Section § 8140

Explanation

If a candidate for a nonpartisan office wins more than half of the votes in the primary election, they are automatically elected to that position. If there are multiple positions available and more candidates receive majority votes than there are positions, the candidates with the highest votes win. If someone wins this way in the primary, the office won't be on the general election ballot, even if the winner drops out later.

Any candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving a majority, and equal in number to the number to be elected.
Where a candidate has been elected to a nonpartisan office at the primary election, that office shall not appear on the ballot at the ensuing general election, notwithstanding the death, resignation, or other disqualification of the candidate at a time subsequent to the primary election.

Section § 8141

Explanation

If there are still open seats for a nonpartisan office after the primary election, the candidates who didn't win in the primary but received the most votes will go on to the next election. The number of these candidates will be twice the number of seats still open, unless there aren't enough candidates left, in which case all remaining candidates run.

If no candidate has been elected to a nonpartisan office pursuant to Section 8140 or if the number of candidates elected at the primary election is less than the total number to be elected to that office, then candidates for that office at the ensuing election shall be those candidates not elected at the primary who received the next highest number of votes cast for nomination to that office, equal in number to twice the number remaining to be elected to that office, or less, if the total number of candidates not elected is less.

Section § 8141.5

Explanation

This law section explains that for voter-nominated offices in California, only the top two candidates with the most votes from the primary election will appear on the general election ballot. It doesn't matter what party preference they have, and multiple candidates from the same party can be on the ballot. However, getting the most votes in the primary doesn't make a candidate an official party nominee.

Except as provided in subdivision (b) of Section 8142, only the candidates for a voter-nominated office who receive the highest or second highest number of votes cast at the primary election shall appear on the ballot as candidates for that office at the ensuing general election. More than one candidate with the same party preference designation may participate in the general election pursuant to this subdivision. Notwithstanding the designation made by the candidate pursuant to Section 8002.5, no candidate for a voter-nominated office shall be deemed to be the official nominee for that office of any political party, and no party is entitled to have a candidate with its party preference designation participate in the general election unless that candidate is one of the candidates receiving the highest or second highest number of votes cast at the primary election.

Section § 8142

Explanation

This law explains how tie votes are handled in California elections. If there's a tie among nonpartisan candidates, they all move on to the general election, irrespective of any candidate limit, and the tie isn't broken by chance. For voter-nominated offices during a primary, if candidates tie with the highest votes, they all go to the general election, bypassing any limits. If there's a tie for second place, those candidates also proceed to the general election with the first-place candidate, ignoring the usual candidate limit. Importantly, ties are never broken by random methods.

(a)CA Elections Code § 8142(a) In the case of a tie vote, nonpartisan candidates receiving the same number of votes shall be candidates at the ensuing general election if they qualify pursuant to Section 8141 whether or not there are more candidates at the general election than prescribed by this article. In no case shall the tie be determined by lot.
(b)CA Elections Code § 8142(b) In the case of a tie vote among candidates at a primary election for a voter-nominated office, the following applies:
(1)CA Elections Code § 8142(b)(1) All candidates receiving the highest number of votes cast for any candidate shall be candidates at the ensuing general election whether or not there are more candidates at the general election than prescribed by this article.
(2)CA Elections Code § 8142(b)(2) Notwithstanding Section 8141.5, if a tie vote among candidates results in more than one primary candidate qualifying for the general election pursuant to subdivision (a), candidates receiving fewer votes shall not be candidates at the general election, even if they receive the second highest number of votes cast.
(3)CA Elections Code § 8142(b)(3) If only one candidate receives the highest number of votes cast but there is a tie vote among two or more candidates receiving the second highest number of votes cast, each of those second-place candidates shall be a candidate at the ensuing general election along with the candidate receiving the highest number of votes cast, regardless of whether there are more candidates at the general election than prescribed by this article.
(4)CA Elections Code § 8142(b)(4) In no case shall the tie be determined by lot.

Section § 8143

Explanation

If not enough candidates are elected to fill a nonpartisan office during a primary election, a list of remaining candidates who received the most votes is created for the final election ballot. This list will show up to twice the number of open positions remaining or fewer if there aren't enough candidates. The ballot will indicate how many positions still need to be filled.

