General Provisions for Filling Vacancies in Elective Offices

San Diego Municipal Code ch. 2, art. 7, div. 7

in effect

San Diego Municipal Code § 27.0701 Purpose and Intent

§27.0701 Purpose and Intent The Charter provides that if a vacancy occurs in the office of the Mayor, City Attorney, or a Council district, and there is one year or less remaining in the term, the Council shall appoint an individual to fill the vacant seat. If the vacancy occurs with more than one year remaining in the term, the Charter requires the Council to call a special election to fill the vacancy. The purpose and intent of this Division is to establish uniform provisions for filling a vacancy in any elective office. (Amended 9-10-2001 by O-18979 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.) (Amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0702 Reason for Vacancy

§27.0702 Reason for Vacancy A vacancy in elective office occurs as provided by the Charter. (“Reason for Vacancy” added 7-26-1999 by O-18664 N.S.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.)

San Diego Municipal Code § 27.0703 Date of Vacancy

§27.0703 Date of Vacancy (a) If a vacancy occurs by reason of resignation, the date of the vacancy is determined under Charter section 300(f). (b) If a vacancy occurs for any reason other than resignation, recall, or removal, the date of the vacancy will be the date of adoption of the Council’s Declaration of Vacancy, as set forth in section 27.0704. (“Date of Vacancy” added 7-26-1999 by O-18664 N.S.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.) (Amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0704 Council to Adopt Declaration of Vacancy

§27.0704 Council to Adopt Declaration of Vacancy As soon as it is known that a vacancy exists in any elective office for any reason other than resignation, recall, or removal, the Council shall adopt a Declaration of Vacancy at its next regularly scheduled meeting, or at a special meeting called for that purpose. The Declaration of Vacancy shall include the name of the elective office that is vacant and the reason for the vacancy. (“Council to Adopt Declaration of Vacancy” added 7-26-1999 by O-18664 N.S.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.)

San Diego Municipal Code § 27.0705 Alternative of Appointment or Election

§27.0705 Alternative of Appointment or Election As soon as it is known that there will be a vacancy in any elective office for any reason other than a successful recall or removal election, the Council’s decision to fill the vacancy by appointment or special election or at the next regularly scheduled municipal election shall be determined by the length of time remaining in the term of office, in compliance with Charter sections 12, 40, and 265. (“Alternative of Appointment or Election” added 7-26-1999 by O-18664 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.)

San Diego Municipal Code § 27.0706 Letter of Resignation May be Withdrawn

§27.0706 Letter of Resignation May be Withdrawn A letter of resignation from an elective officer that includes an effective date may be withdrawn by the elective officer in writing if that request is filed with the City Clerk as follows: (a) for a resignation causing a vacancy that the Charter requires to be filled by an election, no later than the business day before the Council calls a special election under section 27.0902; or (b) for a resignation causing a vacancy that the Charter requires to be filled by appointment, no later than the deadline established by the City Clerk for filing appointment application forms under section 27.0804. (“Letter of Resignation May be Withdrawn” added 7-26-1999 by O-18664 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.) (Amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0707 Procedures to Fill Vacancy

§27.0707 Procedures to Fill Vacancy (a) When a vacancy is to be filled by appointment, the Council shall fill such vacancy in accordance with the provisions set forth in Division 8 of this Article. (b) When a vacancy is to be filled by special election, the Council shall fill such vacancy in accordance with the provisions set forth in Division 9 of this Article. (c) When a vacancy occurs because of a successful recall or removal election, the Council shall fill the vacancy in accordance with the provisions set forth in Division 27 of this Article regarding recall and Division 30 of this Article regarding removal. (“Procedures to Fill Vacancy” added 7-26-1999 by O-18664 N.S.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.) (Amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0708 Effect of Redistricting on Filling a Vacancy in Council Office

§27.0708 Effect of Redistricting on Filling a Vacancy in Council Office If a vacancy occurs for any reason, and if redistricting has occurred between the date of the election of the officeholder and the date of the vacancy, the redistricting will have no effect on the boundaries used to determine who is eligible to fill the vacancy, either by appointment or special election. The boundaries used to fill the vacancy will be the same as those used in the original election, and all the following requirements shall be met: (a) a candidate and write-in candidate for appointment or election will be a resident and voter from within the district boundaries as they existed before redistricting; (b) to be counted as valid, nominating signatures must come from voters registered within the district boundaries as they existed before redistricting; and (c) a special election held to fill a vacancy will be held within the district boundaries as they existed before redistricting. (“Effect of Redistricting on Filling a Vacancy in Council Office” added 7-26-1999 by O-18664 N.S.) (Amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

San Diego Municipal Code § 27.0709 Term of Office

§27.0709 Term of Office (a) The term of office for an individual elected to fill a vacancy in the office of the Mayor, City Attorney, or a Council district under Division 9 of this Article shall commence at the time the Council adopts the resolution declaring the results of such election to the vacant office, and shall expire at 10:00 a.m. on the tenth day of December following the next District General Election or Citywide General Election to fill that office or until a successor is elected and qualified, whichever occurs later. Whenever the tenth day of December falls on a weekend or holiday, the term of office shall expire at 10:00 a.m. on the next calendar day that is not a weekend or a holiday. (b) The term of office for an individual appointed to fill a vacancy in the office of the Mayor, City Attorney, or a Council district under Division 8 of this Article shall commence at the time the Council adopts the resolution appointing that officer to fill the vacancy, and shall expire at 10:00 a.m. on the tenth day of December following the District General Election or Citywide General Election to fill that office, or until a successor is elected and qualified, whichever occurs later. Whenever the tenth day of December falls on a weekend or holiday, the term of office shall expire at 10:00 a.m. on the next calendar day that is not a weekend or a holiday. (c) The City Clerk shall administer the oath of office to the elected or appointed officer at the time the term of office begins. (Amended 9-10-2001 by O-18979 N.S.) (Amended 1-30-2015 by O-20454 N.S.; effective 3-1-2015.) (Amended 11-20-2018 by O-21009 N.S.; effective 12-20-2018.) (Amended 1-12-2026 by O-22028 N.S.; effective 2-11-2026.)

Source: City of San Diego Office of the City Clerk, San Diego Municipal Code and City Charter (docs.sandiego.gov PDFs)URL: https://docs.sandiego.gov/municode/MuniCodeChapter02/Ch02Art07Division07.pdf#page=1Fetched: 10/28/2026