Resignations and VacanciesVacancies
Section § 1770
This law outlines the situations in which a public office in California can become vacant before the term is over. It lists several events that can lead to a vacancy, such as the officeholder's death, mental or physical incapacity, resignation, removal, moving away from the required area, extended absence without permission, neglecting to perform duties, conviction of a crime, not filing the necessary oath or bond, having their election or appointment declared void, failing to provide additional bond if required, and being committed to a hospital for addiction issues.
Additionally, if an officeholder is on the federal Excluded Parties List System, certain conditions must be met for their office to be declared vacant, including holding their position by virtue of another office or appointment and participating in transactions covered by federal law without proper exception.
Section § 1770.1
If someone is convicted and loses their right to hold a public office in California, this disqualification or the loss (forfeiture) of their current office still stands even if they appeal the conviction or win the appeal later. Simply starting or winning an appeal won't change the fact that they can't hold the office post-conviction.
Section § 1770.2
If someone in California has been found guilty or pleads guilty to a crime that affects their ability to hold a public office, they cannot take up the office or are immediately suspended from it. During this suspension, they lose all benefits and powers of the office, like salary and authority.
However, if the court later overturns the guilty plea or verdict, the person can return to the office and regain all benefits that would have accrued during the suspension, except interest on any payments.
Section § 1771
If an officer is removed, declared insane, convicted of a crime related to their duties, or if their election or appointment is voided, the authority involved in the proceedings must notify the appropriate person or body responsible for filling that vacant position.
If a vacancy occurs for another reason stated in a different section, the local agency where the vacancy happens has to notify whoever is authorized to fill that spot.
Section § 1772
If a government office becomes vacant and there's no specific process in place to fill it, the Governor will appoint someone to the position. This appointment lasts until the end of the next legislative session or until the next public election.
Section § 1773
If a vacancy happens in the office of a U.S. Representative or a state legislator, the Governor has 14 days to announce a special election to fill the spot. However, if a congressional seat becomes vacant late in the term after nominations have closed, the Governor can choose to hold a special election. But for state legislative seats, no special election is held if the vacancy occurs late in the term after the nomination period ends.
The Governor must formally announce this election, using an official document, and send it to local election officials where the vote will take place.
Section § 1773.5
This law states that if a U.S. Representative from California disappears, as defined by a specific section of the Elections Code, it is considered that their position is vacant. This is on top of any other rules that might apply to such situations.
Section § 1774
This law explains the process for appointing or reappointing someone to a government office that requires approval by the Governor and the Senate. When an office becomes vacant or the current term expires, the Governor has the authority to appoint or reappoint someone, who can serve temporarily without Senate approval. The Governor must submit the appointee's name to the Senate within a set timeframe. If the Senate doesn't confirm the appointment within 365 days, the office becomes vacant.
The Governor has 60 days after a term expires to reappoint the current officeholder; otherwise, the position is considered vacant. Similarly, if the Governor doesn't notify the Senate of a new appointment within the appropriate time, the position is also deemed vacant. Finally, if the Senate refuses or fails to confirm the individual within a year, the office is immediately vacant after the period ends.
Section § 1774.1
This law states that when the Governor appoints someone to a public office and the appointment needs the Senate's approval, once the Senate confirms it within the required time, the appointment is complete. The Governor does not need to issue any additional documents to finalize the appointment.
Section § 1774.2
This law explains how the time served by a person in a government office is counted towards their term, especially when they have been reappointed or resigned. If someone is reappointed before their term officially ends, all their time in office is counted. If they resign and are reappointed within a year, again, the time served before and after resignation counts. However, if they are reappointed more than a year after leaving the office, it's treated as a completely new appointment.
Section § 1774.3
This law states that for any group with multiple members, such as a board or committee, every position is considered an 'office'. This is true regardless of what the job's qualifications, term length, or duties are.
Section § 1774.5
This law states that if a government position is officially considered vacant under Section 1774, the person who used to hold that position can't keep doing the job or get paid for it. Also, the Governor is not allowed to reappoint that person to the same position for one year after it's declared vacant.
Section § 1774.7
This law clarifies when certain provisions apply to people appointed to government positions in California around the transition of a new governor. Essentially, if you were appointed before January 1, 1981, certain deadlines won't start until that date. If a governor takes office in January, some deadlines for current officeholders are delayed until February 1 of that year. The law intends to have specific sections take precedence over other conflicting laws unless another statute directly states otherwise.
Section § 1775
When there's an empty spot in certain key state positions like the Superintendent of Public Instruction or other roles named, the Governor picks someone to fill it. The person starts once the Senate and Assembly confirm them, and they serve the rest of the original term. If the Senate and Assembly don't act within 90 days, the nominee automatically takes the job as if approved unless the Legislature is on a break, in which case the period is longer. Meanwhile, the main deputy of these officials temporarily handles their duties until the spot is filled.
Section § 1776
If someone is appointed by the Governor, or by the Governor with the Senate's approval, to fill a vacancy or delay in office, they'll only serve the rest of the current term. This is unless the Constitution says otherwise.
Section § 1777
When someone is elected or appointed to replace an official who left their position, they immediately have all the same rights and responsibilities as the person they are replacing, as long as they have filed their oath and bond.
Section § 1778
If there's an empty seat in an appointed position on the governing board of a special district, the county's board of supervisors, where most of the district is located, will appoint someone to fill it. However, this rule applies only if the act that created the district does not specify a different way to make appointments.
Section § 1779
When someone leaves their position on the appointed governing board of a special district, the authority responsible for appointments has 90 days to find a replacement. If they don't, then the local county's board of supervisors can step in to appoint someone to fill the vacancy.
Section § 1780
This law outlines how vacancies on the governing boards of special districts in California should be filled. If there is a vacancy, the district must notify the county elections official within 15 days. The remaining board members have 60 days to fill the vacancy either by appointing someone or by calling an election. If the vacancy occurs early in the term, an election might be needed sooner to fill the position for the balance of the term. If the board doesn't act in time, the city council or county supervisors can make an appointment or call an election. If board members fall below a quorum, they will expedite the filling process. Timing and the stage of the term affect whether an appointment or election will hold the position until the term's end.
Section § 1781
This section specifies that the rules outlined in Section 1780 do not apply to certain types of districts. Specifically, it exempts school districts, districts related to public utilities, and water districts defined under specific sections of the Public Utilities Code and Water Code.
Section § 1782
This law explains what happens when there's an empty spot or a position is removed on a state board or commission. The board or commission has to inform the right authority about the vacancy. Then, that authority must tell the person who used to hold that seat that they can't serve anymore. However, unless stated otherwise in a different law, the person can keep serving until they are officially notified by the authority.