Each special election shall be held on one of the established election dates set by this division or on the date of any statewide special election except as provided in Section 1003.
Chapter 5Special Elections
Section § 1400
A special election in California must be scheduled on one of the pre-set election dates or during a statewide special election, unless there is an exception mentioned in another part of the law, specifically Section 1003.
special election scheduling election dates statewide special election Section 1003 exceptions pre-set election dates special election timing California election dates election scheduling rules statewide election alignment election law provisions
Section § 1405
This law section explains when elections for local initiatives—proposals by citizens to create new laws—are held. For county initiatives, the election takes place at the next statewide election at least 88 days after the election order. For city or district initiatives, it's at the next regular local election, also at least 88 days out.
However, local governments can opt to hold a special election sooner, as long as it is scheduled between 88 and 103 days after the order.
(a)CA Elections Code § 1405(a) Except as provided in subdivision (b), the election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9310 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election.
(b)CA Elections Code § 1405(b) The governing body of a county, city, or district may call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative
measure would appear on the ballot pursuant to subdivision (a). If the governing body calls a special election pursuant to this subdivision, the election shall be held not less than 88 days nor more than 103 days after the order of the election.
county initiative elections municipal initiative timing district initiative scheduling local government elections special election rules initiative measure voting 88-day minimum timeframe next statewide election regular local election special election timing governing body discretion ballot appearance scheduling
Section § 1410
This section states that if a county or city referendum qualifies according to the law, the vote should take place at the next scheduled election, as long as it's at least 88 days after the election is ordered. Alternatively, a special election can be called specifically for the referendum, under the same timing rule.
The election for a county or municipal referendum that qualifies pursuant to Section 9144 or 9237 shall be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election or at a special election called for that purpose not less than 88 days after the date of the order of election.
county referendum municipal referendum Section 9144 Section 9237 election timing order of election regular election special election 88 days requirement local ballot measures referendum vote election scheduling initiative process local government elections jurisdiction elections
Section § 1415
If a city wants to change its charter, it can present the proposal to voters at the next statewide general election, as long as it's at least 88 days after the election is ordered. However, if the proposal doesn't affect local government employees or retirees, or is needed to meet legal requirements, it can also be voted on at other general or primary elections.
If citizens gather enough signatures (15% of city voters or 10% of city and county voters), their proposal will also go to a vote at the next appropriate election, given the 88-day rule.
(a)Copy CA Elections Code § 1415(a)
(1)Copy CA Elections Code § 1415(a)(1) Except as provided in paragraph (2), a city or city and county charter proposal proposed by the governing body of a city or city and county on its own motion that qualifies pursuant to Section 9255 shall be submitted to the voters at the next established statewide general election pursuant to Section 1200 occurring not less than 88 days after the date of the order of election.
(2)CA Elections Code § 1415(a)(2) The governing body of a city or city and county may direct that either of the following be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or
statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election:
(A)CA Elections Code § 1415(a)(2)(A) A charter proposal that proposes to amend a charter in a manner that does not alter any procedural or substantive protection, right, benefit, or employment status of any local government employee or retiree or of any local government employee organization.
(B)CA Elections Code § 1415(a)(2)(B) A charter proposal that proposes to amend a charter solely to comply with a court injunction or consent decree or with federal or state voting rights laws.
(b)CA Elections Code § 1415(b) A city or city and county charter proposal that proposes to amend or repeal
a charter and is proposed by a petition signed by 15 percent of the registered voters of a city or 10 percent of the registered voters of a city and county, pursuant to subdivision (c) of Section 9255, shall be submitted to the voters at the next regularly scheduled general municipal election pursuant to Section 1301, or at any established statewide general or statewide primary election pursuant to Section 1200 or 1201, occurring not less than 88 days after the date of the order of election.
city charter proposal city and county charter governing body local government employee registered voters election order statewide general election statewide primary election general municipal election court injunction consent decree voting rights laws petition process charter amendment procedural protection
