Except as provided in Section 8020.5, a candidate whose declaration of candidacy has been filed for any primary election shall not withdraw as a candidate at that primary election.
Part 4WITHDRAWAL OF CANDIDATES: VACANCIES
Section § 8800
Once a candidate submits their declaration to run in a primary election, they can't back out of the race, unless there's an exception mentioned in another section (Section 8020.5).
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Section § 8801
Once a candidate is nominated in a primary election, they cannot withdraw from the upcoming general election unless this part of the law specifically allows it.
No candidate nominated at any primary election may withdraw as a candidate at the ensuing general election except those candidates permitted to withdraw by this part.
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Section § 8803
If a candidate for a nonpartisan office dies at least 68 days before a general election, their spot on the ballot can be filled. However, no new candidates can be added if a candidate for a voter-nominated office dies before the election. The deceased candidate's name stays on the ballot, and any votes they receive are counted. If they win, the office is declared vacant at the start of the term, and the vacancy is filled as if they died after taking office.
(a)CA Elections Code § 8803(a) No vacancy on the ballot for a nonpartisan office at a general election shall be filled except if the candidate dies and that fact has been ascertained by the officer charged with the duty of printing the ballots at least 68 days before the date of the next ensuing general election.
(b)CA Elections Code § 8803(b) No vacancy on the ballot for a voter-nominated office at a general election shall be filled. If a candidate who is entitled to appear on the general election ballot dies, the name of that candidate shall appear on the general election ballot and any votes cast for that candidate shall be counted in determining the results of the election for that office. If the deceased candidate receives a
majority of the votes cast for the office, he or she shall be considered elected to that office and the office shall be considered vacant at the beginning of the term for which the candidate was elected. The vacancy shall be filled in the same manner as if the candidate had died after taking office for that term.
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Section § 8804
If someone running for superior court judge gets nominated during a primary that had at least two other candidates, and then they get appointed to a federal or state office, they can ask to be removed from the ballot for the general election. But they have to make this request at least 68 days before the general election.
If their name is taken off the ballot, then the two candidates who got the most votes in the primary will run against each other in the general election.
Notwithstanding Sections 8803 and 8810, any candidate who has been nominated at any primary election for superior court judge in which election there were at least two other candidates and who, after the date prescribed for the filing of declaration of candidacy pursuant to Article 2 (commencing with Section 8020) of Chapter 1 of Part 1, has been appointed to any federal or state office, may request the county elections official to have his or her name removed from the ballot of the next ensuing general election. If the request is received by the county elections official at least 68 days before the next ensuing general election, the county elections official shall remove the candidate’s name from the ballot.
If a candidate’s name is removed from the ballot pursuant to this section, the two remaining candidates who received the highest number of votes cast on all the ballots of all the voters participating in the primary election for nomination for that office of superior court judge shall be the candidates for that office at the ensuing general election, and their names as candidates for that office shall be placed on the official ballot at the ensuing election.
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Section § 8805
If a candidate running for a nonpartisan position dies before or on the day of the primary election but receives enough votes to be nominated, there's a vacancy on the general election ballot. This vacancy is filled according to specific rules in another law section.
For a voter-nominated office, if a candidate dies but still gets enough votes to be nominated, their name will still appear on the general election ballot, and the election will follow set procedures from a different legal section.
(a)CA Elections Code § 8805(a) Whenever a candidate for nomination for a nonpartisan office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until after the election, a vacancy exists on the general election ballot, which shall be filled in the manner provided in Section 8807 for filling a vacancy caused by the death of a candidate.
(b)CA Elections Code § 8805(b) Whenever a candidate for nomination for a voter-nominated office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until
after the election, the name of the deceased candidate shall appear on the general election ballot and the general election shall proceed in accordance with subdivision (b) of Section 8803.
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Section § 8807
If a candidate who won a place on the general election ballot for a nonpartisan office drops out after the primary election, the candidate with the next highest votes from that primary will take their spot on the ballot.
If the vacancy occurs among candidates chosen at the direct primary to go on the ballot for the succeeding general election for a nonpartisan office, the name of that candidate receiving at the primary election the next highest number of votes shall appear on the ballot to fill the vacancy.
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Section § 8808
If a candidate passes away, their spot can be filled by another person. The name of the new candidate must be officially given to the person responsible for printing the election ballots at least 68 days before the election day.
A vacancy authorized to be filled because of the death of a candidate shall be filled, and the name of the person named to fill the vacancy shall be certified to the officer charged with the duty of printing the ballots, 68 days before the day of election.
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Section § 8809
If a candidate has announced they are running in a primary election and hasn't withdrawn their candidacy, their name will appear on the ballot. The only exception is if the candidate dies and this is confirmed by the official who prepares the ballots at least 68 days before the election.
Whenever a candidate has declared a candidacy for a primary election and has not withdrawn pursuant to Section 8020.5, the candidate’s name shall be printed upon the ballot for the primary election, 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.
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Section § 8810
This law states that if a candidate is nominated in a primary election and has filed the necessary paperwork, their name will appear on the general election ballot. However, if the candidate passes away and the responsible election official is informed at least 68 days before the election, then the candidate's name will not be printed on the ballot.
Whenever a candidate has been nominated at any primary election after having filed a declaration of candidacy, the name of the candidate shall be printed upon the ballot for the ensuing general election 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 election.
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Section § 8811
If a candidate passes away and their political party's committee picks someone else for the position, they must file a certificate confirming this choice. This certificate needs to be submitted to the same office where a candidate would normally file their intention to run. After paying the required filing fee, the new candidate is officially recognized, just like the original candidate was.
Whenever, upon the death of any candidate, the vacancy created is filled by a party committee, a certificate to that effect shall be filed with the officer with whom a declaration of candidacy for that office may be filed, and, upon payment of the filing fee applicable to the office, shall be accepted and acted upon by that officer as in the case of an original declaration certificate.
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