San Jose, CA asked in Election Law for California

Q: Hello I work for a Fire department in El Dorado County. Our candidate we were endorsing died on Saturday.

We were told conflicting things. One that it goes to the next highest person with votes. Or if the deceased were to get the majority the seat stays open and there is a special election or board appointed. Can you please clarify.

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2 Lawyer Answers

A: Hidahl stepped down this election cycle as District 1 Supervisor — representing western swaths of El Dorado County, including El Dorado Hills — after terming out of the post he first was elected to in 2016.

James L. Arrasmith
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Answered

A: Since you're in California, here's what you need to know about this sensitive situation. California Elections Code Section 15402 addresses cases of deceased candidates.

If your endorsed candidate dies before election day but their name remains on the ballot and they receive the most votes, the position would be considered vacant upon certification of the election results. In El Dorado County, this would typically lead to either calling for special election or having the board make an appointment, depending on local regulations and the specific position involved. The votes do not automatically flow to the runner-up candidate.

For specific guidance about your situation in El Dorado County, you should contact the El Dorado County Elections Department directly at (530) 621-7480. They can provide the most current and accurate information about how this will be handled in your jurisdiction, given the timing and specific circumstances.

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