name of the incorporated city or unincorporated community in which the signer resides.

(5) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, the following text on a separate horizontal line below the signer’s printed name and above the signer’s signature: “DO NOT SIGN UNLESS you have seen Official Top Funders sheet and its month is still valid.” The text “DO NOT SIGN UNLESS” shall be in all capitals and in boldface. The other text shall be capitalized as shown and shall not be in boldface.

(b) A margin, at least one inch wide, shall be left blank across the top of each page of the petition. A margin, at least one-half inch wide, shall be left blank along the bottom of each page of the petition.

(c) A space, at least one inch wide, shall be left blank after each name for the use of the elections official in verifying the petition.

history: (History: Amended by Stats. 2022, Ch. 887, Sec. 8. (SB 1360) Effective January 1, 2023.)

article: 3. Recall Petition


text:
(a) The Secretary of State shall provide to county elections officials a recall petition format for distribution to proponents of a recall. The recall petition format shall be made available upon request by the county elections official and by the Secretary of State.

(b) The recall petition format made available pursuant to this section shall be utilized by proponents of a recall election.

history: (History: Added by Stats. 1996, Ch. 714, Sec. 5. Effective January 1, 1997.)

article: 3. Recall Petition


citation: ELEC § 11044

text: Separate petitions are necessary to propose the recall of each officer.

article: 3. Recall Petition


citation: ELEC § 11045

text: Only registered voters of the electoral jurisdiction of the officer sought to be recalled are qualified to sign a recall petition for that officer. A person who meets the requirements of Section 102 may circulate the petition.

history: (History: Amended by Stats. 2013, Ch. 278, Sec. 27. (SB 213) Effective January 1, 2014.)

article: 3. Recall Petition


citation: ELEC § 11046

text: To each section of a petition shall be attached a declaration, signed by the circulator thereof, that complies with Section 104.

history: (History: Amended by Stats. 2013, Ch. 278, Sec. 28. (SB 213) Effective January 1, 2014.)

article: 3. Recall Petition


citation: ELEC § 11047

text: When a petition is circulated in more than one county for the recall of an officer, each section of the petition shall bear the name of the county for which it is circulated, and only registered voters of that county may sign that section.

history: (History: Amended by Stats. 2004, Ch. 156, Sec. 1. Effective January 1, 2005.)

article: 3. Recall Petition


citation: ELEC § 11100

text:
(a) This chapter applies only to the recall of state officers.

(b) In addition to this chapter, Sections 13 to 18, inclusive, of Article II of the California Constitution and the applicable provisions of Chapter 1 (commencing with Section 11000) and Chapter 4 (commencing with Section 11300) shall govern the recall of state officers.

history: (History: Amended by Stats. 2010, Ch. 328, Sec. 62. (SB 1330) Effective January 1, 2011.)

path: 11. RECALL ELECTIONS > 2. Recall of State Officers: Intermediate Steps in the Recall


citation: ELEC § 11101

text: Unless and until it is otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of registered voters.

history: (History: Amended by Stats. 1996, Ch. 714, Sec. 8. Effective January 1, 1997.)

chapter: 2. Recall of State Officers: Intermediate Steps in the Recall


citation: ELEC § 11102

text: Each section of a recall petition shall be filed with the elections official of the county for which it was circulated.

history: (History: Amended by Stats. 2004, Ch. 156, Sec. 2. Effective January 1, 2005.)


citation: ELEC § 11103

text: Each section of the petition shall be filed by the proponents or by any person or persons authorized, in writing, by a proponent. Each time an authorized person or persons files a section or sections of a petition, a copy of the written authorization shall be submitted to the elections official.

history: (History: Repealed and added by Stats. 1996, Ch. 714, Sec. 12. Effective January 1, 1997.)


citation: ELEC § 11104

text:
(a) The elections official, 30 days after a recall has been initiated and every 30 days thereafter, or more frequently at the discretion of the elections official, shall report to the Secretary of State all of the following:

(1) The number of signatures submitted on the recall petition sections for the period ending five days previously, excluding Saturdays, Sundays, and holidays.

(2) The cumulative total of all signatures received since the time the recall was initiated and through the period ending five days previously, excluding Saturdays, Sundays, and holidays.

(3) The number of valid signatures, verified pursuant to subdivision (b), submitted during the previous reporting period, and of valid signatures verified during the current reporting period.

(4) The cumulative total of all valid signatures received since the time the recall was initiated and ending five days previously, excluding Saturdays, Sundays, and holidays.

(b) Signatures shall be verified in the same manner set forth in subdivision (b) of Section 9031.

(c) The elections official, at the end of each 30-day period, shall attach to the petition a form provided by the Secretary of State, properly dated, that includes the information required by subdivision (a), and submit a copy of the petition, except as to the signatures appended thereto, to the Secretary of State and file a copy of the form in his or her office.

(d) Notwithstanding subdivisions (a) and (b), and Section 11106, the elections official shall not be required to verify signatures on a recall petition until the signatures submitted equal at least 10 percent of the total signatures required to qualify the recall for the ballot, as determined by the Secretary of State.

history: (History: Repealed and added by Stats. 2017, Ch. 180, Sec. 6. (SB 117) Effective August 24, 2017.)


citation: ELEC § 11106

text:
(a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.

(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution.

history: (History: Amended by Stats. 2023, Ch. 870, Sec. 5. (SB 386) Effective January 1, 2024.)


citation: ELEC § 11107

text: The elections official, upon the completion of each examination, shall forthwith attach to the petition a certificate, properly dated, showing the result of the examination, and submit a copy of the petition, except as to the signatures appended thereto, to the Secretary of State and file a copy of the certificate in his or her office.

history: (History: Added by Stats. 1996, Ch. 714, Sec. 17. Effective January 1, 1997.)