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HomeElections CodeDiv. 10Pt. 6Ch. 1§ 10703 Special Election Vacancy Timing

§ 10703 Special Election Vacancy Timing

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

§ 10703 Special Election Vacancy Timing

This law tells the state when to hold a special election to replace a missing Congressman, State Senator, or Assembly member, and says the election can’t be the day after a state holiday.

Key Takeaways

  • •Special elections for Congress, State Senate, or Assembly seats must be on a Tuesday.
  • •The election date must be 126‑140 days after the Governor’s proclamation, unless it’s combined with another election that can happen within 200 days.
  • •No special or primary election can be held the day after a state holiday (except where Chapter 3 says otherwise).

Example

A State Senator quits, the Governor signs a proclamation, and the state schedules a special election for the vacant seat.

The election must be on a Tuesday that falls between 126 and 140 days after the Governor’s proclamation, unless the state decides to combine it with another election that can be held within 200 days. The election also can’t be held the day after a state holiday.

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

Official Source
View on CA.gov

§ 10703 Special Election Vacancy Timing

(a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code. (2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists. (b) Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday. (Amended by Stats. 2024, Ch. 854, Sec. 6. (AB 3284) Effective January 1, 2025.)

Last verified: January 10, 2026

Key Terms

special electionvacancyelection proclamationstate holiday

Related Statutes

  • § 10701 Filling Legislative Vacancies
  • § 10702 Special Election Candidate Procedures
  • § 10004 Special District Election Failure
  • § 1003 Election Exemption Rules
  • § 10700 Governor Calls Special Elections

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 10703.
View Official Source