Elections to Fill VacanciesNomination of Candidates for Legislative and Congressional Offices at Special Elections
Section § 10700
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.
Section § 10701
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.
Section § 10702
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.
Section § 10703
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.
Section § 10704
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.
Section § 10705
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.
Section § 10706
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.
Section § 10707
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.