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Section 208. Filling of Vacancies.
If there is a vacancy in the office of County Supervisor, the remaining Members of the Board of Supervisors shall within 60 days of the effective date of the vacancy either appoint a replacement Supervisor or call a special election. The appointee shall be from among the qualified electors of the Supervisorial District in which such vacancy exists. Nomination and election of a Supervisor shall be by district as provided in Section 202.
If the effective date of the appointment is no less than 130 days from the statewide general election in November of an even-numbered mid-term year of the vacant office, the appointment is provisional to the first Monday after the first day of January next following the election. When making the appointment, the remaining Members of the Board of Supervisors shall call for a special election for this office for the remaining term and shall order the special election to be consolidated with such statewide general election. The special election shall be a single-winner election. The candidate receiving the highest number of votes is elected.
If the effective date of the appointment is less than 130 days from the statewide general election in November of an even-numbered mid-term year of the vacant office, then the appointee shall serve the remainder of the term of the office.
If the remaining Members of the Board of Supervisors do not make an appointment and instead call a special election, the special election shall be held on the next established election date, as defined in Division 1 (commencing with Section 1000) of the Elections Code, that is no less than 130 days from the date that the special election is called. When calling a special election to be held on the next established election date that is no less than 130 days from the date that the election is called, the remaining members of the Board of Supervisors may authorize the election to be conducted wholly by mail, provided that the special election is not held on the same date as a statewide primary or general election or is not consolidated, as defined in Elections Code section 10400, with any other election. The special election shall be a single-winner election. The candidate receiving the highest number of votes is elected.
If the remaining Members of the Board of Supervisors do not make an appointment or call a special election within 60 days of the effective date of the vacancy, then a special election shall be held to fill the vacancy. The special election shall be held on the next established election date, as defined in Division 1 (commencing with Section 1000) of the Elections Code, that is no less than 130 days from the 60th day after the effective date of the vacancy. In the discretion of the Register of Voters, the special election to be held on the next established election date that is no less than 130 days from the 60th day after the effective date of the vacancy may be conducted wholly by mail, provided that the special election is not held on the same date as a statewide primary or general election or is not consolidated, as defined in Elections Code section 10400, with any other election. The special election shall be a single-winner election. The candidate receiving the highest number of votes is elected.
If an election is required pursuant to this section and the date of such election as required by one of the preceding paragraphs of this section would be less than 180 days from the statewide primary election applicable to the Supervisorial District as set forth in Section 203, then notwithstanding such preceding paragraph, the regular nomination and election process shall be followed pursuant to Sections 202, 203, and 204.