California 2019-2020 Regular Session

California Assembly Bill AB460 Compare Versions

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11 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 460Introduced by Assembly Member Kiley(Coauthor: Senator Bates)February 11, 2019 An act to amend Sections 10700, 10702, and 10703 of, to amend and renumber the heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of, and to repeal Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of, the Elections Code, and to amend Section 1773 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 460, as introduced, Kiley. United States Senate vacancy.Under existing law, when a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor is required, within 14 calendar days after the occurrence of the vacancy, to call an election to fill the vacancy, as specified. With regard to a vacancy in the office of the United States Senate, however, existing law authorizes the Governor to appoint a person to fill the vacancy, as specified.This bill would instead require that a vacancy in the United States Senate be filled in the same manner as a vacancy in a congressional representative or state legislative office. The bill would make conforming and technical changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 10700 of the Elections Code is amended to read:10700. The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.SEC. 2. Section 10702 of the Elections Code is amended to read:10702. Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.SEC. 3. Section 10703 of the Elections Code is amended to read:10703. (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, 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 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election may 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.(2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.SEC. 4. Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of the Elections Code is repealed.SEC. 5. The heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of the Elections Code is amended and renumbered to read: CHAPTER 2. Vacancies in Congressional Offices caused by CatastropheSEC. 6. Section 1773 of the Government Code is amended to read:1773. (a) When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy vacancy.(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governors discretion; and provided, further, that when a vacancy discretion.(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no a special election shall not be held.(b) The Governor shall issue the election proclamation under his the Governors hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.
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33 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 460Introduced by Assembly Member Kiley(Coauthor: Senator Bates)February 11, 2019 An act to amend Sections 10700, 10702, and 10703 of, to amend and renumber the heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of, and to repeal Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of, the Elections Code, and to amend Section 1773 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 460, as introduced, Kiley. United States Senate vacancy.Under existing law, when a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor is required, within 14 calendar days after the occurrence of the vacancy, to call an election to fill the vacancy, as specified. With regard to a vacancy in the office of the United States Senate, however, existing law authorizes the Governor to appoint a person to fill the vacancy, as specified.This bill would instead require that a vacancy in the United States Senate be filled in the same manner as a vacancy in a congressional representative or state legislative office. The bill would make conforming and technical changes.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
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1111 Assembly Bill No. 460
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1313 Introduced by Assembly Member Kiley(Coauthor: Senator Bates)February 11, 2019
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1515 Introduced by Assembly Member Kiley(Coauthor: Senator Bates)
1616 February 11, 2019
1717
1818 An act to amend Sections 10700, 10702, and 10703 of, to amend and renumber the heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of, and to repeal Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of, the Elections Code, and to amend Section 1773 of the Government Code, relating to elections.
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2020 LEGISLATIVE COUNSEL'S DIGEST
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2222 ## LEGISLATIVE COUNSEL'S DIGEST
2323
2424 AB 460, as introduced, Kiley. United States Senate vacancy.
2525
2626 Under existing law, when a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor is required, within 14 calendar days after the occurrence of the vacancy, to call an election to fill the vacancy, as specified. With regard to a vacancy in the office of the United States Senate, however, existing law authorizes the Governor to appoint a person to fill the vacancy, as specified.This bill would instead require that a vacancy in the United States Senate be filled in the same manner as a vacancy in a congressional representative or state legislative office. The bill would make conforming and technical changes.
2727
2828 Under existing law, when a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor is required, within 14 calendar days after the occurrence of the vacancy, to call an election to fill the vacancy, as specified. With regard to a vacancy in the office of the United States Senate, however, existing law authorizes the Governor to appoint a person to fill the vacancy, as specified.
2929
3030 This bill would instead require that a vacancy in the United States Senate be filled in the same manner as a vacancy in a congressional representative or state legislative office. The bill would make conforming and technical changes.
3131
3232 ## Digest Key
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3434 ## Bill Text
3535
3636 The people of the State of California do enact as follows:SECTION 1. Section 10700 of the Elections Code is amended to read:10700. The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.SEC. 2. Section 10702 of the Elections Code is amended to read:10702. Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.SEC. 3. Section 10703 of the Elections Code is amended to read:10703. (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, 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 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election may 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.(2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.SEC. 4. Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of the Elections Code is repealed.SEC. 5. The heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of the Elections Code is amended and renumbered to read: CHAPTER 2. Vacancies in Congressional Offices caused by CatastropheSEC. 6. Section 1773 of the Government Code is amended to read:1773. (a) When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy vacancy.(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governors discretion; and provided, further, that when a vacancy discretion.(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no a special election shall not be held.(b) The Governor shall issue the election proclamation under his the Governors hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.
