SECTIONS 1770-1782

1770.  An office becomes vacant on the happening of any of thefollowing events before the expiration of the term: (a) The death of the incumbent. (b) An adjudication pursuant to a quo warranto proceedingdeclaring that the incumbent is physically or mentally incapacitateddue to disease, illness, or accident and that there is reasonablecause to believe that the incumbent will not be able to perform theduties of his or her office for the remainder of his or her term.This subdivision shall not apply to offices created by the CaliforniaConstitution nor to federal or state legislators. (c) His or her resignation. (d) His or her removal from office. (e) His or her ceasing to be an inhabitant of the state, or if theoffice be local and one for which local residence is required bylaw, of the district, county, or city for which the officer waschosen or appointed, or within which the duties of his or her officeare required to be discharged. (f) His or her absence from the state without the permissionrequired by law beyond the period allowed by law. (g) His or her ceasing to discharge the duties of his or heroffice for the period of three consecutive months, except whenprevented by sickness, or when absent from the state with thepermission required by law. (h) His or her conviction of a felony or of any offense involvinga violation of his or her official duties. An officer shall be deemedto have been convicted under this subdivision when trial courtjudgment is entered. For the purposes of this subdivision, "trialcourt judgment" means a judgment by the trial court either sentencingthe officer or otherwise upholding and implementing the plea,verdict, or finding. (i) His or her refusal or neglect to file his or her required oathor bond within the time prescribed. (j) The decision of a competent tribunal declaring void his or herelection or appointment. (k) The making of an order vacating his or her office or declaringthe office vacant when the officer fails to furnish an additional orsupplemental bond. (l) His or her commitment to a hospital or sanitarium by a courtof competent jurisdiction as a drug addict, dipsomaniac, inebriate,or stimulant addict; but in that event the office shall not be deemedvacant until the order of commitment has become final.1770.1.  The disqualification from holding office upon conviction,as provided in Section 1021, or the forfeiture of office uponconviction, as provided in subdivision (h) of Section 1770 andSection 3000, is neither stayed by the initiation of an appeal fromthe conviction, nor set aside by the successful prosecuting of anappeal from the conviction by the person suffering the conviction.1770.2.  Upon the entry of a plea of guilty, the entry of a plea ofnolo contendere, or the rendering of a verdict of a guilty either bya jury or by the court sitting without a jury of a public offense,the conviction of which would invoke the provisions of Section 1021,subdivision (h) of Section 1770, or Section 3000, the person foundguilty shall not assume the office for which the person is otherwisequalified or shall be suspended immediately from the office theperson then holds. During the time of inability to assume an officeor of suspension from office, the person shall not be entitled toreceive the emoluments of the office, including, but not limited to,the exercise of the powers of the office, the rights to be seated inthe office, and the compensation, including benefits, prescribed forthe office. In the event the trial court sets aside or otherwise nullifies theplea or verdict before the trial court judgment is entered, theinability to assume office or the suspension from holding officeshall be lifted, and the person suspended from office shall berestored to office with its emoluments, including those that wouldhave otherwise accrued during the suspension, excluding, however,interest on any monetary payment.1771.  When an officer is removed, declared insane, or convicted ofa felony or offense involving a violation of his official duty, orwhen his election or appointment is declared void, the body or personbefore whom the proceedings are had shall give notice thereof to theofficer empowered to fill the vacancy.1772.  When any office becomes vacant and no mode is provided by lawfor filling the vacancy, the Governor shall fill the vacancy bygranting a commission, to expire at the end of the next session ofthe Legislature or at the next election by the people.1773.  When a vacancy occurs in the office of Representative toCongress, or in either house of the Legislature, the Governor shallwithin 14 calendar days after the occurrence of the vacancy issue awrit of election to fill the vacancy; provided, that when suchvacancy occurs in a congressional office after the close of thenomination period in the final year of the term of office, a specialelection may be held, at the Governor's discretion; and provided,further, that when a vacancy occurs in a legislative office after theclose of the nomination period in the final year of the term ofoffice, no special election shall be held. The Governor shall issue the election proclamation under his handand the Great Seal of the state, and transmit copies to the board ofsupervisors of the counties in which the election is to be held.1773.5.  