Statute Text
Effective Until 1/1/2025
(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 Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section
1773
of the Government Code.
(2)
A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.
(b)
Except as provided in Chapter 3 (commencing with Section
10730
), a special election or a primary election shall not be conducted on the day after a state holiday.
(c)
(1)
A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section
4000.5
or
4001.5
.
(2)
This subdivision shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.
History
Amended by
Stats
2019
ch
562
(
AB 1829
)
,
s
8.5
, eff.
1/1/2020
.
Amended by
Stats
2019
ch
328
(
SB 641
)
,
s
1
, eff.
1/1/2020
.
Amended by
Stats
2018
ch
210
(
AB 2095
)
,
s
1
, eff.
1/1/2019
.
Amended by
Stats
2014
ch
598
(
AB 1873
)
,
s
3
, eff.
1/1/2015
.
Amended by
Stats
2012
ch
685
(
SB 1275
)
,
s
1
, eff.
1/1/2013
.
Amended by
Stats
2006
ch
372
(
SB 1276
)
,
s
1
, eff.
1/1/2007
.
Amended by
Stats
2002
ch
658
(
AB 2760
)
,
s
3
, eff.
1/1/2003
.
Effective Starting 1/1/2025
(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 Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section
1773
of the Government Code.
(2)
A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.
(b)
Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday.
History
Amended by
Stats
2024
ch
854
(
AB 3284
)
,
s
6
, eff.
1/1/2025
.
Amended by
Stats
2019
ch
562
(
AB 1829
)
,
s
8.5
, eff.
1/1/2020
.
Amended by
Stats
2019
ch
328
(
SB 641
)
,
s
1
, eff.
1/1/2020
.
Amended by
Stats
2018
ch
210
(
AB 2095
)
,
s
1
, eff.
1/1/2019
.
Amended by
Stats
2014
ch
598
(
AB 1873
)
,
s
3
, eff.
1/1/2015
.
Amended by
Stats
2012
ch
685
(
SB 1275
)
,
s
1
, eff.
1/1/2013
.
Amended by
Stats
2006
ch
372
(
SB 1276
)
,
s
1
, eff.
1/1/2007
.
Amended by
Stats
2002
ch
658
(
AB 2760
)
,
s
3
, eff.
1/1/2003
.