2005 California Government Code Sections 1770-1782 Article 2. Vacancies

GOVERNMENT CODE
SECTION 1770-1782

1770.  An office becomes vacant on the happening of any of the
following events before the expiration of the term:
   (a) The death of the incumbent.
   (b) An adjudication pursuant to a quo warranto proceeding
declaring that the incumbent is physically or mentally incapacitated
due to disease, illness, or accident and that there is reasonable
cause to believe that the incumbent will not be able to perform the
duties of his or her office for the remainder of his or her term.
This subdivision shall not apply to offices created by the California
Constitution nor to federal or state legislators.
   (c) His or her resignation.
   (d) His or her removal from office.
   (e) His or her ceasing to be an inhabitant of the state, or if the
office be local and one for which local residence is required by
law, of the district, county, or city for which the officer was
chosen or appointed, or within which the duties of his or her office
are required to be discharged.
   (f) His or her absence from the state without the permission
required by law beyond the period allowed by law.
   (g) His or her ceasing to discharge the duties of his or her
office for the period of three consecutive months, except when
prevented by sickness, or when absent from the state with the
permission required by law.
   (h) His or her conviction of a felony or of any offense involving
a violation of his or her official duties.  An officer shall be
deemed to have been convicted under this subdivision when trial court
judgment is entered.  For the purposes of this subdivision, "trial
court judgment" means a judgment by the trial court either sentencing
the officer or otherwise upholding and implementing the plea,
verdict, or finding.
   (i) His or her refusal or neglect to file his or her required oath
or bond within the time prescribed.
   (j) The decision of a competent tribunal declaring void his or her
election or appointment.
   (k) The making of an order vacating his or her office or declaring
the office vacant when the officer fails to furnish an additional or
supplemental bond.
   (l) His or her commitment to a hospital or sanitarium by a court
of competent jurisdiction as a drug addict, dipsomaniac, inebriate,
or stimulant addict; but in that event the office shall not be deemed
vacant until the order of commitment has become final.
1770.1.  The disqualification from holding office upon conviction,
as provided in Section 1021, or the forfeiture of office upon
conviction, as provided in subdivision (h) of Section 1770 and
Section 3000, is neither stayed by the initiation of an appeal from
the conviction, nor set aside by the successful prosecuting of an
appeal from the conviction by the person suffering the conviction.
1770.2.  Upon the entry of a plea of guilty, the entry of a plea of
nolo contendere, or the rendering of a verdict of a guilty either by
a jury or by the court sitting without a jury of a public offense,
the conviction of which would invoke the provisions of Section 1021,
subdivision (h) of Section 1770, or Section 3000, the person found
guilty shall not assume the office for which the person is otherwise
qualified or shall be suspended immediately from the office the
person then holds.  During the time of inability to assume an office
or of suspension from office, the person shall not be entitled to
receive the emoluments of the office, including, but not limited to,
the exercise of the powers of the office, the rights to be seated in
the office, and the compensation, including benefits, prescribed for
the office.
   In the event the trial court sets aside or otherwise nullifies the
plea or verdict before the trial court judgment is entered, the
inability to assume office or the suspension from holding office
shall be lifted, and the person suspended from office shall be
restored to office with its emoluments, including those that would
have otherwise accrued during the suspension, excluding, however,
interest on any monetary payment.
1771.  When an officer is removed, declared insane, or convicted of
a felony or offense involving a violation of his official duty, or
when his election or appointment is declared void, the body or person
before whom the proceedings are had shall give notice thereof to the
officer empowered to fill the vacancy.
1772.  When any office becomes vacant and no mode is provided by law
for filling the vacancy, the Governor shall fill the vacancy by
granting a commission, to expire at the end of the next session of
the Legislature or at the next election by the people.
1773.  When a vacancy occurs in the office of Representative to
Congress, or in either house of the Legislature, the Governor shall
within 14 calendar days after the occurrence of the vacancy issue a
writ of election to fill the vacancy; provided, that when such
vacancy occurs in a congressional office after the close of the
nomination period in the final year of the term of office, a special
election may be held, at the Governor's discretion; and provided,
further, that when a vacancy occurs in a legislative office after the
close of the nomination period in the final year of the term of
office, no special election shall be held.
