§ 10733 Catastrophic Congressional Vacancy Elections

This law tells how and when to hold a special election to fill a House seat when a big disaster knocks out many members, especially if it hits California a lot.

Key Takeaways

•If a disaster empties 101 or more House seats, a special election must happen within 49 days of the Speaker’s announcement.
•If the disaster empties at least ¼ of California’s seats (but fewer than 101 total), the Governor’s proclamation starts the 49‑day clock.
•A special election can be combined with another election only if that other election’s voters are at least half of the voters for the vacant seat and it happens within 75 days of the proclamation.
•The special election is cancelled if a regular election or an earlier special election is already scheduled within 75 days of the Speaker’s vacancy notice.

Example

A massive earthquake wipes out 120 members of the U.S. House, including two from California.

Because more than 101 seats are empty, the Speaker announces the vacancy and the Governor must call a special election within one day. The election has to be held on a Tuesday no later than 49 days after the announcement.

How to Calculate

If Vacancies ≥ 101 → ElectionDate ≤ AnnouncementDate + 49 days; If Vacancies_CA ≥ (Total_CA_Seats ÷ 4) AND Vacancies < 101 → ElectionDate ≤ GovernorProclamationDate + 49 days; Consolidation allowed if LocalElectionVoters ≥ 0.5 × VacancyVoters and ElectionDate ≤ ProclamationDate + 75 days.

Count how many House seats are empty because of the catastrophe.
Check if the count is 101 or more. If yes, use the 49‑day rule from the Speaker’s announcement.
If the count is less than 101, see if at least one‑fourth of California’s seats are empty. If yes, use the 49‑day rule from the Governor’s proclamation.
Decide if the special election can be combined with another election. Make sure the voters in the other election are at least half of the voters who could vote for the vacant seat, and that the combined election happens within 75 days of the proclamation.
Verify that no regular general election or earlier special election is scheduled within 75 days of the Speaker’s vacancy announcement; if one is, the special election is cancelled.

120 vacancies nationwide (including 2 in California). Total California seats = 53.

Result: Because Vacancies ≥ 101, the election must be on a Tuesday no later than 2024-04-19 (49 days after March 1).

(a) In the event of a catastrophe that causes a vacancy in at least 101 of the offices of the United States House of Representatives, including at least one of the offices representing California, a special election to fill a vacancy in the office of Representative in Congress shall be conducted on a Tuesday not more than 49 days following the announcement of the vacancy by the Speaker of the United States House of Representatives pursuant to subsection (b) of Section 8 of Title 2 of the United States Code. Notwithstanding Section 10732, the Governor shall issue a proclamation calling the special election within one day of the Speaker of the United States House of Representatives announcing the vacancy. In the event of a catastrophe that causes a vacancy in at least one-fourth of the total offices of the United States House of Representatives representing California but not a vacancy in at least 101 of the offices of the United States House of Representatives, the special election shall occur on a Tuesday not more than 49 days following the issuance of an election proclamation by the Governor. (b) A special election may be conducted within 75 days following the proclamation in order that the special election may be consolidated with the next 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. (c) A special election to fill a vacancy caused by a catastrophe that causes vacancies in at least 101 of the offices of the United States House of Representatives pursuant to subdivision (a) shall not be conducted if any of the following is scheduled to occur within 75 days of the Speaker of the United States House of Representatives calling the vacancy: (1) A regularly scheduled general election for the vacant office. (2) A special election for the vacant office, conducted pursuant to a proclamation issued by the Governor prior to the date on which the Speaker of the United States House of Representatives announced the vacancy. (Amended by Stats. 2010, Ch. 306, Sec. 4. (SB 211) Effective January 1, 2011.)

This law tells how and when to hold a special election to fill a House seat when a big disaster knocks out many members, especially if it hits California a lot.

Key Takeaways

•If a disaster empties 101 or more House seats, a special election must happen within 49 days of the Speaker’s announcement.
•If the disaster empties at least ¼ of California’s seats (but fewer than 101 total), the Governor’s proclamation starts the 49‑day clock.
•A special election can be combined with another election only if that other election’s voters are at least half of the voters for the vacant seat and it happens within 75 days of the proclamation.
•The special election is cancelled if a regular election or an earlier special election is already scheduled within 75 days of the Speaker’s vacancy notice.

Example

A massive earthquake wipes out 120 members of the U.S. House, including two from California.

How to Calculate

Count how many House seats are empty because of the catastrophe.
Check if the count is 101 or more. If yes, use the 49‑day rule from the Speaker’s announcement.
If the count is less than 101, see if at least one‑fourth of California’s seats are empty. If yes, use the 49‑day rule from the Governor’s proclamation.
Decide if the special election can be combined with another election. Make sure the voters in the other election are at least half of the voters who could vote for the vacant seat, and that the combined election happens within 75 days of the proclamation.
Verify that no regular general election or earlier special election is scheduled within 75 days of the Speaker’s vacancy announcement; if one is, the special election is cancelled.

120 vacancies nationwide (including 2 in California). Total California seats = 53.

Result: Because Vacancies ≥ 101, the election must be on a Tuesday no later than 2024-04-19 (49 days after March 1).

Key Takeaways

Example

How to Calculate

Key Terms

References

§ 10733 Catastrophic Congressional Vacancy Elections

Key Takeaways

Example

How to Calculate

Key Terms

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References

Key Takeaways

Example

How to Calculate

Key Terms

Related Statutes

References