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3838 The people of the State of California do enact as follows:
3939
4040 ## The people of the State of California do enact as follows:
4141
4242 SECTION 1. Section 10700 of the Elections Code is amended to read:10700. The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.
4343
4444 SECTION 1. Section 10700 of the Elections Code is amended to read:
4545
4646 ### SECTION 1.
4747
4848 10700. The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.
4949
5050 10700. The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.
5151
5252 10700. The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.
5353
5454
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5656 10700. The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.
5757
5858 SEC. 2. Section 10702 of the Elections Code is amended to read:10702. Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.
5959
6060 SEC. 2. Section 10702 of the Elections Code is amended to read:
6161
6262 ### SEC. 2.
6363
6464 10702. Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.
6565
6666 10702. Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.
6767
6868 10702. Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.
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7070
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7272 10702. Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.
7373
7474 SEC. 3. Section 10703 of the Elections Code is amended to read:10703. (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, 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 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election may 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.(2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
7575
7676 SEC. 3. Section 10703 of the Elections Code is amended to read:
7777
7878 ### SEC. 3.
7979
8080 10703. (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, 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 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election may 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.(2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
8181
8282 10703. (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, 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 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election may 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.(2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
8383
8484 10703. (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, 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 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election may 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.(2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
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8888 10703. (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, 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.
8989
9090 (2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 180 days following the proclamation in order to consolidate the election or the primary election with a regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy.
9191
9292 (b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election may shall not be conducted on the day after a state holiday.
9393
9494 (c) (1) A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5.
9595
9696 (2) This subdivision shall remain in effect only until January 1, 2020, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2020, deletes or extends that date.
9797
9898 SEC. 4. Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of the Elections Code is repealed.
9999
100100 SEC. 4. Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of the Elections Code is repealed.
101101
102102 ### SEC. 4.
103103
104104
105105
106106 SEC. 5. The heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of the Elections Code is amended and renumbered to read: CHAPTER 2. Vacancies in Congressional Offices caused by Catastrophe
107107
108108 SEC. 5. The heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of the Elections Code is amended and renumbered to read:
109109
110110 ### SEC. 5.
111111
112112 CHAPTER 2. Vacancies in Congressional Offices caused by Catastrophe
113113
114114 CHAPTER 2. Vacancies in Congressional Offices caused by Catastrophe
115115
116116 CHAPTER 2. Vacancies in Congressional Offices caused by Catastrophe
117117
118118 CHAPTER 2. Vacancies in Congressional Offices caused by Catastrophe
119119
120120 SEC. 6. Section 1773 of the Government Code is amended to read:1773. (a) When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy vacancy.(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governors discretion; and provided, further, that when a vacancy discretion.(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no a special election shall not be held.(b) The Governor shall issue the election proclamation under his the Governors hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.
121121
122122 SEC. 6. Section 1773 of the Government Code is amended to read:
123123
124124 ### SEC. 6.
125125
126126 1773. (a) When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy vacancy.(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governors discretion; and provided, further, that when a vacancy discretion.(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no a special election shall not be held.(b) The Governor shall issue the election proclamation under his the Governors hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.
127127
128128 1773. (a) When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy vacancy.(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governors discretion; and provided, further, that when a vacancy discretion.(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no a special election shall not be held.(b) The Governor shall issue the election proclamation under his the Governors hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.
129129
130130 1773. (a) When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy vacancy.(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governors discretion; and provided, further, that when a vacancy discretion.(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no a special election shall not be held.(b) The Governor shall issue the election proclamation under his the Governors hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.
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132132
133133
134134 1773. (a) When a vacancy occurs in the office of Representative to Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy vacancy.
135135
136136 (1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governors discretion; and provided, further, that when a vacancy discretion.
137137
138138 (2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no a special election shall not be held.
139139
140140 (b) The Governor shall issue the election proclamation under his the Governors hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.