Section § 15400

Explanation

This law states that the governing body, like a city council, must officially declare who has been elected or nominated for each position based on who received the most votes. This is a straightforward duty without any personal judgment involved. It also requires the governing board to formally announce the result of any ballot measures voted on during the election.

(a)CA Elections Code § 15400(a) It is the ministerial and nondiscretionary duty of the governing body to declare elected or nominated to each office voted on at each election under its jurisdiction the person having the highest number of votes for that office, or who was elected or nominated under the exceptions noted in Section 15452.
(b)CA Elections Code § 15400(b) It is the ministerial and nondiscretionary duty of the governing board to declare the results of each election under its jurisdiction as to each measure voted on at the election.

Section § 15401

Explanation

If you've been elected or nominated to a position (except for a central committee), the elections official will give you a certificate confirming this. The certificate will be signed and verified by the official.

The elections official shall make out and deliver to each person elected or nominated, as declared by the governing body, except those elected to a central committee, a certificate of election or nomination, signed and authenticated by the elections official.

Section § 15402

Explanation

If a candidate dies after 68 days before an election, for any non-voter-nominated office or voter-nominated office, the votes for that candidate still count. If they win, they're considered elected, but the office starts vacant. This vacancy is filled just like if they had died after starting the job.

(a)CA Elections Code § 15402(a) Whenever a candidate whose name appears upon the ballot at any election for an office other than a voter-nominated office dies after the 68th day before the election, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.
(b)CA Elections Code § 15402(b) Whenever a candidate whose name appears on the ballot at any election for a voter-nominated office dies, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office at the general election, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.