DIVISION 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS [10000. - 10735.]
Division 10 enacted by Stats. 1994, Ch. 920, Sec. 2.
§§ 10000–10735 · 163 sections
PART 1. GENERAL PROVISIONS §§ 10000–10010 · 6 sections
CHAPTER 1. Voters and Procedure §§ 10000–10005 · 5 sections
- § 10000 Every person is entitled to vote at a local, special, or consolidated election who is registered in any one of the precincts which compose the local, special,…
- § 10001 Except as otherwise specifically provided by law, all statewide special elections shall be called, conducted, and canvassed as provided by this code for the…
- § 10002 The governing body of any city or district may by resolution request the board of supervisors of the county to permit the county elections official to render…
- § 10004 If the governing body of any special district fails to call or to take any other steps necessary to the holding of the regular district election at which any…
- § 10005 A local government shall not enact or enforce any charter provision, ordinance, or regulation requiring a person to present identification for the purpose of…
CHAPTER 2. District Boundaries § 10010 · 1 section
- § 10010 (a) A political subdivision that changes from an at-large method of election to a district-based election, or that establishes district-based elections, shall…
PART 2. MUNICIPAL ELECTIONS §§ 10100–10312 · 57 sections
CHAPTER 1. General Provisions §§ 10100–10104 · 5 sections
- § 10100 Whenever the county elections official is required to examine the signatures upon any nomination paper or petition of any candidate for a municipal office, he…
- § 10101 This part shall apply to all municipal elections, except where otherwise provided for in the Constitution of the state, or in a charter duly adopted or amended…
- § 10102 Section 13107, relating to ballot designations, shall apply to municipal elections, whether held in a general law or chartered city.
- § 10103 Part 3 (commencing with Section 8600) of Division 8 and Chapter 7 (commencing with Section 15350) of Division 15, relating to write-in votes, shall apply to…
- § 10104 (a) Notwithstanding Section 15, if the last day for the performance of any act provided for or required by this code is a day when the elections official’s…
CHAPTER 2. Regulations Governing Elections in Cities §§ 10200–10266 · 39 sections
ARTICLE 1. General Provisions §§ 10200–10201 · 2 sections
- § 10200 This chapter shall be liberally construed to promote its objects, and no error, omission or irregularity shall invalidate an election if there has been a…
- § 10201 A proposition may be submitted at a regular election, or a special election may be called, by ordinance or resolution, for the purpose of voting on a…
ARTICLE 1.2. The Congressional Term Limits Act §§ 10204.1–10204.11 · 11 sections
- § 10204.1 It is the official position of the People of the State of California that our elected officials should vote to enact, by amendment to the U.S. Constitution,…
- § 10204.2 It is the will of the People of the State of California that application be made to Congress on behalf of the People of California and the California…
- § 10204.3 The California Legislature, due to the desire of the People of the State of California to establish term limits on the Congress of the United States, is hereby…
- § 10204.4 Each state legislator is hereby instructed to use all of his or her delegated powers to pass the Article V application to Congress set forth in Section…
- § 10204.5 (a) As provided in this act, at each election for the office of United States Representative, United States Senator, State Senator, or Member of the Assembly,…
- § 10204.6 Each member of the California congressional delegation is hereby instructed to use all of his or her delegated powers to pass the Congressional Term Limits…
- § 10204.7 All primary, general, and special election ballots shall have the information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” printed adjacent to the name of…
- § 10204.8 The information “DISREGARDED VOTERS’ INSTRUCTION ON TERM LIMITS” may not appear adjacent to the names of a candidate for Congress if the Congressional Term…
- § 10204.9 Notwithstanding any other provision of California law, (a) A nonincumbent candidate for the office of U.S. Representative and U.S. Senator, State Senator, or…
- § 10204.10 At such time as the Congressional Term Limits Amendment set forth in Section 10204.2 has become part of the U.S. Constitution, this article automatically shall…
- § 10204.11 Severability. If any portion, clause, or phrase of this act is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the…
ARTICLE 2. Nomination of Candidates §§ 10220–10230 · 15 sections
- § 10220 Candidates may be nominated for any of the elective offices of the city in the following manner: Not earlier than the 113th day nor later than the 88th day…
- § 10220.5 Notwithstanding any other provision of law, a candidate shall not file nomination papers for more than one municipal office or term of office for the same…
- § 10221 (a) Except as provided in subdivision (b), the signatures to each nomination paper shall be appended on the same sheet of paper, and each signer shall add his…
- § 10222 Every nomination paper shall have annexed an affidavit of the person who circulated it, to the effect that he or she saw written all the signatures appended…
- § 10223 Each nomination paper shall be accompanied by a declaration of candidacy pursuant to Section 10226.3.