   The Governor shall issue the election proclamation under his hand
and the Great Seal of the state, and transmit copies to the board of
supervisors of the counties in which the election is to be held.
1773.5.  In addition to any other applicable provision of law, a
vacancy occurs in the office of Representative in Congress in the
event of his or her disappearance, as defined in subdivision (c) of
Section 10731 of the Elections Code.
1774.  (a) When an office, the appointment to which is vested in the
Governor and Senate, either becomes vacant or the term of the
incumbent thereof expires, the Governor may appoint a person to the
office or reappoint the incumbent after the expiration of the term.
Until Senate confirmation of the person appointed or reappointed,
that person serves at the pleasure of the Governor.  If the term of
office of an incumbent subject to this section expires, the Governor
shall have 60 days after the expiration date to reappoint the
incumbent.  If the incumbent is not reappointed within the 60-day
period, the office shall be deemed to be vacant as of the first day
following the end of the 60-day period.
   (b) With respect to the appointment or reappointment by the
Governor of a person to an office subject to confirmation by the
Senate, the Governor shall submit the name of the person appointed,
or the name of the incumbent reappointed, and the effective date of
the appointment or reappointment to the Senate or, if the Senate is
in recess or has adjourned, to the Secretary of the Senate, within 60
days after the person first began performing the duties of the
office, or, as to the reappointment of an incumbent, within 90 days
after the expiration date of the term.  If the Governor does not
provide the required notification within 60 days after the person
first began performing the duties of the office, or, as to the
reappointment of an incumbent to an office after the expiration date
of the term, within 90 days after the expiration of the term, the
office shall be deemed to be vacant as of the first day immediately
following the end of the applicable period.
   (c) If the Senate either refuses to confirm, or fails to confirm
within 365 days after the day the person first began performing the
duties of the office, or, with respect to an incumbent whose
appointment to that office previously had been confirmed by the
Senate and who is reappointed to that office, within 365 days after
the expiration date of the term, the following shall apply:
   (1) If the Senate refuses to confirm, the person may continue to
serve in that office until 60 days have elapsed since the refusal to
confirm or until 365 days have elapsed since the person first began
performing the duties of the office, whichever occurs first, or with
respect to an incumbent whose appointment to that office previously
had been confirmed by the Senate and who is reappointed to that
office, until 60 days have elapsed since refusal or until 365 days
after the expiration date of the prior term, and the office for which
the appointment was made shall be deemed to be vacant as of the
first day immediately following the end of the applicable period.
   (2) If the Senate fails to confirm within the applicable 365-day
period, the person may not continue to serve in that office, and the
office for which the appointment was made shall be deemed to be
vacant as of the first day immediately following the end of the
365-day period.
1774.1.  Notwithstanding any other provision of law, whenever the
appointment by the Governor of a person to a public office is subject
to confirmation by the Senate, and the Senate confirms the
appointment within the applicable period described in Section 1774,
and the term of office is at the pleasure of the Governor, such
confirmation shall be deemed the last act necessary for appointment
and the Governor shall not be required to issue another commission to
complete the act of appointment.
1774.2.  (a) For any person whose term of office expires prior to
Senate confirmation and who is reappointed to that office, the time
served prior to, as well as subsequent to, the expiration date of the
prior term shall be counted for purposes of Section 1774.
   (b) For any person who resigns an office prior to Senate
confirmation and who is reappointed to that office at any time within
365 days of the resignation, the time served prior to, as well as
subsequent to, the resignation shall be counted for purposes of
Section 1774.
   (c) The subsequent appointment of a person to an office 365 days
or more after the date the person last served in that office shall be
considered a new appointment, and not a reappointment, for purposes
of Section 1774.
1774.3.  With respect to any body or entity having more than one
member, including, but not limited to, a board, commission, or
committee, "office" includes every position on the body or entity,
regardless of qualifications, expiration date of the term, or duties
and responsibilities of the position.
