§ 10701 Filling Legislative Vacancies

Elections Code·California

AI SummaryVerified

This law says that if a Congress or state legislature seat becomes empty in the last year of the term after the deadline for candidates has passed, the governor can choose not to hold a new election for Congress, and no special election can be held for a state legislative seat.

Key Takeaways

•The governor can decide not to call a special election for a vacant congressional seat in the last year after nominations close.
•For a vacant state legislative seat in the same situation, the law says no special election can be held at all.
•These rules only apply in the final year of the term and only after the nomination period has ended.

Example

A state senator resigns in August of the last year of their term, after the filing deadline for candidates has already passed.

Because the resignation happened after the nomination deadline in the final year, the law says no special election will be held, so the seat stays empty until the next regular election.

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

Official Source

View on CA.gov

§ 10701 Filling Legislative Vacancies

(a) When a vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, the Governor may decline to issue an election proclamation at his discretion. (b) When a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held. (Enacted by Stats. 1994, Ch. 920, Sec. 2.)

Last verified: January 10, 2026

Key Terms

vacancy congressional office legislative office nomination period election proclamation special election

References

Official text at leginfo.legislature.ca.gov
California Legislature. Elections Code. Section 10701.

§ 10701 Filling Legislative Vacancies

Elections Code·California

AI SummaryVerified

§ 10701 Filling Legislative Vacancies

Key Takeaways

•The governor can decide not to call a special election for a vacant congressional seat in the last year after nominations close.
•For a vacant state legislative seat in the same situation, the law says no special election can be held at all.
•These rules only apply in the final year of the term and only after the nomination period has ended.

Example

A state senator resigns in August of the last year of their term, after the filing deadline for candidates has already passed.

Because the resignation happened after the nomination deadline in the final year, the law says no special election will be held, so the seat stays empty until the next regular election.

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

Official Source

View on CA.gov

§ 10701 Filling Legislative Vacancies

Last verified: January 10, 2026

Key Terms

vacancy congressional office legislative office nomination period election proclamation special election

References

Official text at leginfo.legislature.ca.gov
California Legislature. Elections Code. Section 10701.

Key Takeaways

Example

Key Terms

Related Statutes

References

Key Takeaways

Example

Key Terms

Related Statutes

References