- § 10224 All nomination papers shall be filed with the city elections official during regular business hours as posted, not later than the 88th day before the election.…
- § 10224.5 No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the city’s…
- § 10225 (a) Notwithstanding Sections 10220 and 10224, if nomination papers for an incumbent officer of the city are not filed by or on the 88th day before the…
- § 10226 (a) The nomination paper shall be in substantially the following form: NOMINATION PAPER I, the undersigned signer for ______ for nomination to the office of…
- § 10226.3 (a) The declaration of candidacy by a candidate shall be substantially as follows: DECLARATION OF CANDIDACY I hereby declare myself a candidate for nomination…
- § 10226.5 The Secretary of State shall establish uniform filing forms for candidates to use when filing nomination papers pursuant to Section 10226 and a declaration of…
- § 10227 All forms required for nomination and election to all municipal offices shall be furnished only by the city elections official during regular business hours.…
- § 10228 A filing fee proportionate to the costs of processing a candidate’s nomination papers or a candidate’s supplemental nomination papers filed pursuant to…
- § 10229 (a) If, by the 88th day, during normal business hours as posted, before the day fixed for a regularly scheduled municipal election or the 83rd day before the…
- § 10230 If the date of a general municipal election is changed by municipal ordinance pursuant to subdivision (a) of Section 10403.5 or by charter, the period to file…
ARTICLE 3. Conduct of Elections §§ 10240–10243 · 4 sections
- § 10240 The city elections official shall have the necessary ballots printed and shall procure and furnish to the election officers the necessary supplies and…
- § 10241 Before opening the polls, the election officers shall sign a declaration to discharge faithfully the duties of an election officer, before the inspector or…
- § 10242 The polls shall be open on the day of election between the hours that the governing body determines, but not less than eight consecutive hours. The hours of…
- § 10243 A majority of the members of any precinct board shall be present at the polling place at all times while the polling place is open.
ARTICLE 4. Canvass of Ballots and Returns §§ 10260–10266 · 7 sections
- § 10260 The votes shall be counted, the result of the votes cast shall be posted, the supplies and records of the election shall be returned to the city elections…
- § 10261 The city elections official, or a canvassing board appointed by him or her, shall count the votes cast by vote by mail voters. The city elections official or…
- § 10262 The canvass shall be conducted by the elections official. Sections 15302 and 15303 shall govern the conduct of the canvass. Upon the completion of the canvass,…
- § 10263 Upon the completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election and…
- § 10264 As soon as the result of the election is declared, the elections official of the governing body shall enter on its records a statement of the result. The…
- § 10265 The elections official shall immediately sign and deliver to each person elected a certificate of election. He or she shall also administer to each person…
- § 10266 Recount of votes in municipal elections shall be governed by Article 1 (commencing with Section 15600) of Chapter 12 of Division 15.
