California Elections Code 10720 – (a) If a vacancy occurs in the representation of this state in …
(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 state who possesses the qualifications for the office to temporarily fill the vacancy until a person is elected at a statewide general election to hold office for the remainder of the unexpired term and is admitted to the vacated seat by the United States Senate. The person so elected shall hold office for the remainder of the unexpired term.
(b) The Governor shall issue a writ of election for a statewide general election to fill a vacancy described in subdivision (a) in accordance with the following:
Terms Used In California Elections Code 10720
- Election: means any election including a primary that is provided for under this code. See California Elections Code 318
- Elector: means a person who is a United States citizen 18 years of age or older and, except as specified in subdivision (b), is a resident of an election precinct in this state on or before the day of an election. See California Elections Code 321
- General election: means either of the following:
California Elections Code 324
- Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
- Regular election: is a n election, the specific time for the holding of which is prescribed by law. See California Elections Code 348
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- Statewide election: is a n election held throughout the state. See California Elections Code 357
- Voter: means any elector who is registered under this code. See California Elections Code 359
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) If the vacancy occurs 148 days or more before the regularly scheduled statewide primary election next following the occurrence of the vacancy, a statewide primary election and a statewide general election to fill the vacancy shall be held on the same dates as, and consolidated with, the regularly scheduled statewide primary and general elections, respectively, next following the occurrence of the vacancy.
(2) If the vacancy occurs less than 148 days before the regularly scheduled statewide primary election next following the occurrence of the vacancy, a statewide primary election and a statewide general election to fill the vacancy shall be held on the same dates as, and consolidated with, the second regularly scheduled statewide primary and general elections, respectively, next following the occurrence of the vacancy.
(c) Notwithstanding subdivision (b), if an election date prescribed by subdivision (b) would occur after the expiration of the term in which the vacancy occurred, the Governor shall consult with the Secretary of State as to whether it is practical to issue a writ of election to fill the vacancy before the expiration of the term. If the Governor determines, in the Governor’s discretion, that it is practical, the Governor may issue a writ of election for special statewide primary and general elections to fill the vacancy.
(d) Notwithstanding any other law, the following apply whenever an election to fill a vacancy in the United States Senate is consolidated with a statewide election and appears on the same ballot as a regular election for the term of the Senate seat subsequent to the term in which the vacancy occurred:
(1) The candidates for the election to fill the vacancy shall appear on the consolidated ballot immediately after the candidates for the regular election for the succeeding term.
(2) Elections officials who provide voter information guides, sample ballots, and ballot materials shall include on those materials a notice that advises voters that the ballot includes elections for the succeeding term and for the remainder of the unexpired term of the vacated Senate seat. The notice shall appear in boldface type and in a clearly legible font size. The Secretary of State shall prescribe the language for the notice.
(3) Elections officials who provide ballots for a consolidated election pursuant to this section shall include on the ballot, in a box immediately above the spaces on the ballot for United States Senate elections, a notice that advises voters that the ballot includes elections for the succeeding term and for the remainder of the unexpired term of the vacated Senate seat. The notice shall appear in a boldface type and a clearly legible font size. The Secretary of State shall prescribe the language for the notice.
(Amended by Stats. 2021, Ch. 316, Sec. 1. (AB 1495) Effective January 1, 2022.)