(a) Whenever a candidate for nomination for a nonpartisan office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until after the election, a vacancy exists on the general election ballot, which shall be filled in the manner provided in Section 8807 for filling a vacancy caused by the death of a candidate.

(b) Whenever a candidate for nomination for a voter-nominated office at a primary election dies on or before the day of the election, and a sufficient number of ballots are marked as being voted for him or her to entitle him or her to nomination if he or she had lived until after the election, the name of the deceased candidate shall appear on the general election ballot and the general election shall proceed in accordance with subdivision (b) of Section 8803.

Terms Used In California Elections Code 8805

  • candidate: includes any officeholder who is subject to a recall election. See California Elections Code 305
  • 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

  • Nonpartisan office: means an office, except for a voter-nominated office, for which no party may nominate a candidate. See California Elections Code 334
  • Primary election: includes all primary nominating elections provided for by this code. See California Elections Code 341
  • 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. 28. (AB 1413) Effective February 10, 2012.)

  Previous section
Next section  
 Part 4 Contents