Section 10229 Of Article 2. Nomination Of Candidates From California Elections Code >> Division 10. >> Part 2. >> Chapter 2. >> Article 2.
10229
. (a) If, by the 88th day, during normal business hours as
posted, prior to the day fixed for a regularly scheduled municipal
election or the 83rd day before the election, during normal business
hours as posted, if an incumbent fails to file pursuant to Section
10225, (i) no one or only one person has been nominated for any
office that is elected on a citywide basis, or (ii) no one or only
one person is nominated to be elected from or by a legislative
district, or (iii) in the case of any office or offices to be elected
at large, the number of persons who have been nominated for those
offices does not exceed the number to be filled at that election; or,
if, by the 88th day, during normal business hours as posted, before
a municipal election to fill any vacancy in office, no one or only
one person has been nominated for any elective office to be filled at
that election, and the election is subject to Section 36512 of the
Government Code, the city elections official shall submit a
certificate of these facts to the governing body of the city and
inform the governing body of the city that it may, at a regular or
special meeting held before the municipal election, adopt one of the
following courses of action:
(1) Appoint to the office the person who has been nominated.
(2) Appoint to the office an eligible elector if no one has been
nominated.
(3) Hold the election, if either no one or only one person has
been nominated. The city elections official shall publish a notice of
the facts described in this section and the courses of action
available under this subdivision. Publication shall be made pursuant
to Section 6061 of the Government Code in any newspaper of general
circulation as designated by the city elections official.
After the fifth day following the date of posting or publication,
the governing body of the city may make the appointment or direct an
election to be held in the affected territory. The person appointed,
if any, shall qualify and take office and serve exactly as if elected
at a municipal election for the office.
Notwithstanding Section 10403, if, by the 75th day before the
municipal election, no person has been appointed to office pursuant
to paragraph (1) or (2), the election shall be held.
(b) Subdivision (a) shall not apply if, at the regularly scheduled
municipal election, more than one person has been nominated to
another city office to be elected on a citywide basis or a city
measure has qualified and is to be submitted to the voters at that
municipal election.
(c) Notwithstanding Chapter 1 (commencing with Section 8600) of
Part 3 of Division 8, or any other provision of the law to the
contrary, if the governing body of a city makes an appointment
pursuant to subdivision (a), the elections official shall not accept
for filing any statement of write-in candidacy that is submitted
after the appointment is made.
(d) Nothing in this section shall be construed to prevent a city
from enacting an ordinance pursuant to Section 36512 of the
Government Code, requiring that a special election be held, or from
enacting an ordinance pursuant to Section 36512 of the Government
Code, providing that a person appointed to fill a vacancy on the city
council shall hold office only until the date of the special
election, or both. Any ordinance or ordinances may allow for
appointment consistent with subdivision (a) without requiring or
providing for a special election.
If an appointment to office is made in a particular legislative
district pursuant to subdivision (a), that appointment shall not
affect the conduct of the municipal election in other legislative
districts of the city.