2007 California Elections Code Part 4. Withdrawal Of Candidates: Vacancies

CA Codes (elec:8800-8811)

8800.  No candidate whose declaration of candidacy has been filed
for any primary election may withdraw as a candidate at that primary
election.


8801.  No candidate nominated at any primary election may withdraw
as a candidate at the ensuing general election except those
candidates permitted to withdraw by this part.



8802.  Any person nominated by a party at the direct primary
election for a partisan office may be appointed to fill a vacancy on
the general election ballot for any other partisan office, as
provided in Section 8806, and in that case his or her appointment
shall constitute a vacancy on the general election ballot for the
office for which he or she was nominated.  The vacancy thus arising
shall be filled in the manner prescribed in Section 8806.



8803.  No vacancy on the ballot for a general election shall be
filled except if the candidate dies and that fact has been
ascertained by the officer charged with the duty of printing the
ballots at least 68 days before the date of the next ensuing general
election.



8804.  Notwithstanding Sections 8803 and 8810, any candidate who has
been nominated at any primary election for superior court judge in
which election there were at least two other candidates and who,
after the date prescribed for the filing of declaration of candidacy
pursuant to Article 2 (commencing with Section 8020) of Chapter 1 of
Part 1, has been appointed to any federal or state office, may
request the county elections official to have his or her name removed
from the ballot of the next ensuing general election.  If the
request is received by the county elections official at least 68 days
before the next ensuing general election, the county elections
official shall remove the candidate's name from the ballot.
   If a candidate's name is removed from the ballot pursuant to this
section, the two remaining candidates who received the highest number
of votes cast on all the ballots of all the voters participating in
the primary election for nomination for that office of superior court
judge shall be the candidates for that office at the ensuing general
election, and their names as candidates for that office shall be
placed on the official ballot at the ensuing election.



8805.  Whenever a candidate for nomination for a partisan office at
a primary election dies on or before the day of the election, and a
sufficient number of ballots are marked as being voted for him or her
to entitle him or her to nomination if he or she had lived until
after the election, a vacancy exists on the general election ballot,
which shall be filled in the manner provided in Section 8806 for
filling a vacancy caused by the death of a candidate.



8806.  Vacancies permitted to be filled may, in the case of
legislative offices, be filled by the county central committee or
committees of the party in which the vacancy occurs, in the county or
counties comprising the legislative district of the deceased
candidate.  In the case of all other district or state offices
requiring party nomination, except congressional offices, the
vacancies may be filled by the state central committee of the party.

   Vacancies permitted to be filled may, in the case of congressional
offices, be filled by those members of the state central committee
of the party who reside in the congressional district in which the
vacancy occurs, and who were registered to vote in that district at
the time the vacancy occurred, acting together with the members of
the county central committee or committees of the party residing in
that congressional district.
   References in this section to state and county central committees
shall be construed to refer to the newly elected or selected state
and county central committees, unless the organizational meetings of
those committees are held in January following the general election.



8807.  If the vacancy occurs among candidates chosen at the direct
primary to go on the ballot for the succeeding general election for a
nonpartisan office, the name of that candidate receiving at the
primary election the next highest number of votes shall go upon the
ballot to fill the vacancy.



8808.  A vacancy authorized to be filled because of the death of a
candidate shall be filled, and the name of the person named to fill
the vacancy shall be certified to the officer charged with the duty
of printing the ballots, 68 days before the day of election.



8809.  Whenever a candidate has declared a candidacy for a primary
election, the candidate's name shall be printed upon the ballot for
the primary election, unless the candidate has died, and that fact
has been ascertained by the officer charged with the duty of printing
the ballots, at least 68 days before the day of the election.




8810.  Whenever a candidate has been nominated at any primary
election after having filed a declaration of candidacy, the name of
the candidate shall be printed upon the ballot for the ensuing
general election unless the candidate has died and that fact has been
ascertained by the officer charged with the duty of printing the
ballots, at least 68 days before the day of election.



8811.  Whenever, upon the death of any candidate, the vacancy
created is filled by a party committee, a certificate to that effect
shall be filed with the officer with whom a declaration of candidacy
for that office may be filed, and, upon payment of the filing fee
applicable to the office, shall be accepted and acted upon by that
officer as in the case of an original declaration certificate.