SECTIONS 10730-10735 - California Statutes

ELECTIONS CODE

SECTION 10730-10735

10730. (a) This chapter provides the procedures for nomination and
election of candidates at a special election to fill vacancies in the
House of Representatives caused by a catastrophe.
(b) The procedures provided by Chapter 1 (commencing with Section
10700) shall apply to special elections to the extent those
provisions are not inconsistent with this chapter or Section 8 of
Title 2 of the United States Code.

10731. For purposes of this chapter, the following terms have the
following meanings:
(a) "Catastrophe" means a natural or man-made event that causes a
vacancy in at least 101 of the offices of the United States House of
Representatives, including at least one of the offices representing
California, or at least one-fourth of the total number of offices
representing California.
(b) "Vacancy" means the death or disappearance, as a result of a
catastrophe, of a Representative in Congress.
(c) "Disappearance" means the inability to establish conclusively
whether a Representative in Congress has survived a catastrophe.

10732. Within seven calendar days of a catastrophe, the Governor
shall issue a proclamation calling a special election pursuant to
Section 10703.

10733. (a) In the event of a catastrophe that causes a vacancy in
at least 101 of the offices of the United States House of
Representatives, including at least one of the offices representing
California, a special election to fill a vacancy in the office of
Representative in Congress shall be conducted on a Tuesday not more
than 49 days following the announcement of the vacancy by the Speaker
of the United States House of Representatives pursuant to subsection
(b) of Section 8 of Title 2 of the United States Code.
Notwithstanding Section 10732, the Governor shall issue a
proclamation calling the special election within one day of the
Speaker of the United States House of Representatives announcing the
vacancy. In the event of a catastrophe that causes a vacancy in at
least one-fourth of the total offices of the United States House of
Representatives representing California but not a vacancy in at least
101 of the offices of the United States House of Representatives,
the special election shall occur on a Tuesday not more than 49 days
following the issuance of an election proclamation by the Governor.
(b) A special election may be conducted within 75 days following
the proclamation in order that the special election may be
consolidated with the next regularly scheduled statewide election or
local election occurring wholly or partially within the same
territory in which the vacancy exists, provided that the voters
eligible to vote in the local election comprise at least 50 percent
of all the voters eligible to vote on the vacancy.
(c) A special election to fill a vacancy caused by a catastrophe
that causes vacancies in at least 101 of the offices of the United
States House of Representatives pursuant to subdivision (a) shall not
be conducted if any of the following is scheduled to occur within 75
days of the Speaker of the United States House of Representatives
calling the vacancy:
(1) A regularly scheduled general election for the vacant office.
(2) A special election for the vacant office, conducted pursuant
to a proclamation issued by the Governor prior to the date on which
the Speaker of the United States House of Representatives announced
the vacancy.

10734. (a) A special primary election shall not be held for a
special general election conducted pursuant to this chapter.
Candidates at the special general election shall be nominated in the
manner set forth in Chapter 1 (commencing with Section 8000) of Part
1 of Division 8, except that nomination papers shall not be
circulated more than 46 days before the special general election,
shall be left with the county elections official for examination not
less than 39 days before the special general election, and shall be
filed with the Secretary of State not less than 35 days before the
special general election.
(b) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 30 days before the
special general election. Applications received by the elections
official prior to the 30th day shall not be returned to the sender,
but shall be held by the elections official and processed by him or
her following the 30th day prior to the election in the same manner
as if received at that time.

10735. (a) (1) In the case of a special election due to a
catastrophe that causes a vacancy in at least 101 offices of the of
the United States House of Representatives, the county elections
official shall, to the greatest extent practicable, deliver vote by
mail ballots requested pursuant to Chapter 4 (commencing with Section
3300) of Division 3 not later than 15 days after the date on which
the Speaker of the United States House of Representatives announces
the vacancy.
(2) In the case of a special election due to a catastrophe that
causes a vacancy in at least one-fourth of the total offices of the
United States House of Representatives representing California but
not a vacancy in at least 101 of the offices of the United States
House of Representatives, the county elections official shall, to the
greatest extent practicable, deliver vote by mail ballots requested
pursuant to Chapter 4 (commencing with Section 3300) of Division 3
not later than 15 days after the date on which the Governor issues
the proclamation calling the election to fill the vacancy.
(b) A vote by mail ballot cast pursuant to Chapter 4 (commencing
with Section 3300) of Division 3 in a special general election
conducted pursuant to this chapter shall be postmarked not later than
the date of the election, shall be received by the county elections
official not later than 45 days after the date on which the elections
official transmitted the ballot to the voter, and shall comply with
all other relevant requirements of this code.
(c) Notwithstanding any other provision of law, any deadlines
relating to canvassing, announcement of election results, or
certification of election results may be extended for a reasonable
period of time to facilitate the tabulating and processing of ballots
cast pursuant to Chapter 4 (commencing with Section 3300) of
Division 3. An extension of a deadline pursuant to this section must
be authorized by the Secretary of State.