CHAPTER 3. Emergency Elections in Cities §§ 10300–10312 · 13 sections
- § 10300 The voters of a city may present a petition to the Governor for the appointment of three commissioners of election pursuant to this chapter if: (a) The city…
- § 10301 The petition to the Governor shall set forth: (a) The name of the city, with the date and manner of organization. (b) The date of the last election for…
- § 10302 The petition shall be signed by not less than 75 persons in the city, each of whom possesses all the qualifications mentioned in the body of the petition. The…
- § 10303 Upon the presentation of the petition to the Governor, he or she shall either act upon it or require additional evidence of the matters set forth in the…
- § 10304 The Governor shall issue a commission to the commissioners, and the issuance of the commission shall be conclusive evidence of the regularity of all the…
- § 10305 The commissioners may, by an order entered in their minutes, call an election for the officers required by the charter of the city, to be elected only by the…
- § 10306 Prior to the election, the commission shall appoint precinct boards and fix the places of holding the election, as required in the city charter. The commission…
- § 10307 Except that the returns shall be returned and delivered to the commission, the precinct boards shall make return of the election as required in the charter of…
- § 10308 Within five days after the election, the commissioners shall canvass the returns and declare which persons were elected. The commission shall issue…
- § 10309 Within 10 days after issuance of the certificates of election, the officers shall qualify and enter upon the discharge of their duties, in accordance with the…
- § 10310 At the first meeting of the governing body of the city after the election, the commissioners shall deliver to the governing body all books and papers in their…
- § 10311 Whenever the officers elected at the election, and the officers authorized by the charter to be elected or appointed by the governing body or executive…
- § 10312 Whenever the government of the city is in full operation, the governing body shall enter a resolution in its minutes declaring that fact. The resolution shall…
PART 3. CONSOLIDATION OF ELECTIONS §§ 10400–10418 · 23 sections
- § 10400 Whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county or other political…
- § 10401 Where one of the elections to be consolidated is a statewide election, the board of supervisors of the county in which the consolidation is to be effected may…
- § 10402 When local elections are to be consolidated, and no specific procedure is specified for their consolidation, the procedure set forth in Section 10403 shall…
- § 10402.5 Any state, county, municipal, district, and school district election held on a statewide election date pursuant to Section 1002 shall be consolidated with the…
- § 10403 (a) Whenever an election called by a district, city, or other political subdivision for the submission of a question, proposition, or office to be filled is to…
- § 10403.5 (a) (1) Any city ordinance requiring its general municipal election to be held on a day specified in subdivision (b) of Section 1301 shall be approved by the…
- § 10404 (a) This section applies only to special districts electing members of the governing body in odd-numbered years. As used in this section, “special district”…
- § 10404.5 (a) A resolution of the governing board of a school district or county board of education to establish an election day pursuant to subdivision (b) of Section…
- § 10404.7 A school district in Tehama County or the Tehama County Board of Education, by itself or in concert with other school districts or county boards of education,…
- § 10405 Notwithstanding any other provision of law, the Registrar-Recorder of the County of Los Angeles and the Registrar of Voters of Orange County may, pursuant to…
- § 10405.7 (a) The resolution of the community college district governing board to establish an election day pursuant to subdivision (b) of Section 1302 shall be adopted…
- § 10405.8 In a community college district that includes the trustee areas authorized to be established pursuant to the third paragraph of Section 72023 of the Education…
- § 10406 Notwithstanding any other provision of law, if a statewide special election is called less than 88 days prior to the date of that election, a district, city,…
- § 10407 (a) Notwithstanding any other provision of law, whenever other elections are consolidated with a regularly scheduled election, the period for the filing of…
- § 10408 When the county precinct boundaries at a consolidated election called by the board of supervisors of the county in which the city, district or other political…
- § 10409 When the boundaries of the territory within which an election is to be held, or the boundaries of the precincts established therefor, do not fully coincide…
- § 10410 Within the territory affected by the order of consolidation, the election precincts, polling places and voting booths shall, in every case, be the same, and…
- § 10411 In case of the consolidation of any election called by the legislative body of a city, district, or other political subdivision with an election held in the…
- § 10412 In the case of the consolidation of any election called by the governing body of a city, district or other political subdivision with an election held in…
- § 10413 When the returns of any elections consolidated pursuant to this part are required to be canvassed by the same body, the elections shall be held in all respects…
- § 10416 Except as otherwise provided in this part, when elections are consolidated, the governing body ordering consolidation may, in the territory affected thereby,…
- § 10417 Where under any law of the state the precincts, polling places or names of members of precinct boards are required to be described or otherwise set forth in…
- § 10418 (a) Whenever an election is to be held on the same day as a statewide election, a special election, or an election held pursuant to Section 1302 or 1303, the…
PART 4. UNIFORM DISTRICT ELECTION LAW §§ 10500–10556 · 56 sections
- § 10500 (a) This part may be cited as the Uniform District Election Law. (b) As used in this part, the following definitions apply: (1) “Affected county” means a…
- § 10501 It is the purpose of this part to provide a procedure for the election of elective officers of districts. These elections shall be called and conducted and the…
- § 10502 (a) This part shall apply to all districts and agencies whose principal acts so provide. However, the provisions of this part requiring the county elections…
- § 10503 Where this part provides that the principal act shall govern, and the principal act contains no provisions on the matter, the general election laws of this…
- § 10504 Whenever this part requires the secretary of a district to deliver a notice or other information to the county elections official on or before a designated…
- § 10505 The terms of office of elective officers in all new districts shall be determined as follows: (a) If the district is formed in an odd-numbered year, the…
- § 10506 Whenever a district shall increase the number of divisions, if there are any, the terms of office of the offices of director thus created shall be determined…
- § 10507 Except as otherwise provided in this part, the term of office of each elective officer, elected or appointed pursuant to this part, is four years or until his…
- § 10508 The principal act shall govern whether directors of a district are elected by divisions or by the district at large. A governing body may require that the…
- § 10509 On the 125th day prior to the day fixed for the general district election, the secretary shall deliver a notice to the county elections official. The notice…
- § 10510 (a) Forms for declarations of candidacy for all district offices shall be obtained from the office of the county elections official. The county elections…
- § 10511 The declaration of candidacy shall be in substantially the following form: I, _________________, do hereby declare myself as a candidate for election to the…
- § 10512 (a) Each candidate shall set forth in full the oath or affirmation set forth in Section 3 of Article XX of the California Constitution, which shall be filed…
- § 10513 Upon filing each declaration of candidacy, the county elections official shall examine the declaration to determine if it conforms with the provisions of this…
- § 10514 The qualifications of a candidate for elective office, and of an elective officer, of a district shall be determined by the principal act of that district.