In addition to any other applicable provision of law, avacancy occurs in the office of Representative in Congress in theevent of his or her disappearance, as defined in subdivision (c) ofSection 10731 of the Elections Code.1774.  (a) When an office, the appointment to which is vested in theGovernor and Senate, either becomes vacant or the term of theincumbent thereof expires, the Governor may appoint a person to theoffice or reappoint the incumbent after the expiration of the term.Until Senate confirmation of the person appointed or reappointed,that person serves at the pleasure of the Governor. If the term ofoffice of an incumbent subject to this section expires, the Governorshall have 60 days after the expiration date to reappoint theincumbent. If the incumbent is not reappointed within the 60-dayperiod, the office shall be deemed to be vacant as of the first dayfollowing the end of the 60-day period. (b) With respect to the appointment or reappointment by theGovernor of a person to an office subject to confirmation by theSenate, the Governor shall submit the name of the person appointed,or the name of the incumbent reappointed, and the effective date ofthe appointment or reappointment to the Senate or, if the Senate isin recess or has adjourned, to the Secretary of the Senate, within 60days after the person first began performing the duties of theoffice, or, as to the reappointment of an incumbent, within 90 daysafter the expiration date of the term. If the Governor does notprovide the required notification within 60 days after the personfirst began performing the duties of the office, or, as to thereappointment of an incumbent to an office after the expiration dateof the term, within 90 days after the expiration of the term, theoffice shall be deemed to be vacant as of the first day immediatelyfollowing the end of the applicable period. (c) If the Senate either refuses to confirm, or fails to confirmwithin 365 days after the day the person first began performing theduties of the office, or, with respect to an incumbent whoseappointment to that office previously had been confirmed by theSenate and who is reappointed to that office, within 365 days afterthe expiration date of the term, the following shall apply: (1) If the Senate refuses to confirm, the person may continue toserve in that office until 60 days have elapsed since the refusal toconfirm or until 365 days have elapsed since the person first beganperforming the duties of the office, whichever occurs first, or withrespect to an incumbent whose appointment to that office previouslyhad been confirmed by the Senate and who is reappointed to thatoffice, until 60 days have elapsed since refusal or until 365 daysafter the expiration date of the prior term, and the office for whichthe appointment was made shall be deemed to be vacant as of thefirst day immediately following the end of the applicable period. (2) If the Senate fails to confirm within the applicable 365-dayperiod, the person may not continue to serve in that office, and theoffice for which the appointment was made shall be deemed to bevacant as of the first day immediately following the end of the365-day period.1774.1.  Notwithstanding any other provision of law, whenever theappointment by the Governor of a person to a public office is subjectto confirmation by the Senate, and the Senate confirms theappointment within the applicable period described in Section 1774,and the term of office is at the pleasure of the Governor, suchconfirmation shall be deemed the last act necessary for appointmentand the Governor shall not be required to issue another commission tocomplete the act of appointment.1774.2.  (a) For any person whose term of office expires prior toSenate confirmation and who is reappointed to that office, the timeserved prior to, as well as subsequent to, the expiration date of theprior term shall be counted for purposes of Section 1774. (b) For any person who resigns an office prior to Senateconfirmation and who is reappointed to that office at any time within365 days of the resignation, the time served prior to, as well assubsequent to, the resignation shall be counted for purposes ofSection 1774. (c) The subsequent appointment of a person to an office 365 daysor more after the date the person last served in that office shall beconsidered a new appointment, and not a reappointment, for purposesof Section 1774.1774.3.  With respect to any body or entity having more than onemember, including, but not limited to, a board, commission, orcommittee, "office" includes every position on the body or entity,regardless of qualifications, expiration date of the term, or dutiesand responsibilities of the position.1774.5.  Notwithstanding any other provisions of law, no personholding an office which is deemed to be vacant pursuant to Section1774 may, after the time the office has been deemed to be vacantpursuant to those provisions, continue to discharge the duties of theoffice, and no warrant shall be drawn by the Controller for thepayment of any salary or expenses of that person attributable to thedischarge of the duties of the office after that time. In addition,the Governor shall not reappoint the person to the same office for aperiod of 365 days after the time the office has been deemed to bevacant.1774.7.  (a) Sections 1774, 1774.2, 1774.3, and 1774.5 shall applyto any person appointed, or reappointed, prior to, or on or after,January 1, 1981, except as follows: (1) With respect to any person appointed prior to January 1, 1981,the 365-day period specified in Section 1774 shall not commence torun until January 1, 1981. (2) With respect to the term of office of an incumbent whichexpires during the period from the first Monday after January 1 ofthe year a newly elected Governor takes office for the first time,until January 31 of that year, inclusive, the 60-day period specifiedin subdivision (a) of Section 1774 and the 90-day period specifiedin subdivision (b) of Section 1774 shall not commence to run untilFebruary 1 of that year. (b) It is the intent of the Legislature that Sections 1774,1774.2, 1774.3, and 1774.5 shall prevail over any contrary special orgeneral provision of this code, any other code, or any uncodifiedstatute of this state. These sections shall be construed assuperseded by another statute only if that statute specificallyprovides that these sections shall not apply and expressly refers tothe numbers of the sections superseded.1775.  Whenever there is a vacancy in the office of theSuperintendent of Public Instruction, the Lieutenant Governor,Secretary of State, Controller, Treasurer, or Attorney General, or onthe State Board of Equalization, the Governor shall nominate aperson to fill the vacancy who shall take office upon confirmation bya majority of the membership of the Senate and a majority of themembership of the Assembly and who shall hold office for the balanceof the unexpired term. In the event the nominee is neither confirmednor refused confirmation by both the Senate and the Assembly within90 days of the submission of the nomination, the nominee shall takeoffice as if he or she had been confirmed by a majority of the Senateand Assembly; provided, that if such 90-day period ends during arecess of the Legislature, the period shall be extended until thesixth day following the day on which the Legislature reconvenes. After a vacancy has occurred in an office specified in thissection and prior to the time such vacancy is filled as provided inthis section, the chief deputy to the above constitutional officersshall discharge the duties of the office.1776.  Except as otherwise provided in the Constitution, when aperson is appointed by the Governor, or by the Governor by and withthe advice and consent of the Senate, either to fill a vacancy in anyoffice or to fill an office when the appointment is not made untilafter the expiration of the preceding term, the appointee holdsoffice only for the balance of the unexpired term as provided by thelaw creating the office.1777.  After filing his official oath and bond, any person electedor appointed to fill a vacancy possesses all the rights and powersand is subject to all the liabilities, duties, and obligations of theofficer whose vacancy he fills.1778.  A vacancy in any appointive office on the governing board ofa special district shall be filled by appointment by the board ofsupervisors of the county in which the larger portion of the districtis located unless, by the terms of the act under which the districtis formed, another method of appointment is expressly provided.1779.  A vacancy on any appointed governing board of a specialdistrict shall be filled by the appointing authority within 90 daysimmediately subsequent to its occurrence. If no action is taken for aperiod of 90 days immediately subsequent to a vacancy on such aboard, the board of supervisors of the county in which the largerportion of the district is located shall have authority to fill thevacancy by appointment.1780.  (a) Notwithstanding any other provision of law, a vacancy inany elective office on the governing board of a special district,other than those specified in Section 1781, shall be filled pursuantto this section. (b) The district shall notify the county elections official of thevacancy no later than 15 days after either the date on which thedistrict board is notified of the vacancy or the effective date ofthe vacancy, whichever is later. (c) The remaining members of the district board may fill thevacancy either by appointment pursuant to subdivision (d) or bycalling an election pursuant to subdivision (e). (d) (1) The remaining members of the district board shall make theappointment pursuant to this subdivision within 60 days after eitherthe date on which the district board is notified of the vacancy orthe effective date of the vacancy, whichever is later. The districtshall post a notice of the vacancy in three or more conspicuousplaces in the district at least 15 days before the district boardmakes the appointment. The district shall notify the county electionsofficial of the appointment no later than 15 days after theappointment. (2) If the vacancy occurs in the first half of a term of officeand at least 130 days prior to the next general district election,the person appointed to fill the vacancy shall hold office until thenext general district election that is scheduled 130 or more daysafter the date the district board is notified of the vacancy, andthereafter