SECTIONS 10400-10418 - California Statutes

ELECTIONS CODE

SECTION 10400-10418

10400. Whenever two or more elections, including bond elections, of
any legislative or congressional district, public district, city,
county or other political subdivision are called to be held on the
same day, in the same territory, or in territory that is in part the
same, they may be consolidated pursuant to this chapter upon the
order of the governing body or bodies or officer or officers calling
the elections.
The elections, whether held under a freeholder charter or under
any state law, or both, may be consolidated, and different elections
called by the same governing body may be consolidated.

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 order the consolidation.

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 govern the consolidation, except that
the governing body of the jurisdiction that receives a request for
the consolidation, or an officer otherwise authorized by law, may
order the consolidation.

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 statewide election
pursuant to this part except that, in counties of the first class,
the board of supervisors may deny any request for consolidation if it
finds that the ballot style, voting equipment, or computer capacity
is such that additional elections or materials cannot be handled. The
procedural requirements prescribed for that type of election shall
be construed as if this section were specifically set forth in the
provisions relating to that election.

10403. Whenever an election called by a district, city or other
political subdivision for the submission of any question,
proposition, or office to be filled is to be consolidated with a
statewide election, and the question, proposition, or office to be
filled is to appear upon the same ballot as that provided for that
statewide election, the district, city, or other political
subdivision shall, at least 88 days prior to the date of the
election, file with the board of supervisors, and a copy with the
elections official, a resolution of its governing board requesting
the consolidation, and setting forth the exact form of any question,
proposition, or office to be voted upon at the election, as it is to
appear on the ballot. The question or proposition to appear on the
ballot shall conform to this code governing the wording of
propositions submitted to the voters at a statewide election. The
resolution requesting the consolidation shall be adopted and filed at
the same time as the adoption of the ordinance, resolution, or order
calling the election. The names of the candidates to appear upon the
ballot where district, city, or other political subdivision offices
are to be filled shall be filed with the county elections official no
later than 81 days prior to the election.

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 board of supervisors unless the ballot
style, voting equipment, or computer capability is such that
additional elections or materials cannot be handled. Prior to
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors shall each obtain from
the elections official a report on the cost-effectiveness of the
proposed action.
(2) A city, by itself or in concert with other cities, may
purchase or otherwise contribute to the purchase of elections
equipment, including, but not limited to, a computer for the purposes
of conducting a consolidated election when the equipment shall be
owned by the county.
(b) As a result of the adoption of an ordinance pursuant to this
section, no term of office shall be increased or decreased by more
than 12 months. As used in this subdivision, "12 months" means the
period between the day upon which the term of office would otherwise
have commenced and the first Tuesday after the second Monday in the
12th month before or after that day, inclusive.
(c) If an election is held on a day specified in subdivision (b)
of Section 1301, and the election is consolidated with another
election this part, except Section 10403, shall govern the
consolidation and, if the county elections official is requested to
conduct the municipal election, Section 10002 shall be applicable to
that election.
(d) If a general municipal election is held on the same day as a
statewide election, those city officers whose terms of office would
have, prior to the adoption of the ordinance, expired no later than
the next regularly scheduled city council meeting after receipt of
the certification of the results from the elections official shall,
instead, continue in their offices until not later than that meeting.
(e) Within 30 days after the ordinance becomes operative, the city
elections official shall cause a notice to be mailed to all
registered voters informing the voters of the change in the election
date. The notice shall also inform the voters that as a result in the
change in the election date, the terms of office of the elected city
officeholders will be changed.

10404. (a) This section applies only to special districts electing
members of the governing body in November of odd-numbered years. As
used in this section, "special district" means an agency of the state
formed pursuant to general law or special act, for the local
performance of governmental or proprietary functions within limited
boundaries, except a city, county, city and county, school or
community college district, or special assessment district.
(b) Notwithstanding any other provision of law, a governing body
of a special district may, by resolution, require that its elections
of governing body members be held on the same day as the statewide
general election.
(1) The resolution setting the election shall also include dates
that are consistent with the primary or general election with respect
to nominations, notices, canvass of votes, certification of
election, and all other procedural requirements of the Elections Code
pertaining to the primary or general election.
(2) The resolution shall be submitted to the board of supervisors
no later than 240 days prior to the date of the currently scheduled
district election.
(c) The board of supervisors shall notify all districts located in
the county of the receipt of the resolution to consolidate and shall
request input from each district on the effect of consolidation.
(d) The elections official shall prepare and transmit to the board
of supervisors an impact analysis of the proposed consolidation.
(e) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors shall each obtain from
the elections official a report on the cost-effectiveness of the
proposed action.
(f) Within 30 days after the approval of the resolution, the
elections official shall notify all registered voters of the
districts affected by the consolidation of the approval of the
resolution by the board of supervisors. The notice shall be delivered
by mail and at the expense of the district.
(g) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
(h) If a special district is located in more than one county, the
special district may not consolidate an election if any county in
which the special district is located denies the request for
consolidation.
(i) If, pursuant to subdivision (b), a special district election
is held on the same day as the statewide general election, those
governing body members whose terms of office would have, prior to the
adoption of the resolution, expired prior to that election shall,
instead, continue in their offices until their successors are elected
and qualified, but in no event shall the term be extended beyond
December 31 of the year following the year in which the request for
consolidation is approved by the board of supervisors.
(j) If a board of supervisors approves the resolution pursuant to
subdivision (e), the special district election shall be conducted on
the date specified by the board of supervisors, in accordance with
subdivision (a), unless the approval is later rescinded by the board
of supervisors.
(k) If the date of a special district election is changed pursuant
to this section, at least one election shall be held before the
resolution, as approved by the board of supervisors, may be
subsequently repealed or amended.