- § 10515 (a) If, by 5 p.m. on the 83rd day prior to the day fixed for the general district election: (1) only one person has filed a declaration of candidacy for any…
- § 10516 (a) Notwithstanding any other provision of law, in any district or agency election, if a declaration of candidacy for an incumbent elective officer of a…
- § 10517 Except as otherwise provided by this part, the county elections official of each affected county shall conduct the general district election for the portion of…
- § 10518 If, within any portion of a county, only one district has scheduled a general district election, the county elections official may authorize the appropriate…
- § 10519 At the request of a district governing body, the county elections official may perform any of the duties of the district secretary and the supervising…
- § 10520 Each district involved in a general district election in an affected county shall reimburse the county for the actual costs incurred by the county elections…
- § 10521 Qualifications of voters of a district, the number of votes each voter may cast, and the method of determining that number of votes shall be governed by the…
- § 10522 At least 125 days prior to the day fixed for the general district election, the secretary of a resident voting district shall deliver to the county elections…
- § 10523 Notwithstanding any provision in the principal act, elections shall be at large in any resident voter district in which there are fewer than 100 voters.
- § 10524 At least 125 days prior to the date fixed by the general district election, the secretary of a landowner voting district shall deliver to the county elections…
- § 10525 (a) At least 35 days prior to the date fixed for the landowner district election, the secretary of a landowner district for which an election has not been…
- § 10526 At least 30 days prior to the day fixed for the next general district election, the county elections official shall have prepared a sufficient number of…
- § 10527 At least 20 days prior to the date fixed for the next general district election, the county elections official shall have prepared a sufficient number of…
- § 10528 Except as otherwise provided by this part, the form of the ballot to be used by the voters of a landowner voting district participating in the general district…
- § 10529 Whenever a candidate has filed a declaration of candidacy, and the candidate’s declaration of candidacy has been certified as sufficient pursuant to Section…
- § 10530 Vote by mail voting shall be allowed and conducted as nearly as practicable in accordance with Division 3 (commencing with Section 3000) pertaining to general…
- § 10531 Notwithstanding any law, vote by mail voting shall be allowed in lieu of voting by proxy in an landowner district election in which voting by proxy is allowed…
- § 10532 Nothing in this part shall prohibit a voter of a district, or his legal representative, from voting by proxy if this right is provided for by the principal act…
- § 10533 (a) The county elections official shall prepare for each precinct one voter list and one roster for each ballot form to be used at the polling place of the…
- § 10534 If the county elections official fails to appoint a precinct board or the members appointed are not present when the polls open on the day of the general…
- § 10535 The inspector is chairman of the precinct board.
- § 10536 If during the election any judge or elections official ceases to act, the inspector may appoint a substitute.
- § 10537 If the inspector ceases to act, a majority of the remaining members of the precinct board may appoint a substitute.
- § 10538 Any member of a precinct board may administer and certify oaths required to be administered during an election.
