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HomeElections CodeDiv. 10Pt. 3§ 10404 Special District Election Timing

§ 10404 Special District Election Timing

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 10404 Special District Election Timing

This law lets special districts that elect their board members in odd-numbered years move their elections to the same day as the statewide general election, but only if the county board approves the change.

Key Takeaways

  • •A special district can align its election with the statewide general election by passing a resolution.
  • •The resolution must be sent to the county board at least 240 days before the originally scheduled election.
  • •The county board has 60 days to approve, after reviewing cost, equipment, and impact reports; if approved, voters are mailed notice within 30 days.

Example

A fire protection district normally holds its board election in March of an odd year. The district passes a resolution to hold the election on the November general election day instead.

The district sends the resolution to the county board at least 240 days before the March election. The board reviews the impact, checks costs and equipment, and if everything is okay, approves the change. Voters get a mailed notice about the new election date, and the district votes together with the statewide election.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 10404 Special District Election Timing

(a) This section applies only to special districts electing members of the governing body in 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 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 this 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. (Amended by Stats. 2015, Ch. 731, Sec. 5. (AB 1535) Effective January 1, 2016.)

Last verified: January 10, 2026

Key Terms

resolutionelectionperformanceadoptionschoolportconsolidationcommunity

Related Statutes

  • § 10603 School Board Candidate Filing
  • § 10505 District Officer Term Lengths
  • § 11041 Recall Petition Format Requirements
  • § 13300.7 Voter Guide Opt-Out Procedures
  • § 15372 Election Results Certification

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 10404.
View Official Source