SECTIONS 10400-10418

10400.  Whenever two or more elections, including bond elections, ofany legislative or congressional district, public district, city,county or other political subdivision are called to be held on thesame day, in the same territory, or in territory that is in part thesame, they may be consolidated pursuant to this chapter upon theorder of the governing body or bodies or officer or officers callingthe elections. The elections, whether held under a freeholder charter or underany state law, or both, may be consolidated, and different electionscalled by the same governing body may be consolidated.10401.  Where one of the elections to be consolidated is a statewideelection, the board of supervisors of the county in which theconsolidation is to be effected may order the consolidation.10402.  When local elections are to be consolidated, and no specificprocedure is specified for their consolidation, the procedure setforth in Section 10403 shall govern the consolidation, except thatthe governing body of the jurisdiction that receives a request forthe consolidation, or an officer otherwise authorized by law, mayorder the consolidation.10402.5.  Any state, county, municipal, district, and schooldistrict election held on a statewide election date pursuant toSection 1002 shall be consolidated with the statewide electionpursuant to this part except that, in counties of the first class,the board of supervisors may deny any request for consolidation if itfinds that the ballot style, voting equipment, or computer capacityis such that additional elections or materials cannot be handled. Theprocedural requirements prescribed for that type of election shallbe construed as if this section were specifically set forth in theprovisions relating to that election.10403.  Whenever an election called by a district, city or otherpolitical subdivision for the submission of any question,proposition, or office to be filled is to be consolidated with astatewide election, and the question, proposition, or office to befilled is to appear upon the same ballot as that provided for thatstatewide election, the district, city, or other politicalsubdivision shall, at least 88 days prior to the date of theelection, file with the board of supervisors, and a copy with theelections official, a resolution of its governing board requestingthe consolidation, and setting forth the exact form of any question,proposition, or office to be voted upon at the election, as it is toappear on the ballot. The question or proposition to appear on theballot shall conform to this code governing the wording ofpropositions submitted to the voters at a statewide election. Theresolution requesting the consolidation shall be adopted and filed atthe same time as the adoption of the ordinance, resolution, or ordercalling the election. The names of the candidates to appear upon theballot where district, city, or other political subdivision officesare to be filled shall be filed with the county elections official nolater than 81 days prior to the election.10403.5.  (a) (1) Any city ordinance requiring its general municipalelection to be held on a day specified in subdivision (b) of Section1301 shall be approved by the board of supervisors unless the ballotstyle, voting equipment, or computer capability is such thatadditional elections or materials cannot be handled. Prior toadoption of a resolution to either approve or deny a consolidationrequest, the board or boards of supervisors shall each obtain fromthe elections official a report on the cost-effectiveness of theproposed action. (2) A city, by itself or in concert with other cities, maypurchase or otherwise contribute to the purchase of electionsequipment, including, but not limited to, a computer for the purposesof conducting a consolidated election when the equipment shall beowned by the county. (b) As a result of the adoption of an ordinance pursuant to thissection, no term of office shall be increased or decreased by morethan 12 months. As used in this subdivision, "12 months" means theperiod between the day upon which the term of office would otherwisehave commenced and the first Tuesday after the second Monday in the12th month before or after that day, inclusive. (c) If an election is held on a day specified in subdivision (b)of Section 1301, and the election is consolidated with anotherelection this part, except Section 10403, shall govern theconsolidation and, if the county elections official is requested toconduct the municipal election, Section 10002 shall be applicable tothat election. (d) If a general municipal election is held on the same day as astatewide election, those city officers whose terms of office wouldhave, prior to the adoption of the ordinance, expired no later thanthe next regularly scheduled city council meeting after receipt ofthe certification of the results from the elections official shall,instead, continue in their offices until not later than that meeting. (e) Within 30 days after the ordinance becomes operative, the cityelections official shall cause a notice to be mailed to allregistered voters informing the voters of the change in the electiondate. The notice shall also inform the voters that as a result in thechange in the election date, the terms of office of the elected cityofficeholders will be changed.10404.  (a) This section applies only to special districts electingmembers of the governing body in November of odd-numbered years. Asused in this section, "special district" means an agency of the stateformed pursuant to general law or special act, for the localperformance of governmental or proprietary functions within limitedboundaries, except a city, county, city and county, school orcommunity college district, or special assessment district. (b) Notwithstanding any other provision of law, a governing bodyof a special district may, by resolution, require that its electionsof governing body members be held on the same day as the statewidegeneral election. (1) The resolution setting the election shall also include datesthat are consistent with the primary or general election with respectto nominations, notices, canvass of votes, certification ofelection, and all other procedural requirements of the Elections Codepertaining to the primary or general election. (2) The resolution shall be submitted to the board of supervisorsno later than 240 days prior to the date of the currently scheduleddistrict election. (c) The board of supervisors shall notify all districts located inthe county of the receipt of the resolution to consolidate and shallrequest input from each district on the effect of consolidation. (d) The elections official shall prepare and transmit to the boardof supervisors an impact analysis of the proposed consolidation. (e) The board of supervisors, within 60 days from the date ofsubmission, shall approve the resolution unless it finds that theballot style, voting equipment, or computer capacity is such thatadditional elections or materials cannot be handled. Prior to theadoption of a resolution to either approve or deny a consolidationrequest, the board or boards of supervisors shall each obtain fromthe elections official a report on the cost-effectiveness of theproposed action. (f) Within 30 days after the approval of the resolution, theelections official shall notify all registered voters of thedistricts affected by the consolidation of the approval of theresolution by the board of supervisors. The notice shall be deliveredby mail and at the expense of the district. (g) Public notices of the proceedings in which the resolution isto be considered for adoption shall be made pursuant to Section 25151of the Government Code. (h) If a special district is located in more than one county, thespecial district may not consolidate an election if any county inwhich the special district is located denies the request forconsolidation. (i) If, pursuant to subdivision (b), a special district electionis held on the same day as the statewide general election, thosegoverning body members whose terms of office would have, prior to theadoption of the resolution, expired prior to that election shall,instead, continue in their offices until their successors are electedand qualified, but in no event shall the term be extended beyondDecember 31 of the year following the year in which the request forconsolidation is approved by the board of supervisors. (j) If a board of supervisors approves the resolution pursuant tosubdivision (e), the special district election shall be conducted onthe date specified by the board of supervisors, in accordance withsubdivision (a), unless the approval is later rescinded by the boardof supervisors. (k) If the date of a special district election is changed pursuantto this section, at least one election shall be held before theresolution, as approved by the board of supervisors, may besubsequently repealed or amended.10404.5.  (a) A resolution of the governing board of a schooldistrict or county board of education to establish an election daypursuant to subdivision (b) of Section 1302 shall be adopted andsubmitted to the board of supervisors not later than 240 days priorto the date of the currently scheduled election of the district orfor the members of the county board of education. (b) The final date for the submission of the resolution by thegoverning board of a school district or county board of education tothe board of supervisors is not subject to waiver. (c) The board of supervisors shall notify all school districts andthe county board of education located in the county of the receiptof the resolution to consolidate and shall request input from eachdistrict on the effect of consolidation. (d) (1) The board of supervisors, within 60 days from the date ofsubmission, shall approve the resolution unless it finds that theballot style, voting equipment, or computer capacity is such thatadditional elections or materials cannot be handled. Prior to theadoption of a resolution to either approve or deny a consolidationrequest, the board or boards of supervisors may obtain from theelections official a report on the cost-effectiveness of the proposedaction. (2) Public notices of the proceedings in which the resolution isto be considered for adoption shall be made pursuant to Section 25151of the Government Code. (e) Within 30 days after the approval of the resolution by theboard of supervisors, the elections official shall notify allregistered voters of the districts affected by the consolidation ofthe approval of the resolution by the board of supervisors. Thenotice shall be delivered by mail and at the expense of the schooldistrict or if applicable, the county board of education. (f) An election day established pursuant to subdivision (b) ofSection 1302 shall be prescribed to occur not less than one month,nor more than 12 months, subsequent to the election day prescribed inSection 5000 of the Education Code or pursuant to Section 1007 ofthe Education Code, as appropriate. As used in this subdivision, "12months" means the period from the election day prescribed in Section5000 of the Education Code or pursuant to Section 1007 of theEducation Code, as appropriate, to the first Tuesday after the firstMonday in the 12th month subsequent to that day, inclusive. (g) In the event that the election day for a school districtgoverning board or county board of education is established pursuantto subdivision (b) of Section 1302, the term of office of all thenincumbent members of that governing board or county board ofeducation shall be extended accordingly.10404.7.  A school district in Tehama County or the Tehama CountyBoard of Education, by itself or in concert with other schooldistricts or county boards of education, may purchase or otherwisecontribute to the purchase of elections equipment, including, but notlimited to, a computer for the purposes of conducting a consolidatedelection when the equipment shall be owned by Tehama County.10405.  