- § 10539 Before opening the polls, each member of the precinct board shall sign a declaration to perform faithfully his or her duties, before the inspector or before…
- § 10540 Candidates’ statements of their qualifications submitted in accordance with Section 13307 shall be filed with the county elections official, who shall cause…
- § 10541 The polls shall open at 7 a.m. and remain open until 8 p.m. In any precinct in which all of the eligible voters have voted prior to the time for closing the…
- § 10542 The principal act of each landowner voting district participating in the general district election shall govern the manner in which the ballot is delivered by…
- § 10543 Voting shall be conducted, the canvass at the polls made, and the returns delivered to the county elections official, except as otherwise provided by this…
- § 10544 A governing body of a district may, by resolution, limit campaign contributions in elections to district offices.
- § 10545 The envelope, certificate with the roster, tally lists, and voter list, shall be all of the following: (a) Sealed in an envelope by the inspector in the…
- § 10546 Recount of votes in any general district election shall be governed by the provisions of Chapter 12 (commencing with Section 15600) of Division 15.
- § 10547 The county elections official shall commence the canvass of the returns not later than the first Thursday after each general district election.
- § 10548 The canvass shall be made in public and by opening the returns and determining the vote for each person voted for and declaring the results thereof.
- § 10549 No roster, tally list, or certificate returned from any general district election shall be set aside or rejected for want of form if it can be satisfactorily…
- § 10550 As soon as the result of the canvass by the county elections official is declared, the county elections official shall prepare and mail a statement of the…
- § 10551 (a) No later than the Monday before the first Friday in December the county elections official shall declare the elected candidate or candidates. If there is…
- § 10553 The county elections official shall immediately make and deliver to each person elected a certificate of election signed by the county elections official.
- § 10554 Elective officers, elected or appointed pursuant to this part, take office at noon on the first Friday in December next following the general district…
- § 10555 Notwithstanding Chapter 1 (commencing with Section 1000) of Division 1, no landowner voting district election shall be consolidated with any resident voter…
- § 10556 No informalities in the conduct of the general district election or any matters related to it shall invalidate the election if fairly conducted.
PART 5. SCHOOL DISTRICT AND COMMUNITY COLLEGE DISTRICT GOVERNING BOARD ELECTIONS §§ 10600–10604 · 5 sections
- § 10600 When one member of the governing board of a school district or community college district is to be elected, the candidate receiving the highest number of votes…
- § 10601 Notwithstanding Section 10600, the governing board of any community college district may, by a resolution adopted by a majority vote of the board, assign a…
- § 10602 (a) The forms for declaration of candidacy for governing board elections shall be in substantially the following form: “I, _____, do hereby declare myself as a…
- § 10603 (a) In any school district or community college district governing board election the name of any person shall be placed on the ballot, subject to Sections…
- § 10604 (a) Notwithstanding Section 10603, if a declaration of candidacy for an incumbent member of a school district or community college district governing board or…
PART 5.5. Special District Elections § 10650 · 1 section
- § 10650 (a) Notwithstanding any other law, a governing body of a special district may require, by resolution, that the members of its governing body be elected using…
PART 6. ELECTIONS TO FILL VACANCIES §§ 10700–10735 · 15 sections
CHAPTER 1. Nomination of Candidates for Legislative and Congressional Offices at Special Elections §§ 10700–10707 · 8 sections
- § 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…
- § 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…
- § 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…
- § 10703 (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the…
- § 10704 (a) Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the…
- § 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…
- § 10706 If no candidate receives a majority of votes cast, the names of the candidates who receive the highest or second highest number of votes cast at the special…
- § 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…
CHAPTER 2. Vacancy in Senate § 10720 · 1 section
- § 10720 (a) If a vacancy occurs in the representation of this state in the Senate of the United States, the Governor may appoint and commission an elector of this…
CHAPTER 3. Vacancies in Congressional Offices caused by Catastrophe §§ 10730–10735 · 6 sections
- § 10730 (a) This chapter provides the procedures for nomination and election of candidates at a special election to fill vacancies in the House of Representatives…
- § 10731 For purposes of this chapter, the following terms have the following meanings: (a) “Catastrophe” means a natural or man-made event that causes a vacancy in at…
- § 10732 Within seven calendar days of a catastrophe, the Governor shall issue a proclamation calling a special election pursuant to Section 10703.
- § 10733 (a) In the event of a catastrophe that causes a vacancy in at least 101 of the offices of the United States House of Representatives, including at least one of…
- § 10734 A special primary election shall not be held for a special general election conducted pursuant to this chapter. Candidates at the special general election…
- § 10735 (a) (1) In the case of a special election due to a catastrophe that causes a vacancy in at least 101 offices of the United States House of Representatives, the…