(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 district is not filed by 5 p.m. on the 88th day before the general district election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd day before the election to file a declaration of candidacy for the elective office.

(b) This section is not applicable where there is no incumbent to be elected. If this section is applicable, notwithstanding Section 10510, a candidate may withdraw his or her declaration of candidacy until 5 p.m. on the 83rd day before the general election.

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Terms Used In California Elections Code 10516

  • agency: means any district or agency of the type designated by and formed pursuant to the provisions of any principal act that incorporates this part. See California Elections Code 10500
  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • Elective office: means any office that may, under the principal act of the district or agency, be filled by way of an election. See California Elections Code 10500
  • Elective officer: means "elective officer" as defined by the principal act of each district or agency or if not defined, any officer of a district or agency holding an office that can be filled by election. See California Elections Code 10500
  • General district election: means an election held pursuant to the provisions of this part. See California Elections Code 10500
  • General election: means either of the following:

    California Elections Code 324

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)