Notwithstanding any other provision of law, theRegistrar-Recorder of the County of Los Angeles and the Registrar ofVoters of Orange County may, pursuant to agreement between thosecounties, perform, either on behalf of the other, any and all dutiesrelating to the conducting of the election, the counting of votes,and any other election procedures to the extent that those duties arefor the conduct of an election of governing board members for anyschool district whose territory lies within both the County of LosAngeles and Orange County, pursuant to the consolidation of thatelection with a primary, municipal, or general election underSections 1302 and 10404.5.10405.7.  (a) The resolution of the community college districtgoverning board to establish an election day pursuant to subdivision(b) of Section 1302 shall be adopted and submitted to the board ofsupervisors not later than 240 days prior to the date of thecurrently scheduled election for the governing board members of thecommunity college district. (b) The final date for the submission of the resolution by thecommunity college district governing board to the board ofsupervisors is not subject to waiver. (c) The board of supervisors shall notify all community collegedistricts located in the county of the receipts of the resolution toconsolidate and shall request input from each district on the effectof consolidation. (d) (1) The board of supervisors, within 60 days from the date ofsubmission, shall approve the resolution unless it finds that theballot style, voting equipment, or computer capacity is such thatadditional elections or materials cannot be handled. Prior to theadoption of a resolution to either approve or deny a consolidationrequest, the board or boards of supervisors may each obtain from theelections official a report on the cost-effectiveness of the proposedaction. (2) Public notices of the proceedings in which the resolution isto be considered for adoption shall be made pursuant to Section 25151of the Government Code. (e) Within 30 days after the approval of the resolution by theboard of supervisors, the elections official shall notify allregistered voters of the districts affected by the consolidation ofthe approval of the resolution by the board of supervisors. Thenotice shall be delivered by mail and at the expense of the communitycollege district. (f) An election day established pursuant to subdivision (b) ofSection 1302 shall be prescribed to occur not less than one month,nor more than 12 months, subsequent to the election day prescribed inSection 5000. As used in this subdivision, "12 months" means theperiod from the election day prescribed in Section 5000 of theEducation Code to the first Tuesday after the first Monday in the12th month subsequent to that day, inclusive. (g) If, pursuant to subdivision (b) of Section 1302, a districtgoverning board member election is held on the same day as astatewide general election, those district governing board memberswhose four-year terms of office would have, prior to the adoption ofthe resolution, expired prior to that election shall, instead,continue in their offices until successors are elected and qualified.10405.8.  In a community college district that includes the trusteeareas authorized to be established pursuant to the third paragraph ofSection 72023 of the Education Code, the consolidation of theelection of trustees on the same date as the statewide generalelection pursuant to Section 10405.7 may be approved by any county orcounties for the trustee areas located entirely within that countyor counties. The approval of any county or counties in which theother trustee areas are located shall not be required. Electionsresulting from changes in election dates pursuant to this sectionshall be deemed to meet the requirement of staggered terms set forthin Section 72023 of the Education Code.10406.  Notwithstanding any other provision of law, if a statewidespecial election is called less than 88 days prior to the date ofthat election, a district, city, or other political subdivision maycall for a special local election for the submission of any question,proposition, or office to be filled, to be consolidated with thestatewide special election if the call is issued within four daysfrom the date of issuance of the Governor's proclamation or theeffective date of a statute calling for a statewide special election.10407.  (a) Notwithstanding any other provision of law, wheneverother elections are consolidated with a regularly scheduled election,the period for the filing of nomination documents by candidates inelections consolidated with the regularly scheduled election shallcommence on the 113th day prior to the election. The nominationdocuments shall be filed not later than 5 p.m. on the 88th day priorto the regularly scheduled election in the office of the appropriateofficer, during regular office hours. (b) Notwithstanding subdivision (a), if nomination documents foran incumbent officer of a political subdivision are not filed by 5p.m. on the 88th day before the election, any person other than theperson who was the incumbent on the 88th day shall have until 5 p.m.on the 83rd day before the election to file nomination documents forthe elective office. This section is not applicable where there is noincumbent eligible to be elected.10408.  When the county precinct boundaries at a consolidatedelection called by the board of supervisors of the county in whichthe city, district or other political subdivision is located do notcoincide with the boundaries of the city, district or other politicalsubdivision, the board of supervisors may by order, and for thepurpose of the election only, reprecinct the territory in which theboundaries do not coincide, at any time prior to 30 days before theelection.10409.  