Section § 10700

Explanation

This law requires the Governor of California to officially announce all statewide special elections through a formal statement. If there's a vacancy in a congressional or legislative position, the Governor must announce a special election within 14 days to fill it. A copy of this announcement should be sent to the relevant county boards.

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.

Section § 10701

Explanation

If a congressional seat becomes vacant in the final year of the term, after candidates can no longer be nominated, the Governor can choose not to call a special election. Similarly, if a legislative seat becomes vacant under the same circumstances, no special election will be held.

(a)CA Elections Code § 10701(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)CA Elections Code § 10701(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.

Section § 10702

Explanation

This law outlines how candidates are nominated and elected during special elections to fill empty seats in Congress, the State Senate, or the Assembly. However, there are some exceptions which are detailed in another section starting with Section 10730.

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.

Section § 10703

Explanation

This law explains how special elections are scheduled when there's a vacancy in the offices of U.S. Representative, State Senator, or Assembly Member in California. Generally, these elections must occur on a Tuesday between 126 and 140 days after the Governor announces one. However, if the election can be combined with another election in the same area, it can be held within 200 days after the announcement. Additionally, these elections should not take place the day after a state holiday unless other sections (starting with Section 10730) say otherwise.

(a)Copy CA Elections Code § 10703(a)
(1)Copy CA Elections Code § 10703(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)CA Elections Code § 10703(a)(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)CA Elections Code § 10703(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.

Section § 10704

Explanation

This law outlines how and when special primary elections should be held to fill a vacancy in a district. Generally, these elections are held on the 9th Tuesday before the special general election, unless that day falls on or after a state holiday, then it's the 10th Tuesday. However, if the 10th Tuesday is a known election date and another election is happening in the area, the primary is held then. Candidates must file nomination papers within specific time frames, and if any candidate secures over 50% of the votes in the primary, they win automatically without a general election.

The law also requires the ballot to explain it's a voter-nominated office, meaning all voters can vote, regardless of their party, and notes that candidates' listed party preferences don't equal endorsements.

(a)CA Elections Code § 10704(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)CA Elections Code § 10704(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)CA Elections Code § 10704(b)(1) The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.
(2)CA Elections Code § 10704(b)(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)CA Elections Code § 10704(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)CA Elections Code § 10704(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.”

Section § 10705

Explanation

This law section explains how elections are determined. If a candidate wins more than half the votes, they are elected right away without needing another election. If there's only one candidate on the ballot for a special election, that candidate automatically wins, and no other election is needed.

(a)CA Elections Code § 10705(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)CA Elections Code § 10705(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.

Section § 10706

Explanation

This law section outlines what happens in a special primary election if no one gets more than half the votes. The top two candidates with the most votes will move on to the special general election. If there's a tie, a different rule found in another section will determine what to do next.

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.

Section § 10707

Explanation

When there's a special election to fill a vacant Congressional or State Legislature seat and it's combined with a statewide election, the candidates for the vacant seat will appear first on the ballot, just before the candidates running for the similar seat in the regular election. Alternatively, election officials can choose to provide a separate ballot for these candidates.

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.