If the number of candidates elected at a primary election to any nonpartisan office is less than the number of persons to be elected to that office, there shall be printed on the ballot, in a group, only the names of the other candidates receiving the next highest number of votes for nomination to that office as may equal twice the number of persons remaining to be elected to that office, or a smaller number if the list of candidates is exhausted. This group shall be preceded by the designation of the office and the words “vote for ____,” the blank being filled by a number equal to the number of persons remaining to be elected to that office.

Section § 8144

Explanation

This law states that in county or Assembly district elections, the candidates who receive the most votes for the available spots on the county central committee will be declared the winners.

The candidates for election to membership on the county central committee, equal in number to the number to be elected, receiving the highest number of votes in their supervisorial district or Assembly district, as the case may be, shall be declared elected.

Section § 8145

Explanation

In any county or city, the officials responsible for reviewing election results must provide nomination certificates to candidates who are officially nominated for nonpartisan positions that are voted on entirely within that county.

It is the duty of the officers charged with the canvass of the returns of any primary election in any county or city to issue certificates of nomination to candidates nominated for nonpartisan offices voted for wholly within one county.

Section § 8146

Explanation

Once the counting of votes from a primary election is finished, local officials like county or city officers must quickly issue official documents confirming who has been nominated or elected.

Certificates of nomination or election issued by county or municipal officers shall be issued immediately upon the completion of the canvass of the returns at the primary election.

Section § 8147

Explanation

This law states that the Secretary of State must provide official nomination certificates to candidates who have been nominated for certain political offices. These offices include Representatives in Congress, State Senate and Assembly members, State Board of Equalization members, and all statewide offices.

The Secretary of State shall issue certificates of nomination to candidates nominated for Representatives in Congress, Members of the State Senate and Assembly, members of the State Board of Equalization, and for all statewide offices.

Section § 8147.5

Explanation

This law requires that between 73 and 90 days before a general election, the Secretary of State must inform candidates for certain offices about who else will appear on the ballot for the same position. The information shared includes names, addresses, offices, ballot designations, and party preferences of all other candidates.

Not less than 73 days, and not more than 90 days, before the general election, the Secretary of State shall notify each candidate for partisan office and voter-nominated office of the names, addresses, offices, ballot designations, and party preferences of all other persons whose names are to appear on the ballot for the same office at the general election.

Section § 8148

Explanation

At least 68 days before a general election, the Secretary of State must send a certificate to the county elections official. This certificate includes the names of all candidates who will appear on the ballot in that county, the office they are running for, and their ballot designation. For partisan office nominees, it also lists the party that nominated them. For voter-nominated offices, it includes the candidate's chosen designation.

Not less than 68 days before the general election, the Secretary of State shall deliver to the appropriate county elections official a certificate showing:
(a)CA Elections Code § 8148(a) The name of every person entitled to receive votes within that county at the general election who has received the nomination as a candidate for public office pursuant to this chapter, the designation of the public office for which he or she has been nominated, and, if applicable, the ballot designation specified in accordance with Section 13107.
(b)CA Elections Code § 8148(b) For each nominee for a partisan office, the name of the party that has nominated him or her.
(c)CA Elections Code § 8148(c) For each nominee for a voter-nominated office, the designation made by the candidate pursuant to Section 8002.5.

Section § 8149

Explanation

This law section explains that the Secretary of State is responsible for certifying and sending out lists of candidates running for each office. These lists are organized by Assembly districts, following specific rules. If a county has several Assembly districts, separate lists are sent for each district.

The Secretary of State shall certify and transmit the list of candidates for each office according to Assembly districts, in the order of arrangement prescribed by Chapter 2 (commencing with Section 13100) of Division 13. In the case of each county containing more than one Assembly district, he or she shall transmit separate lists for each Assembly district.

Section § 8150

Explanation

This law section states that the Secretary of State must provide a certificate that lists candidates who were nominated or chosen during a primary election, as well as justices of the Supreme Court and courts of appeal, to be placed on the general election ballot. The exact form of this certificate is determined by the Secretary of State.

The certificate of the Secretary of State showing candidates nominated or selected at a primary election, and justices of the Supreme Court and courts of appeal to appear on the general elections ballot, shall be in a form prescribed by the Secretary of State.