(a) Whenever a candidate whose name appears upon the ballot at any election for an office other than a voter-nominated office dies after the 68th day before the election, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.

(b) Whenever a candidate whose name appears on the ballot at any election for a voter-nominated office dies, the votes cast for the deceased candidate shall be counted in determining the results of the election for the office for which the decedent was a candidate. If the deceased candidate receives a majority of the votes cast for the office at the general election, he or she shall be considered elected and the office to which he or she was elected shall be vacant at the beginning of the term for which he or she was elected. The vacancy thus created shall be filled in the same manner as if the candidate had died subsequent to taking office for that term.

Terms Used In California Elections Code 15402

  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • Decedent: A deceased person.
  • Election: means any election including a primary that is provided for under this code. See California Elections Code 318
  • General election: means either of the following:

    California Elections Code 324

  • Voter-nominated office: means a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot. See California Elections Code 359.5

(Amended by Stats. 2012, Ch. 3, Sec. 45. (AB 1413) Effective February 10, 2012.)