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 1302 shall be adopted and
submitted to the board of supervisors not later than 240 days prior
to the date of the currently scheduled election of the district or
for the members of the county board of education.
(b) The final date for the submission of the resolution by the
governing board of a school district or county board of education to
the board of supervisors is not subject to waiver.
(c) The board of supervisors shall notify all school districts and
the county board of education located in the county of the receipt
of the resolution to consolidate and shall request input from each
district on the effect of consolidation.
(d) (1) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors may obtain from the
elections official a report on the cost-effectiveness of the proposed
action.
(2) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
(e) Within 30 days after the approval of the resolution by the
board of supervisors, the elections official shall notify all
registered voters of the districts affected by the consolidation of
the approval of the resolution by the board of supervisors. The
notice shall be delivered by mail and at the expense of the school
district or if applicable, the county board of education.
(f) An election day established pursuant to subdivision (b) of
Section 1302 shall be prescribed to occur not less than one month,
nor more than 12 months, subsequent to the election day prescribed in
Section 5000 of the Education Code or pursuant to Section 1007 of
the Education Code, as appropriate. As used in this subdivision, "12
months" means the period from the election day prescribed in Section
5000 of the Education Code or pursuant to Section 1007 of the
Education Code, as appropriate, to the first Tuesday after the first
Monday in the 12th month subsequent to that day, inclusive.
(g) In the event that the election day for a school district
governing board or county board of education is established pursuant
to subdivision (b) of Section 1302, the term of office of all then
incumbent members of that governing board or county board of
education shall be extended accordingly.

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, may purchase or otherwise
contribute to the purchase of elections equipment, including, but not
limited to, a computer for the purposes of conducting a consolidated
election when the equipment shall be owned by Tehama County.

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 agreement between those
counties, perform, either on behalf of the other, any and all duties
relating to the conducting of the election, the counting of votes,
and any other election procedures to the extent that those duties are
for the conduct of an election of governing board members for any
school district whose territory lies within both the County of Los
Angeles and Orange County, pursuant to the consolidation of that
election with a primary, municipal, or general election under
Sections 1302 and 10404.5.

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 and submitted to the board of
supervisors not later than 240 days prior to the date of the
currently scheduled election for the governing board members of the
community college district.
(b) The final date for the submission of the resolution by the
community college district governing board to the board of
supervisors is not subject to waiver.
(c) The board of supervisors shall notify all community college
districts located in the county of the receipts of the resolution to
consolidate and shall request input from each district on the effect
of consolidation.
(d) (1) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors may each obtain from the
elections official a report on the cost-effectiveness of the proposed
action.
(2) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
(e) Within 30 days after the approval of the resolution by the
board of supervisors, the elections official shall notify all
registered voters of the districts affected by the consolidation of
the approval of the resolution by the board of supervisors. The
notice shall be delivered by mail and at the expense of the community
college district.
(f) An election day established pursuant to subdivision (b) of
Section 1302 shall be prescribed to occur not less than one month,
nor more than 12 months, subsequent to the election day prescribed in
Section 5000. As used in this subdivision, "12 months" means the
period from the election day prescribed in Section 5000 of the
Education Code to the first Tuesday after the first Monday in the
12th month subsequent to that day, inclusive.
(g) If, pursuant to subdivision (b) of Section 1302, a district
governing board member election is held on the same day as a
statewide general election, those district governing board members
whose four-year terms of office would have, prior to the adoption of
the resolution, expired prior to that election shall, instead,
continue in their offices until successors are elected and qualified.

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 Code, the consolidation of the
election of trustees on the same date as the statewide general
election pursuant to Section 10405.7 may be approved by any county or
counties for the trustee areas located entirely within that county
or counties. The approval of any county or counties in which the
other trustee areas are located shall not be required. Elections
resulting from changes in election dates pursuant to this section
shall be deemed to meet the requirement of staggered terms set forth
in Section 72023 of the Education Code.

