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HomeElections CodeDiv. 12Ch. 4Art. 1§ 12313 Precinct Board Vacancy Filling

§ 12313 Precinct Board Vacancy Filling

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12313 Precinct Board Vacancy Filling

If a precinct board member isn’t there when the polls open, the voters who are there can pick someone to fill the spot, and if that person also isn’t there, they can pick a whole new board.

Key Takeaways

  • •Voters present at the opening can appoint a replacement if a board member is missing.
  • •If the appointed replacement also doesn’t appear, the voters can appoint a whole new board.
  • •This rule only works for regular precinct polls, not for vote‑center elections.

Example

On election day, a precinct board member forgets to show up at the polling place. The voters who arrived early notice the empty seat.

Those early voters can choose another voter to take the missing board member’s place. If the person they pick also doesn’t show up, the same group of voters can choose an entire new board to run the poll.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12313 Precinct Board Vacancy Filling

(a) If any member of a precinct board does not appear at the opening of the polls on the morning of an election, those voters present, including members of the board, shall appoint a voter to fill the vacancy. If none of the members appointed appears at that time, the voters of the precinct present at that time may appoint a board. (b) This section does not apply to elections conducted using vote centers. (Amended by Stats. 2017, Ch. 806, Sec. 38. (SB 286) Effective January 1, 2018.)

Last verified: January 10, 2026

Key Terms

precinct boardvote centersappoint a voteropening of the polls

Related Statutes

  • § 14405 Ballot Accounting By Precincts
  • § 12301 Precinct Board Appointments
  • § 12304 Precinct Board Composition Rules
  • § 12307 Precinct Board Appointment Notice
  • § 12310 Precinct Board Member Pay

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 12313.
View Official Source