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HomeGovernment CodeDiv. 4Ch. 4Art. 2§ 1773 Filling Legislative Vacancies

§ 1773 Filling Legislative Vacancies

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

§ 1773 Filling Legislative Vacancies

Key Takeaways

  • •If a Congress or Legislature seat is empty, the Governor must call for a new election within 14 days.
  • •If the empty seat is in Congress and it's late in the term, the Governor can choose to have a special election or not.
  • •If the empty seat is in the Legislature and it's late in the term, no special election is held.
  • •The Governor must officially announce the election and send copies to the counties where the election will happen.

Example

A Congressperson resigns in the middle of their term.

The Governor has to call for a new election within 14 days to fill the empty seat. If it's close to the end of the term, the Governor can decide if there's a special election or not.

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

Official Source
View on CA.gov

§ 1773 Filling Legislative Vacancies

When a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of election to fill the vacancy; provided, that when such vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion; and provided, further, that 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. The Governor shall issue the election proclamation under his hand and the Great Seal of the state, and transmit copies to the board of supervisors of the counties in which the election is to be held. (Amended by Stats. 1976, Ch. 1155.)

Last verified: January 22, 2026

Key Terms

vacancywrit of electionspecial electionnomination periodGovernor’s discretion

Related Statutes

  • § 1771 Officer Vacancy Notification Requirements
  • § 1773.5 Congressional Vacancy By Disappearance
  • § 1775 Filling State Officer Vacancies
  • § 1777 Vacancy Officer Rights Duties
  • § 1778 Special District Vacancy Appointment

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 1773.
View Official Source