Sec. 408. Eligibility to Vote.

   To be eligible to vote at any of the elections held under the Charter, a person must be registered in the manner and have the qualifications required by the general laws of this state respecting the registration and qualification of voters for state and county elections.

Sec. 409. Filling Vacancies in the Offices of Mayor, City Attorney, Controller and Member of the City Council.

   Vacancies in the offices of Mayor, City Attorney, Controller and members of the City Council shall be filled by appointment or election in the manner set forth in this section.

   (a)   Appointment. The Council may fill a vacancy by appointing a person to hold the office for the portion of the unexpired term remaining until the next second Monday in December of an even-numbered year. If any portion of the term remains after that date, the Council shall also call a special election or elections to fill the remainder of the term, and shall consolidate the election with the primary nominating election and general municipal election next following the appointment. If a vacancy is filled by appointment after the first date fixed by law for filing a Declaration of Intention to become a candidate at the next primary nominating election, the person appointed shall hold the office for the remainder of the unexpired term.

   (b)   Special Election. The Council may call a special election, and special runoff election, if necessary, by ordinance for the purpose of filling the vacancy for the remainder of the unexpired term. The Council shall provide in the ordinance for the consolidation of the election with any other election and for the procedure for nominating candidates, including the amount of the filing fee, if any, to be paid by candidates and other matters pertaining to the election. The Council also may appoint a person to hold the office temporarily until the vacancy election is conducted and the election results are certified and declared.

   (c)   Recall. Any person appointed or elected to fill a vacancy may be removed from office by the recall in the same manner as if he or she had been elected to office.

SECTION HISTORY

Amended by: Charter Amendment 1, approved March 3, 2015, effective April 2, 2015; Charter Amendment E, approved November 6, 2018, effective December 14, 2018.

Sec. 410. Filling Vacancies in the Office of Members of the Board of Education.

   Vacancies in the office of Members of the Board of Education shall be filled by appointment or election in the manner set forth in this section.

   (a)   Appointment. The Board of Education may fill a vacancy by appointing a person to hold the office for the portion of the unexpired term remaining until the next second Monday in December of an even-numbered year. If any portion of the term remains after that date, the Board shall also request the City of Los Angeles to call a special election or elections to fill the remainder of the term, and the Council shall consolidate the election with the primary nominating election and general municipal election next following the appointment. If a vacancy is filled by appointment after the first date fixed by law for filing a Declaration of Intention to become a candidate at the next primary nominating election, the person appointed shall hold the office for the remainder of the unexpired term.

   (b)   Special Election. The Board of Education may request the City of Los Angeles to call a special election or elections for the purpose of filling the vacancy for the remainder of the unexpired term. Within 30 days of the Board's request, the City Council shall adopt an ordinance calling a special election, and special runoff election, if necessary, for the purpose of filling the vacancy. The Council shall provide in the ordinance for the consolidation of the election with any other election and for the procedure for nominating candidates, including the amount of the filing fee, if any, to be paid by candidates and other matters pertaining to the election. The Los Angeles Unified School District shall pay for all costs incurred in conducting the special election or elections. The Board of Education also may appoint a person to hold the office temporarily until the vacancy election is conducted and the election results are certified and declared.

   (c)   Recall. Any person appointed or elected to fill a vacancy may be removed from office by the recall in the same manner as if he or she had otherwise been elected to office.

SECTION HISTORY

Amended by: Charter Amendment 1, approved March 3, 2015, effective April 2, 2015; Charter Amendment 2, approved March 3, 2015, effective April 2, 2015; Charter Amendment E, approved November 6, 2018, effective December 14, 2018; Charter Amendment EE, approved November 6, 2018, effective December 14, 2018.

Sec. 411. Substantial Compliance with Election Requirements.

   Substantial compliance with the provisions of this Article shall be sufficient for the holding of any election, and for the approval or rejection of any ordinance, order or resolution submitted to a vote of the electors of the City.

Sec. 412. City Election Code; Amendments.

   All elections conducted by the City Clerk, unless otherwise provided in the Charter, shall be conducted and held in accordance with the provisions of the City Election Code. No amendment to the City Election Code shall affect any election, petition, or other election-related proceeding occurring within six months following the publication of the ordinance effecting the amendment.

SECTION HISTORY

Amended by: Charter Amendment 1, approved March 3, 2015, effective April 2, 2015; Charter Amendment 2, approved March 3, 2015, effective April 2, 2015.

PRIMARY NOMINATING AND GENERAL MUNICIPAL ELECTIONS