2007 California Elections Code Chapter 1. Nomination Of Candidates For Legislative And Congressional Offices At Special Elections

CA Codes (elec:10700-10707)

10700.  The Governor shall call all statewide special elections by
issuing a proclamation pursuant to Section 12000.  Except as provided
by Chapter 3 (commencing with Section 10730), in the case of a
vacancy in a congressional or legislative office the Governor shall
issue a proclamation, within 14 calendar days of the occurrence of
the vacancy, calling a special election in accordance with Section
10703.  A copy of the proclamation shall be sent to the board of
supervisors of each affected county.



10701.  (a) When a vacancy occurs in a congressional office after
the close of the nomination period in the final year of the term of
office, the Governor may decline to issue an election proclamation at
his discretion.
   (b) 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.


10702.  Except as provided by Chapter 3 (commencing with Section
10730), this chapter provides the procedures for nomination and
election of candidates at any special election to fill a vacancy in
the office of Representative in Congress, State Senator, or Member of
the Assembly.



10703.  (a) A special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of Assembly
shall be conducted on a Tuesday at least 112 days, but not more than
126 days, following the issuance of an election proclamation by the
Governor pursuant to Section 1773 of the Government Code, except that
any special election may be conducted within 180 days following the
proclamation in order that the election or the primary 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.
   (b) Except as provided in Chapter 3 (commencing with Section
10730), a special election or a primary election may not be conducted
on the day after a state holiday.



10704.  (a) A special primary election shall be held in the district
in which the vacancy occurred on the eighth Tuesday or, if the
eighth Tuesday is the day of or the day following a state holiday,
the ninth Tuesday preceding the day of the special general election
at which the vacancy is to be filled. Candidates at the primary
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 63 days before
the primary election, shall be left with the county elections
official for examination not less than 43 days before the primary
election, and shall be filed with the Secretary of State not less
than 39 days before the primary election.
   (b) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 25 days before the
primary election, except that Section 3001 shall apply if the special
election or special primary election is consolidated with a
statewide election.  Applications received by the elections official
prior to the 25th day shall not be returned to the sender, but shall
be held by the elections official and processed by him or her
following the 25th day prior to the election in the same manner as if
received at that time.



10705.  (a) All candidates shall be listed on one ballot and, except
as provided in subdivision (b), if any candidate receives a majority
of all votes cast, he or she shall be declared elected, and no
special general election shall be held.
   (b) If only one candidate qualifies to have his or her name
printed on the special general election ballot, that candidate shall
be declared elected, and no special general election shall be held,
even if that candidate received less than a majority of the votes
cast.



10706.  (a) If no candidate receives a majority of votes cast, the
name of that candidate of each qualified political party who receives
the most votes cast for all candidates of that party shall be placed
on the special general election ballot as the candidate of that
party.  The name of a write-in candidate shall not be placed on the
ballot unless he or she also meets the requirements of subdivision
(a) of Section 8605.
   (b) In addition to the candidates referred to in subdivision (a),
each candidate who has qualified for the ballot by reason of the
independent nomination procedure pursuant to Part 2 (commencing with
Section 8300) of Division 8 shall be placed on the special general
election ballot as an independent candidate.  However, if two or more
of these candidates are recorded on their affidavits of registration
as being affiliated with the same political body, only the candidate
with the greatest number of votes shall be placed on the special
general election ballot.



10707.  Notwithstanding any other provisions of this code, whenever
a special general election, or a special primary election, to fill a
vacancy in Congress or the State Legislature is consolidated with a
statewide election, the candidates to fill the vacancy shall appear
on the consolidated ballot immediately preceding the candidates for
that same seat in Congress or the seat in the Legislature that most
nearly encompasses the same geographical area at the statewide
election, or the elections official at his or her option may print a
separate and distinct ballot.