§ 10704 Special Primary Election Timing

This law tells you when a special primary election must be held to fill a vacant office and how early the nomination papers have to be handled.

Key Takeaways

•The primary is normally the 9th Tuesday before the special general election, but can move to the 10th Tuesday if another election is already scheduled that day.
•Nomination papers can’t be circulated more than 73 days before the primary.
•The papers must be left with the county elections official and filed with the Secretary of State at least 53 days before the primary.

Example

A city council member resigns and a special election is needed to pick a replacement.

The law says the primary election will be on the 9th Tuesday before the special general election, unless there is already another election on that Tuesday, in which case it moves to the 10th Tuesday. Nomination papers can’t start circulating more than 73 days before that primary, and they must be left with the county elections official and filed with the Secretary of State at least 53 days before the primary.

How to Calculate

PrimaryDate = (9th Tuesday before GeneralElectionDate) unless (Condition b is true) then PrimaryDate = (10th Tuesday before GeneralElectionDate). NominationCirculationStart ≤ PrimaryDate − 73 days. NominationLeaveDate ≥ PrimaryDate − 53 days. FilingDate ≥ PrimaryDate − 53 days.

Find the date of the special general election (the day the vacancy will be filled).
Count back Tuesdays from that date. The 9th Tuesday you count is the normal primary date.
Check if both parts of Condition b are true (the 10th Tuesday is an established election date and another election is happening in the same area). If yes, use the 10th Tuesday instead of the 9th.
Subtract 73 days from the primary date to get the latest day you can start handing out nomination papers.
Subtract 53 days from the primary date to get the earliest day the papers must be left with the county elections official and filed with the Secretary of State.

A state senate seat becomes vacant and the special general election is set for November 5, 2024 (a Tuesday).

Result: The primary will be held on Sep 3 2024. Nomination papers can start being handed out on or after Jun 23 2024, and must be left with the county elections official and filed with the Secretary of State by Jul 12 2024.

(a) Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election. (b) A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply: (1) The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000. (2) A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election. (c) The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: “If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.” (d) On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed: “Voter-Nominated Offices All voters may vote in these contests. Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.” (Amended by Stats. 2023, Ch. 676, Sec. 9. (AB 1219) Effective January 1, 2024.)

This law tells you when a special primary election must be held to fill a vacant office and how early the nomination papers have to be handled.

Key Takeaways

•The primary is normally the 9th Tuesday before the special general election, but can move to the 10th Tuesday if another election is already scheduled that day.
•Nomination papers can’t be circulated more than 73 days before the primary.
•The papers must be left with the county elections official and filed with the Secretary of State at least 53 days before the primary.

Example

A city council member resigns and a special election is needed to pick a replacement.

How to Calculate

Find the date of the special general election (the day the vacancy will be filled).
Count back Tuesdays from that date. The 9th Tuesday you count is the normal primary date.
Check if both parts of Condition b are true (the 10th Tuesday is an established election date and another election is happening in the same area). If yes, use the 10th Tuesday instead of the 9th.
Subtract 73 days from the primary date to get the latest day you can start handing out nomination papers.
Subtract 53 days from the primary date to get the earliest day the papers must be left with the county elections official and filed with the Secretary of State.

A state senate seat becomes vacant and the special general election is set for November 5, 2024 (a Tuesday).

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 10704 Special Primary Election Timing

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References