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, or other political subdivision may
call for a special local election for the submission of any question,
proposition, or office to be filled, to be consolidated with the
statewide special election if the call is issued within four days
from the date of issuance of the Governor's proclamation or the
effective date of a statute calling for a statewide special election.

10407. (a) Notwithstanding any other provision of law, whenever
other elections are consolidated with a regularly scheduled election,
the period for the filing of nomination documents by candidates in
elections consolidated with the regularly scheduled election shall
commence on the 113th day prior to the election. The nomination
documents shall be filed not later than 5 p.m. on the 88th day prior
to the regularly scheduled election in the office of the appropriate
officer, during regular office hours.
(b) Notwithstanding subdivision (a), if nomination documents for
an incumbent officer of a political subdivision are not filed by 5
p.m. on the 88th day before the 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 nomination documents for
the elective office. This section is not applicable where there is no
incumbent eligible to be elected.

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 subdivision is located do not
coincide with the boundaries of the city, district or other political
subdivision, the board of supervisors may by order, and for the
purpose of the election only, reprecinct the territory in which the
boundaries do not coincide, at any time prior to 30 days before the
election.

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 with the boundaries of
the territory within which some other election is to be held, or the
boundaries of the precincts established for the other election, the
elections may be consolidated as to all precincts which are the same
for both elections. The elections may also be consolidated as to
those precincts where a single precinct established for one election
lies entirely within a single precinct established for the other
election. Separate ballots shall be provided for those voters who
reside outside the territory within which one of the elections is
called.

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 there shall be only one set of election
officers in each of the precincts. When the returns of elections
consolidated pursuant to this part are required to be canvassed by
different canvassing boards, the elections shall be conducted
separately in the same manner as if they had not been consolidated,
except as provided in this part.

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 county or counties in which the city,
district, or other political subdivision is situated, the governing
body of the city, district, or other political subdivision may
authorize the board of supervisors to canvass the returns of the
election. If this authority is given:
(a) The election shall be held in all respects as if there were
only one election.
(b) Only one form of ballot shall be used.
(c) The returns of the election need not be canvassed by the
legislative body of the authorizing city, district or other political
subdivision.
If the authority is given to the board of supervisors, the canvass
shall be made in accordance with Article 1 (commencing with Section
15300) of Chapter 4 of Division 15.

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 another city, district or other political
subdivision, the governing body of one city, district or political
subdivision may authorize the governing body of the other city,
district or political subdivision to canvass the returns of the
election. If this authority is given:
(a) The elections shall be held in all respects as if there were
only one election.
(b) Only one form of ballot shall be used.
(c) The returns of the election need not be canvassed by the
governing body of the authorizing city, district, or other political
subdivision.
If that authority is given, the canvass may be made by any body or
official authorized by law to canvass the returns of the election of
such other city, district or political subdivision.

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 as if there were only one
election, and only one form of ballot shall be used.

10416. Except as otherwise provided in this part, when elections
are consolidated, the governing body ordering consolidation may, in
the territory affected thereby, provide for:
(a) The appointment of precinct boards.
(b) The formation of precincts for such elections.
(c) The expenses of the election.

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 the ordinance, resolution, order,
notice or other document calling, giving notice of or otherwise
pertaining to any election, and the election is consolidated, in
whole or in part, with another election, the ordinance, resolution,
order, notice or other document need not describe or set forth the
precincts, polling places and the names of precinct board members
pertaining to the territory affected by the consolidation but may
instead state that these precincts, polling places, and precinct
board members shall be the same as those provided for the other
election within the territory affected by the consolidation, and in
that event, the ordinance, resolution, order, notice, or other
document shall refer to some ordinance, order, resolution, or notice
calling, providing for or giving notice of the other election and
which sets forth these precincts, polling places, and the names of
precinct board members. This reference may be made by giving the
number and title or date of adoption of the ordinance, resolution, or
order, or the date or proposed date of any publication of the notice
and the name of the newspaper in which the notice has been or will
be published, or by any other definite description. Notwithstanding
the provision of any other provision of law, this reference need not
be made in the case of an election consolidated with a statewide
election.

10418. Whenever an election is to be held on the same day as a
statewide election, including a statewide special election, or an
election held pursuant to Section 1302 or 1303, the election may be
consolidated with the statewide election. If consolidated, the
consolidated election shall be held and conducted, election officers
appointed, voting precincts designated, candidates nominated, ballots
printed, polls opened and closed, ballots counted and returned,
returns canvassed, results declared, certificates of election issued,
and all other proceedings incidental to and connected with the
election shall be regulated and done in accordance with the
provisions of law regulating the statewide or regularly scheduled
election.
The precincts used at the consolidated election shall be those
used for the statewide or regularly scheduled election and, where
necessary, the county elections official may adjust precinct lines to
coincide with the boundaries of the particular jurisdiction.