HomeMy WebLinkAboutIII- B Council Vacancies 2005 California Elections Manual
VACANCIES
When a vacancy occurs in an elective office in a 30-day period. Once called, the timing and
general law city or a charter city which follows mechanics of an election to fill a vacancy vary
the general law on vacancies, Government little, if any,from a General Municipal Election.
Code §36512 allows the City Council 30 days
from the commencement of the vacancy to The council has three alternative procedures it
appoint someone to the position. For purposes may follow to fill a vacancy. First, it may enact
of determining the 30-day deadline, an ordinance which requires that a special
commencement of the vacancy occurs when the election be called immediately to fill any vacancy
Council receives notice of the vacancy at a on the city council or in the office of elective
council meeting. mayor designated pursuant to Government
Code §34902. The ordinance shall provide that
The council may not make an appointment to fill the special election shall be held on the next
a vacancy on the city council if the appointment regularly established election date not less than
would result in a majority of the members 114 days from the call of the special election.
serving on the council having been appointed. In
that case the council must call an election to fill Second, it may enact an ordinance which
the vacancy. requires that a special election be held to fill any
vacancy on the city council or in the office of
If the council is unable to make an appointment elective mayor when petitions bearing a
to fill a vacancy in an elective office, it shall call specified number of verified signatures are filed.
a special election. The special election shall be The ordinance shall provide that the special
held on the next regularly established election election be held on the next regularly
date not less than 114 days from the call of the established election date not less than 114 days
special election. Election Code § 1000 from the filing of the petition. A governing body
establishes the following regularly established which has enacted such an ordinance may also
election dates: call a special election without waiting for the
a. The second Tuesday of April of each filing of a petition.
even-numbered year.
b. The first Tuesday after the first Monday Third, it may provide that a person appointed to
in March of each odd-numbered year. fill any vacancy on the city council (it does not
c. The first Tuesday after the first Monday include the office of elective mayor) holds office
in June of each year. only until the date of a special election which
d. The first Tuesday after the first Monday shall immediately be called to fill the remainder
in November of each year. of the term. The special election may be held on
the date of the next regularly established
A person appointed or elected to fill a vacancy election or regularly scheduled municipal
holds office for the unexpired term of the former election to be held throughout the city not less
incumbent. than 114 days from the call of the special
election.
The Government Code would require the council
to call the election before the 30-day period If your city is a charter city, check your charter
expires. Since the election must be held on a first for vacancy provisions.
specified election day, calling the election after
the close of the 30-day period but prior to the Note: Section 34902 refers to the office of Mayor
114th day before the election would usually have as an elective position, and filling of vacancies is
the same effect as calling the election within the the same as above.
Sections referenced above:
EC: GC: 36512
1000 34902
Martin&Chapman Co.•1951 Wright Circle•Anaheim,California 92806-6028.714-939-9866•Fax 714-939-9870
www.martinchapman.com (10/20/2004) scott@martinchapman.com
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AZUSA
INFORMATION
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: VERA MENDOZA, CITY CLERK V
DATE: MARCH 21, 2005
SUBJECT: Council Vacancies
Attached please find information regarding options for filling vacancies on the City
Council taken from the City Clerk Election Manual of 2005.
jziAjiAPrepared by C. Toscano, Assistant City Clerk
Attachments: Council Vacancy Information
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