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DIVISION 10. LOCAL, SPECIAL, VACANCY, AND CONSOLIDATED ELECTIONS 10000-10735›PART 6. ELECTIONS TO FILL VACANCIES 10700-10735›CHAPTER 1. Nomination of Candidates for Legislative and Congressional Offices at Special Elections 10700-10707

§ 10703

California Elections Code · 2020-11 edition · updated 2026-10-04 · California

(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.

(c) (1) A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5 or 4001.5.

(2) This subdivision shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

(Amended by Stats. 2019, Ch. 562, Sec. 8.5. (AB 1829) Effective January 1, 2020. Subd. (c) is inoperative January 1, 2021, by its own provisions.)

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