When the boundaries of the territory within which anelection is to be held, or the boundaries of the precinctsestablished therefor, do not fully coincide with the boundaries ofthe territory within which some other election is to be held, or theboundaries of the precincts established for the other election, theelections may be consolidated as to all precincts which are the samefor both elections. The elections may also be consolidated as tothose precincts where a single precinct established for one electionlies entirely within a single precinct established for the otherelection. Separate ballots shall be provided for those voters whoreside outside the territory within which one of the elections iscalled.10410.  Within the territory affected by the order of consolidation,the election precincts, polling places and voting booths shall, inevery case, be the same, and there shall be only one set of electionofficers in each of the precincts. When the returns of electionsconsolidated pursuant to this part are required to be canvassed bydifferent canvassing boards, the elections shall be conductedseparately in the same manner as if they had not been consolidated,except as provided in this part.10411.  In case of the consolidation of any election called by thelegislative body of a city, district, or other political subdivisionwith an election held in the county or counties in which the city,district, or other political subdivision is situated, the governingbody of the city, district, or other political subdivision mayauthorize the board of supervisors to canvass the returns of theelection. If this authority is given: (a) The election shall be held in all respects as if there wereonly one election. (b) Only one form of ballot shall be used. (c) The returns of the election need not be canvassed by thelegislative body of the authorizing city, district or other politicalsubdivision. If the authority is given to the board of supervisors, the canvassshall be made in accordance with Article 1 (commencing with Section15300) of Chapter 4 of Division 15.10412.  In the case of the consolidation of any election called bythe governing body of a city, district or other political subdivisionwith an election held in another city, district or other politicalsubdivision, the governing body of one city, district or politicalsubdivision may authorize the governing body of the other city,district or political subdivision to canvass the returns of theelection. If this authority is given: (a) The elections shall be held in all respects as if there wereonly one election. (b) Only one form of ballot shall be used. (c) The returns of the election need not be canvassed by thegoverning body of the authorizing city, district, or other politicalsubdivision. If that authority is given, the canvass may be made by any body orofficial authorized by law to canvass the returns of the election ofsuch other city, district or political subdivision.10413.  When the returns of any elections consolidated pursuant tothis part are required to be canvassed by the same body, theelections shall be held in all respects as if there were only oneelection, and only one form of ballot shall be used.10416.  Except as otherwise provided in this part, when electionsare consolidated, the governing body ordering consolidation may, inthe territory affected thereby, provide for: (a) The appointment of precinct boards. (b) The formation of precincts for such elections. (c) The expenses of the election.10417.  Where under any law of the state the precincts, pollingplaces or names of members of precinct boards are required to bedescribed or otherwise set forth in the ordinance, resolution, order,notice or other document calling, giving notice of or otherwisepertaining to any election, and the election is consolidated, inwhole or in part, with another election, the ordinance, resolution,order, notice or other document need not describe or set forth theprecincts, polling places and the names of precinct board memberspertaining to the territory affected by the consolidation but mayinstead state that these precincts, polling places, and precinctboard members shall be the same as those provided for the otherelection within the territory affected by the consolidation, and inthat event, the ordinance, resolution, order, notice, or otherdocument shall refer to some ordinance, order, resolution, or noticecalling, providing for or giving notice of the other election andwhich sets forth these precincts, polling places, and the names ofprecinct board members. This reference may be made by giving thenumber and title or date of adoption of the ordinance, resolution, ororder, or the date or proposed date of any publication of the noticeand the name of the newspaper in which the notice has been or willbe published, or by any other definite description. Notwithstandingthe provision of any other provision of law, this reference need notbe made in the case of an election consolidated with a statewideelection.10418.  Whenever an election is to be held on the same day as astatewide election, including a statewide special election, or anelection held pursuant to Section 1302 or 1303, the election may beconsolidated with the statewide election. If consolidated, theconsolidated election shall be held and conducted, election officersappointed, voting precincts designated, candidates nominated, ballotsprinted, polls opened and closed, ballots counted and returned,returns canvassed, results declared, certificates of election issued,and all other proceedings incidental to and connected with theelection shall be regulated and done in accordance with theprovisions of law regulating the statewide or regularly scheduledelection. The precincts used at the consolidated election shall be thoseused for the statewide or regularly scheduled election and, wherenecessary, the county elections official may adjust precinct lines tocoincide with the boundaries of the particular jurisdiction.