Section § 10730

Explanation

This law outlines the steps for organizing a special election to fill a U.S. House of Representatives seat vacancy due to a catastrophe. It states that standard procedures from another law section apply unless they conflict with what's outlined here or federal law.

(a)CA Elections Code § 10730(a) This chapter provides the procedures for nomination and election of candidates at a special election to fill vacancies in the House of Representatives caused by a catastrophe.
(b)CA Elections Code § 10730(b) The procedures provided by Chapter 1 (commencing with Section 10700) shall apply to special elections to the extent those provisions are not inconsistent with this chapter or Section 8 of Title 2 of the United States Code.

Section § 10731

Explanation

This section defines key terms related to vacancies in the U.S. House of Representatives due to catastrophes. A "catastrophe" refers to a natural or man-made event causing a vacancy in at least 101 House seats, including at least one from California, or at least a quarter of California's representation. A "vacancy" is the result of a Representative's death or disappearance due to such an event. "Disappearance" is when it can't be confirmed if a Representative survived the catastrophe.

For purposes of this chapter, the following terms have the following meanings:
(a)CA Elections Code § 10731(a) “Catastrophe” means a natural or man-made event that causes a vacancy in at least 101 of the offices of the United States House of Representatives, including at least one of the offices representing California, or at least one-fourth of the total number of offices representing California.
(b)CA Elections Code § 10731(b) “Vacancy” means the death or disappearance, as a result of a catastrophe, of a Representative in Congress.
(c)CA Elections Code § 10731(c) “Disappearance” means the inability to establish conclusively whether a Representative in Congress has survived a catastrophe.

Section § 10732

Explanation

If a disaster happens, the Governor has seven days to announce a special election as outlined in another section of the law.

Within seven calendar days of a catastrophe, the Governor shall issue a proclamation calling a special election pursuant to Section 10703.

Section § 10733

Explanation

This law explains what happens when a massive disaster causes a large number of vacancies in the U.S. House of Representatives, including in California. If at least 101 seats are empty, and a California seat is involved, a special election must be held within 49 days of the vacancy announcement. The California Governor must call for this election within one day of the announcement. If fewer than 101 seats are affected but at least a quarter of California's representatives are, a special election still must happen within 49 days of the Governor's announcement.

The special election can be scheduled up to 75 days later if it aligns with another local or statewide election where at least half the voters are eligible to vote for the vacancy. However, if a regularly scheduled general election or another special election for the same position is set to occur within 75 days, then the election due to the catastrophe does not have to be held.

(a)CA Elections Code § 10733(a) In the event of a catastrophe that causes a vacancy in at least 101 of the offices of the United States House of Representatives, including at least one of the offices representing California, a special election to fill a vacancy in the office of Representative in Congress shall be conducted on a Tuesday not more than 49 days following the announcement of the vacancy by the Speaker of the United States House of Representatives pursuant to subsection (b) of Section 8 of Title 2 of the United States Code. Notwithstanding Section 10732, the Governor shall issue a proclamation calling the special election within one day of the Speaker of the United States House of Representatives announcing the vacancy. In the event of a catastrophe that causes a vacancy in at least one-fourth of the total offices of the United States House of Representatives representing California but not a vacancy in at least 101 of the offices of the United States House of Representatives, the special election shall occur on a Tuesday not more than 49 days following the issuance of an election proclamation by the Governor.
(b)CA Elections Code § 10733(b) A special election may be conducted within 75 days following the proclamation in order that the special election may be consolidated with the next regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.
(c)CA Elections Code § 10733(c) A special election to fill a vacancy caused by a catastrophe that causes vacancies in at least 101 of the offices of the United States House of Representatives pursuant to subdivision (a) shall not be conducted if any of the following is scheduled to occur within 75 days of the Speaker of the United States House of Representatives calling the vacancy:
(1)CA Elections Code § 10733(c)(1) A regularly scheduled general election for the vacant office.
(2)CA Elections Code § 10733(c)(2) A special election for the vacant office, conducted pursuant to a proclamation issued by the Governor prior to the date on which the Speaker of the United States House of Representatives announced the vacancy.

Section § 10734

Explanation

This law explains that a special primary election will not be held for a special general election. Instead, candidates for the special general election are nominated according to specific rules. Nomination papers can be started 46 days before the election and must be submitted to the county elections official at least 39 days prior. They must then be filed with the Secretary of State no later than 35 days before the election.

A special primary election shall not be held for a special general election conducted pursuant to this chapter. Candidates at the special general 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 46 days before the special general election, shall be left with the county elections official for examination not less than 39 days before the special general election, and shall be filed with the Secretary of State not less than 35 days before the special general election.

Section § 10735

Explanation

This law is about handling special elections when a disaster causes many vacancies in the U.S. House of Representatives. If 101 or more seats are vacant, county election officials must deliver vote-by-mail ballots within 15 days of the Speaker of the House declaring the vacancies. If the vacancies are only in California and are at least one-fourth of the California seats, ballots must be sent within 15 days of the Governor's election call.

Mail-in ballots must be postmarked by Election Day and received within 45 days after being sent to voters. The law also allows for extending deadlines related to counting votes and announcing election results if needed, with the Secretary of State's approval.

(a)Copy CA Elections Code § 10735(a)
(1)Copy CA Elections Code § 10735(a)(1) In the case of a special election due to a catastrophe that causes a vacancy in at least 101 offices of the United States House of Representatives, the county elections official shall, to the greatest extent practicable, deliver vote by mail ballots requested pursuant to Chapter 2 (commencing with Section 3101) of Division 3 not later than 15 days after the date on which the Speaker of the United States House of Representatives announces the vacancy.
(2)CA Elections Code § 10735(a)(2) In the case of a special election due to a catastrophe that causes a vacancy in at least one-fourth of the total offices of the United States House of Representatives representing California but not a vacancy in at least 101 of the offices of the United States House of Representatives, the county elections official shall, to the greatest extent practicable, deliver vote by mail ballots requested pursuant to Chapter 2 (commencing with Section 3101) of Division 3 not later than 15 days after the date on which the Governor issues the proclamation calling the election to fill the vacancy.
(b)CA Elections Code § 10735(b) A vote by mail ballot cast pursuant to Chapter 2 (commencing with Section 3101) of Division 3 in a special general election conducted pursuant to this chapter shall be postmarked not later than the date of the election, shall be received by the county elections official not later than 45 days after the date on which the elections official transmitted the ballot to the voter, and shall comply with all other relevant requirements of this code.
(c)CA Elections Code § 10735(c) Notwithstanding any other provision of law, any deadlines relating to canvassing, announcement of election results, or certification of election results may be extended for a reasonable period of time to facilitate the tabulating and processing of ballots cast pursuant to Chapter 2 (commencing with Section 3101) of Division 3. An extension of a deadline pursuant to this section must be authorized by the Secretary of State.