1774.5.  Notwithstanding any other provisions of law, no person
holding an office which is deemed to be vacant pursuant to Section
1774 may, after the time the office has been deemed to be vacant
pursuant to those provisions, continue to discharge the duties of the
office, and no warrant shall be drawn by the Controller for the
payment of any salary or expenses of that person attributable to the
discharge of the duties of the office after that time.  In addition,
the Governor shall not reappoint the person to the same office for a
period of 365 days after the time the office has been deemed to be
vacant.
1774.7.  (a) Sections 1774, 1774.2, 1774.3, and 1774.5 shall apply
to any person appointed, or reappointed, prior to, or on or after,
January 1, 1981, except as follows:
   (1) With respect to any person appointed prior to January 1, 1981,
the 365-day period specified in Section 1774 shall not commence to
run until January 1, 1981.
   (2) With respect to the term of office of an incumbent which
expires during the period from the first Monday after January 1 of
the year a newly elected Governor takes office for the first time,
until January 31 of that year, inclusive, the 60-day period specified
in subdivision (a) of Section 1774 and the 90-day period specified
in subdivision (b) of Section 1774 shall not commence to run until
February 1 of that year.
   (b) It is the intent of the Legislature that Sections 1774,
1774.2, 1774.3, and 1774.5 shall prevail over any contrary special or
general provision of this code, any other code, or any uncodified
statute of this state.  These sections shall be construed as
superseded by another statute only if that statute specifically
provides that these sections shall not apply and expressly refers to
the numbers of the sections superseded.
1775.  Whenever there is a vacancy in the office of the
Superintendent of Public Instruction, the Lieutenant Governor,
Secretary of State, Controller, Treasurer, or Attorney General, or on
the State Board of Equalization, the Governor shall nominate a
person to fill the vacancy who shall take office upon confirmation by
a majority of the membership of the Senate and a majority of the
membership of the Assembly and who shall hold office for the balance
of the unexpired term.  In the event the nominee is neither confirmed
nor refused confirmation by both the Senate and the Assembly within
90 days of the submission of the nomination, the nominee shall take
office as if he or she had been confirmed by a majority of the Senate
and Assembly; provided, that if such 90-day period ends during a
recess of the Legislature, the period shall be extended until the
sixth day following the day on which the Legislature reconvenes.
   After a vacancy has occurred in an office specified in this
section and prior to the time such vacancy is filled as provided in
this section, the chief deputy to the above constitutional officers
shall discharge the duties of the office.
1776.  Except as otherwise provided in the Constitution, when a
person is appointed by the Governor, or by the Governor by and with
the advice and consent of the Senate, either to fill a vacancy in any
office or to fill an office when the appointment is not made until
after the expiration of the preceding term, the appointee holds
office only for the balance of the unexpired term as provided by the
law creating the office.
1777.  After filing his official oath and bond, any person elected
or appointed to fill a vacancy possesses all the rights and powers
and is subject to all the liabilities, duties, and obligations of the
officer whose vacancy he fills.
1778.  A vacancy in any appointive office on the governing board of
a special district shall be filled by appointment by the board of
supervisors of the county in which the larger portion of the district
is located unless, by the terms of the act under which the district
is formed, another method of appointment is expressly provided.
1779.  A vacancy on any appointed governing board of a special
district shall be filled by the appointing authority within 90 days
immediately subsequent to its occurrence.  If no action is taken for
a period of 90 days immediately subsequent to a vacancy on such a
board, the board of supervisors of the county in which the larger
portion of the district is located shall have authority to fill the
vacancy by appointment.
1780.  (a) Notwithstanding any other provision of law, a vacancy in
any elective office on the governing board of a special district,
other than those specified in Section 1781, shall be filled as
provided in this section.  The district shall notify the county
elections official of the vacancy no later than 15 days following
either the date on which the district board is notified of the
vacancy or the effective date of the vacancy, whichever is later.
