Elections to Fill VacanciesVacancies in Congressional Offices Caused by Catastrophe
Section § 10730
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.
Section § 10731
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.
Section § 10732
If a disaster happens, the Governor has seven days to announce a special election as outlined in another section of the law.
Section § 10733
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.
Section § 10734
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.
Section § 10735
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.