SECTIONS 8140-8150 - California Statutes

ELECTIONS CODE

SECTION 8140-8150

8140. Any candidate for a nonpartisan office who at a primary
election receives votes on a majority of all the ballots cast for
candidates for that office shall be elected to that office. Where two
or more candidates are to be elected to a given office and a greater
number of candidates receive a majority than the number to be
elected, those candidates shall be elected who secure the highest
votes of those receiving a majority, and equal in number to the
number to be elected.
Where a candidate has been elected to a nonpartisan office at the
primary election, that office shall not appear on the ballot at the
ensuing general election, notwithstanding the death, resignation, or
other disqualification of the candidate at a time subsequent to the
primary election.

8141. If no candidate has been elected to a nonpartisan office
pursuant to Section 8140 or if the number of candidates elected at
the primary election is less than the total number to be elected to
that office, then candidates for that office at the ensuing election
shall be those candidates not elected at the primary who received the
next highest number of votes cast for nomination to that office,
equal in number to twice the number remaining to be elected to that
office, or less, if the total number of candidates not elected is
less.

8141.5. Only the two candidates for a voter-nominated office who
receive the highest and second-highest numbers of votes cast at the
primary shall appear on the ballot as candidates for that office at
the ensuing general election. More than one candidate with the same
party preference designation may participate in the general election
pursuant to this subdivision. Notwithstanding the designation made by
the candidate pursuant to Section 8002.5, no candidate for a
voter-nominated office shall be deemed to be the official nominee for
that office of any political party, and no party is entitled to have
a candidate with its party preference designation participate in the
general election unless such candidate is one of the two candidates
receiving the highest or second-highest numbers of votes cast at the
primary election.

8142. (a) In the case of a tie vote, nonpartisan candidates
receiving the same number of votes shall be candidates at the ensuing
general election if they qualify pursuant to Section 8141 whether or
not there are more candidates at the general election than
prescribed by this article. In no case shall the candidates determine
the tie by lot.
(b) In the case of a tie vote among candidates at a primary
election for a voter-nominated office, the following applies:
(1) All candidates receiving the highest number of votes cast for
any candidate shall be candidates at the ensuing general election
whether or not there are more candidates at the general election than
prescribed by this article.
(2) Notwithstanding Section 8141.5, if a tie vote among candidates
results in more than one primary candidate qualifying for the
general election pursuant to subdivision (a), candidates receiving
fewer votes shall not be candidates at the general election, even if
they receive the second highest number of votes cast.
(3) If only one candidate receives the highest number of votes
cast but there is a tie vote among two or more candidates receiving
the second highest number of votes cast, each of those second-place
candidates shall be a candidate at the ensuing general election along
with the candidate receiving the highest number of votes cast,
regardless of whether there are more candidates at the general
election than prescribed by this article.
(4) In no case shall the candidates determine the tie by lot.

8143. If the number of candidates elected at a primary election to
any nonpartisan office is less than the number of persons to be
elected to that office, there shall be printed on the ballot, in a
group, only the names of the other candidates receiving the next
highest number of votes for nomination to that office as may equal
twice the number of persons remaining to be elected to that office,
or a smaller number if the list of candidates is exhausted. This
group shall be preceded by the designation of the office and the
words "vote for ____," the blank being filled by a number equal to
the number of persons remaining to be elected to that office.

8144. The candidates for election to membership on the county
central committee, equal in number to the number to be elected,
receiving the highest number of votes in their supervisorial district
or Assembly district, as the case may be, shall be declared elected.

8145. It is the duty of the officers charged with the canvass of
the returns of any primary election in any county or city to issue:
(a) Certificates of election to each member elected to a county
central committee.
(b) Certificates of nomination to candidates nominated for
nonpartisan offices voted for wholly within one county.

8146. Certificates of nomination or election issued by county or
municipal officers shall be issued immediately upon the completion of
the canvass of the returns at the primary election.

8147. The Secretary of State shall issue certificates of nomination
to candidates nominated for Representatives in Congress, Members of
the State Senate and Assembly, members of the State Board of
Equalization, and for all statewide offices.

8148. Not less than 68 days before the general election, the
Secretary of State shall deliver to the appropriate county elections
official a certificate showing:
(a) The name of every person entitled to receive votes within that
county at the general election who has received the nomination as a
candidate for public office pursuant to this chapter, and the
designation of the public office for which he or she has been
nominated.
(b) For each nominee for a partisan office, the name of the party
that has nominated him or her.
(c) For each nominee for a voter-nominated office, the name of the
party preference, or lack of party preference, as designated by the
candidate in accordance with Section 8002.5.

8149. The Secretary of State shall certify and transmit the list of
candidates for each office according to Assembly districts, in the
order of arrangement prescribed by Chapter 2 (commencing with Section
13100) of Division 13. In the case of each county containing more
than one Assembly district, he or she shall transmit separate lists
for each Assembly district.

8150. The certificate of the Secretary of State showing candidates
nominated or selected at a primary election, and justices of the
Supreme Court and courts of appeal to appear on the general elections
ballot, shall be in a form prescribed by the Secretary of State.