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HomeElections CodeDiv. 10Pt. 4§ 10516 Incumbent Candidacy Deadline Extension

§ 10516 Incumbent Candidacy Deadline Extension

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

§ 10516 Incumbent Candidacy Deadline Extension

This law says that if the current office holder doesn't officially say they're running by 88 days before the election, or pulls out before then, other people get extra time (until 83 days before the election) to file their paperwork to run.

Key Takeaways

  • •If the incumbent doesn't file by 5 p.m. on the 88th day before the election, others have until the 83rd day to file.
  • •If the incumbent withdraws before the 88th‑day deadline, the same extra filing time applies.
  • •The rule only works when there is an incumbent; if the seat is open, the normal filing rules stay in place.
  • •When this rule applies, a candidate can also withdraw their filing up until the 83rd‑day deadline.

Example

The current school board member forgets to file their candidacy paperwork by the 88‑day deadline and then decides not to run.

Because the incumbent missed the deadline, any new person who wants to run can still file their paperwork up until 5 p.m. on the 83rd day before the election, giving them a few extra days to get on the ballot.

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

Official Source
View on CA.gov

§ 10516 Incumbent Candidacy Deadline Extension

(a) Notwithstanding any other provision of law, in any district or agency election, if a declaration of candidacy for an incumbent elective officer of a district is not filed by 5 p.m. on the 88th day before the general district election, or is filed but then is withdrawn before 5 p.m. on the 88th day before the election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd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 a declaration of candidacy for the elective office. (b) This section is not applicable where there is no incumbent to be elected. If this section is applicable, notwithstanding Section 10510, a candidate may withdraw their declaration of candidacy until 5 p.m. on the 83rd day before the general election. (Amended by Stats. 2024, Ch. 355, Sec. 13. (AB 1784) Effective January 1, 2025.)

Last verified: January 10, 2026

Key Terms

declaration of candidacyincumbent elective officergeneral district election88th day83rd day

Related Statutes

  • § 10225 Incumbent Nomination Deadline Extension
  • § 10407 Consolidated Election Nomination Deadlines
  • § 10223 Nomination Paper Requirements
  • § 10226.3 Candidate Declaration Form
  • § 10226.5 Candidate Filing Forms

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 10516.
View Official Source