The remaining district board members may fill the vacancy by
appointment.  The person appointed shall hold office until the next
general district election that is scheduled 130 or more days after
the date the district board is notified of the vacancy, and
thereafter until the person elected at that election to fill the
vacancy has been qualified.  The person elected to fill the vacancy
shall fill the balance of the unexpired term.  If the term of office
is due to expire following the next general district election and
that election is scheduled 130 or more days after the date the county
elections official is notified of the vacancy, the person appointed
to the vacancy shall fill the balance of the unexpired term of his or
her predecessor.  Appointments pursuant to this subdivision shall be
made within a period of 60 days immediately subsequent to either the
date on which the district board is notified of the vacancy or the
effective date of the vacancy, whichever is later, and a notice of
the vacancy shall be posted in three or more conspicuous places in
the district at least 15 days before the appointment is made.  The
county elections official shall be notified of the appointment no
later than 15 days after the appointment.  In lieu of making an
appointment the remaining members of the board may within 60 days of
the date the district board is notified of the vacancy or the
effective date of the vacancy, whichever is later, call an election
to fill the vacancy.  The election shall be held on the next
established election date provided in Chapter 1 (commencing with
Section 1000) of Division 1 of the Elections Code that is 130 or more
days after the date the district board calls the election.
   (b) If the vacancy is not filled by the district board as
specified, or if the board has not called for an election within 60
days of the date the district board is notified of the vacancy or the
effective date of the vacancy, whichever is later, the city council
of the city in which the district is wholly located, or if the
district is not wholly located within a city, the board of
supervisors of the county representing the larger portion of the
district area in which the election to fill the vacancy will be held,
may fill the vacancy within 90 days of the date the district board
is notified of the vacancy or the effective date of the vacancy,
whichever is later, or the city council or county supervisors may
order the district to call an election to fill the vacancy.  The
election shall be held on the next established election date provided
in Chapter 1 (commencing with Section 1000) of Division 1 of the
Elections Code that is 130 or more days after the date the city
council or board of supervisors calls the election.
   (c) (1) If within 90 days of the date the district board is
notified of the vacancy or the effective date of the vacancy,
whichever is later, the remaining members of the board or the
appropriate board of supervisors or city council have not filled the
vacancy and no election has been called for, the district shall call
an election to fill the vacancy.  The election shall be held on the
next established election date provided in Chapter 1 (commencing with
Section 1000) of Division 1 of the Elections Code that is 130 or
more days after the date the district board calls the election.
   (2) If the number of remaining members of the board falls below a
quorum, at the request of the district secretary, or a remaining
board member, the board of supervisors or the city council may waive
the 60-day period provided in subdivision (a) and appoint immediately
to fill the vacancy as provided in subdivision (a), or may call an
election to fill the vacancy.  The election shall be held on the next
established election date provided in Chapter 1 (commencing with
Section 1000) of Division 1 of the Elections Code that is held 130 or
more days after the date the city council or board of supervisors
calls the election.
   The board of supervisors or the city council shall only fill
enough vacancies to provide the board with a quorum.
   (d) Persons appointed to fill a vacancy shall hold office until
the next general district election that is scheduled 130 or more days
after the date the county elections official is notified of the
vacancy and thereafter until the person elected at that election to
fill the vacancy has been qualified, but persons elected to fill a
vacancy shall hold office for the unexpired balance of the term of
office.
1781.  The provisions of Section 1780 shall not apply to a school
district, a district organized pursuant to Division 6 (commencing
with Section 11501) of the Public Utilities Code, or a district
subject to the provisions of Chapter 5 (commencing with Section
22825) of Part 5 of Division 11 of the Water Code.
1782.  Notwithstanding any other provision of the law, whenever a
vacancy occurs on a state board or commission, or a seat on a board
or commission is abolished by statute, the board or commission shall
notify the appropriate appointing authority of this occurrence and
the appropriate appointing authority shall notify the person
occupying the vacated or abolished seat that the person may no longer
serve on the board or commission.  Except as provided in Section
1774, the person occupying the vacated or abolished seat on the board
or commission shall continue to serve until notified by the
appropriate appointing authority.



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