SECTIONS 10300-10312 - California Statutes

ELECTIONS CODE

SECTION 10300-10312

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 has failed to elect officers in accordance with its
charter, and there are no officers to carry on the city government,
or the city has failed to call an election of officers.
(b) The city has attempted to adopt a freeholders charter under
the State Constitution, and has failed to legally elect officers, and
the freeholders charter is held to be invalid.

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 officers; whether they are
performing their duties, and if not, how long since they have ceased
to do so.
(c) The provision of the charter relating to the qualifications of
voters.
(d) That each person signing the petition possesses the
qualifications provided for voters by the charter.
(e) That each of the signers of the petition is a householder and
freeholder in the city.

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 petition shall be verified by at least
two of the signers, that, of their own knowledge, the petition is
true, and that all the signers are qualified.

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 petition. Upon being satisfied of the truth
of the matters set forth in the petition, the Governor shall appoint
three persons as commissioners of election for that city. The
commission shall be known as the board of election commissioners for
(here give name of the city).

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 proceedings to and including the
appointment of the commissioners. Within 10 days after their
appointment, the commissioners shall take the constitutional oath of
office before some officer authorized to administer oaths. The oath
shall be indorsed upon the commission, and a copy filed in the office
of the Secretary of State. The commission shall organize by the
election of a president and secretary from their own members. The
commission shall keep minutes of all its proceedings, which minutes
shall be signed at the close of each meeting by the president and
secretary.

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 voters in the city. The order shall
specify the names of the offices to be filled and the date of the
election. When any office is to be filled by an election in any ward
or subdivision of the city, the order shall so state.

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 shall cause notice of the election
to be published in one or more newspapers published in the city, or
if none is published therein, then by posting notices for at least 20
days before election. The election shall be conducted as required by
the city charter for the election of officers, except that it shall
not be necessary to use printed registers. If a voter is challenged
on the ground that his or her name does not appear on the register of
the county, it shall be sufficient for him or her to state, under
oath, that he or she believes his or her name is upon the register,
and if no other evidence is offered, the precinct board shall accept
that statement as true.

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 all officers voted for at the
election, without reference to whether they were voted for in the
whole or only a ward or subdivision of the city. A member of a
precinct board shall not issue a certificate of election.

10308. Within five days after the election, the commissioners shall
canvass the returns and declare which persons were elected. The
commission shall issue certificates of election to the persons so
declared to be elected. The certificates shall be signed by all the
commissioners, and shall be conclusive evidence of the regularity of
all the proceedings taken in the election and by the commission,
except as against any suit or proceeding to oust from office any
person holding a certificate.

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 charter. If any person chosen at
the election fails to take the oath of office and enter upon the
discharge of his or her duties within the time above specified, the
office to which he or she shall have been elected shall be deemed
vacant.

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 possession, relating to their office of
election commissioners. The governing body shall cause them to be
filed by their elections official, and shall cause the commission
issued by the Governor to the commissioners, the minutes of the
commissioners, and notice of the election to be entered in the book
of minutes of the governing body. These entries shall thereupon be
evidence of all the matters therein stated, and as conclusive as the
originals.

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 department of the city, have qualified
and entered upon the discharge of their duties, the city shall be as
fully organized and in operation as if the election had been held at
the time and in the manner required by the charter.

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 be conclusive evidence of that fact,
except as against a direct action or proceeding to set aside or annul
the government.