until the person who is elected at that election to fillthe vacancy has been qualified. The person elected to fill thevacancy shall hold office for the unexpired balance of the term ofoffice. (3) If the vacancy occurs in the first half of a term of office,but less than 130 days prior to the next general district election,or if the vacancy occurs in the second half of a term of office, theperson appointed to fill the vacancy shall fill the balance of theunexpired term of office. (e) (1) In lieu of making an appointment the remaining members ofthe board may within 60 days of the date the district board isnotified of the vacancy or the effective date of the vacancy,whichever is later, call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be heldon the next established election date provided in Chapter 1(commencing with Section 1000) of Division 1 of the Elections Codethat is 130 or more days after the date the district board calls theelection. (f) (1) If the vacancy is not filled by the district board byappointment, or if the district board has not called for an electionwithin 60 days of the date the district board is notified of thevacancy or the effective date of the vacancy, whichever is later,then the city council of the city in which the district is whollylocated, or if the district is not wholly located within a city, theboard of supervisors of the county representing the larger portion ofthe district area in which the election to fill the vacancy will beheld, may appoint a person to fill the vacancy within 90 days of thedate the district board is notified of the vacancy or the effectivedate of the vacancy, whichever is later, or the city council or boardof supervisors may order the district to call an election to fillthe vacancy. (2) The election called pursuant to this subdivision shall be heldon the next established election date provided in Chapter 1(commencing with Section 1000) of Division 1 of the Elections Codethat is 130 or more days after the date the city council or board ofsupervisors calls the election. (g) (1) If within 90 days of the date the district board isnotified of the vacancy or the effective date of the vacancy,whichever is later, the remaining members of the district board orthe appropriate board of supervisors or city council have not filledthe vacancy and no election has been called for, then the districtboard shall call an election to fill the vacancy. (2) The election called pursuant to this subdivision shall be heldon the next established election date provided in Chapter 1(commencing with Section 1000) of Division 1 of the Elections Codethat is 130 or more days after the date the district board calls theelection. (h) (1) Notwithstanding any other provision of this section, ifthe number of remaining members of the district board falls below aquorum, then at the request of the district secretary or a remainingmember of the district board, the appropriate board of supervisors orthe city council shall promptly appoint a person to fill thevacancy, or may call an election to fill the vacancy. (2) The board of supervisors or the city council shall only fillenough vacancies by appointment or by election to provide thedistrict board with a quorum. (3) If the vacancy occurs in the first half of a term of officeand at least 130 days prior to the next general district election,the person appointed to fill the vacancy shall hold the office untilthe next general district election that is scheduled 130 or more daysafter the date the district board is notified of the vacancy, andthereafter until the person who is elected at that election to fillthe vacancy has been qualified. The person elected to fill thevacancy shall hold office for the unexpired balance of the term ofoffice. (4) If the vacancy occurs in the first half of a term of office,but less than 130 days prior to the next general district election,or if the vacancy occurs in the second half of a term of office, theperson appointed to fill the vacancy shall fill the balance of theunexpired term of office. (5) The election called pursuant to this subdivision shall beheld on the next established election date provided in Chapter 1(commencing with Section 1000) of Division 1 of the Elections Codethat is held 130 or more days after the date the city council orboard of supervisors calls the election.1781.  The provisions of Section 1780 shall not apply to a schooldistrict, a district organized pursuant to Division 6 (commencingwith Section 11501) of the Public Utilities Code, or a districtsubject to the provisions of Chapter 5 (commencing with Section22825) of Part 5 of Division 11 of the Water Code.1782.  Notwithstanding any other provision of the law, whenever avacancy occurs on a state board or commission, or a seat on a boardor commission is abolished by statute, the board or commission shallnotify the appropriate appointing authority of this occurrence andthe appropriate appointing authority shall notify the personoccupying the vacated or abolished seat that the person may no longerserve on the board or commission. Except as provided in Section1774, the person occupying the vacated or abolished seat on the boardor commission shall continue to serve until notified by theappropriate appointing authority.