Bill Text: CA AB1574 | 2009-2010 | Regular Session | Chaptered
Bill Title: Elections.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2009-10-11 - Chaptered by Secretary of State - Chapter 549, Statutes of 2009. [AB1574 Detail]
Download: California-2009-AB1574-Chaptered.html
BILL NUMBER: AB 1574 CHAPTERED
BILL TEXT
CHAPTER 549
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 2, 2009
PASSED THE ASSEMBLY SEPTEMBER 8, 2009
AMENDED IN SENATE AUGUST 26, 2009
AMENDED IN ASSEMBLY APRIL 14, 2009
INTRODUCED BY Committee on Elections and Redistricting (Fong
(Chair), Coto, Mendoza, Saldana, and Swanson)
MARCH 17, 2009
An act to amend Sections 9162, 9286, and 10229 of the Elections
Code, and to amend Section 4716 of the Health and Safety Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1574, Committee on Elections and Redistricting. Elections.
(1) Under existing law, ordinances may be enacted by any county
and a proposed ordinance may be submitted by the county board of
supervisors to the voters within a county. Existing law also permits
the voters in a county to submit a proposed ordinance or a proposal
to enact, amend, or otherwise revise a county charter to the board of
supervisors for that county. The board of supervisors may also
submit to the voters, without a petition, an ordinance for the
repeal, amendment, or enactment of any ordinance. Under existing law,
when a county measure qualifies for a place on the ballot, arguments
for or against the county measure may be submitted to the voters of
the county. An argument for or against a county measure may be
submitted by the board of supervisors, any member of the board of
supervisors who is authorized by the board to submit an argument, an
individual who is eligible to vote on the measure, or a bona fide
association of citizens.
This bill would delete the requirement that a member of the board
of supervisors be authorized by the board to submit an argument for
or against a county measure. The bill would instead provide that an
argument for or against a county measure may be submitted by the
board of supervisors, any member of the board of supervisors, an
individual who is eligible to vote on the measure, or a bona fide
association of citizens.
(2) Existing law specifies deadlines for submitting arguments for
printing in the sample ballot and sets a time limit for public
examination of the ballot materials. The law provides an exemption
for a consolidated city election.
This bill provides that the exemption for a consolidated city
election applies to the time limitation for submitting ballot
arguments.
(3) Existing law sets forth procedures for municipal elections and
requires that all nomination papers be filed with the city elections
official during regular business hours, as posted, no later than the
88th day before the election and specifies procedures if by 5 p.m.
on the 88th day before the election, no one or only one person has
been nominated for an office or the number of nominated persons is
less than the number of at-large offices to be filled.
This bill would revise these provisions, changing the 5 p.m.
deadline to the close of regular business hours, as posted.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9162 of the Elections Code is amended to read:
9162. (a) The board of supervisors or any member or members of
the board, or any individual voter who is eligible to vote on the
measure, or bona fide association of citizens, or any combination of
these voters and associations may file a written argument for or
against any county measure. No argument shall exceed 300 words in
length. The county elections official shall cause an argument for and
an argument against the measure, and the analysis of the measure, to
be printed, and shall enclose a copy of both arguments preceded by
the analysis with each sample ballot. The printed arguments and the
analysis are "official matter" within the meaning of Section 13303.
(b) The following statement shall be printed on the front cover,
or if none, on the heading of the first page, of the printed
arguments:
"Arguments in support of or in opposition to the proposed laws are
the opinions of the authors."
(c) Printed arguments submitted to voters in accordance with this
section shall be titled either "Argument In Favor Of Measure ____" or
"Argument Against Measure ____," accordingly, the blank spaces being
filled in only with the letter or number, if any, which designates
the measure. At the discretion of the county elections official, the
word "Proposition" may be substituted for the word "Measure" in the
titles. Words used in the title shall not be counted when determining
the length of any argument.
SEC. 2. Section 9286 of the Elections Code is amended to read:
9286. (a) Based on the time reasonably necessary to prepare and
print the arguments and sample ballots and to permit the
10-calendar-day public examination as provided in Article 6
(commencing with Section 9295) for the particular election, the city
elections official shall fix a date 14 days from the calling of the
election as a deadline, after which no arguments for or against any
city measure may be submitted for printing and distribution to the
voters, as provided in this article. Arguments may be changed or
withdrawn by their proponents until and including the date fixed by
the city elections official during the normal business hours of the
elections official's office, as posted.
(b) The requirement in subdivision (a) that the period for
submitting arguments for inclusion with the sample ballot materials
must be 14 days from the calling of the election is not applicable
when the election is consolidated with another election pursuant to
Part 3 (commencing with Section 10400) of Division 10.
SEC. 3. Section 10229 of the Elections Code is amended to read:
10229. (a) If, by the 88th day, during normal business hours as
posted, prior to the day fixed for a regularly scheduled municipal
election or the 83rd day before the election, during normal business
hours as posted, if an incumbent fails to file pursuant to Section
10225, (i) no one or only one person has been nominated for any
office that is elected on a citywide basis, or (ii) no one or only
one person is nominated to be elected from or by a legislative
district, or (iii) in the case of any office or offices to be elected
at large, the number of persons who have been nominated for those
offices does not exceed the number to be filled at that election; or,
if, by the 88th day, during normal business hours as posted, before
a municipal election to fill any vacancy in office, no one or only
one person has been nominated for any elective office to be filled at
that election, and the election is subject to Section 36512 of the
Government Code, the city elections official shall submit a
certificate of these facts to the governing body of the city and
inform the governing body of the city that it may, at a regular or
special meeting held before the municipal election, adopt one of the
following courses of action:
(1) Appoint to the office the person who has been nominated.
(2) Appoint to the office an eligible elector if no one has been
nominated.
(3) Hold the election, if either no one or only one person has
been nominated. The city elections official shall publish a notice of
the facts described in this section and the courses of action
available under this subdivision. Publication shall be made pursuant
to Section 6061 of the Government Code in any newspaper of general
circulation as designated by the city elections official.
After the fifth day following the date of posting or publication,
the governing body of the city may make the appointment or direct an
election to be held in the affected territory. The person appointed,
if any, shall qualify and take office and serve exactly as if elected
at a municipal election for the office.
Notwithstanding Section 10403, if, by the 75th day before the
municipal election, no person has been appointed to office pursuant
to paragraph (1) or (2), the election shall be held.
(b) Subdivision (a) shall not apply if, at the regularly scheduled
municipal election, more than one person has been nominated to
another city office to be elected on a citywide basis or a city
measure has qualified and is to be submitted to the voters at that
municipal election.
(c) Notwithstanding Chapter 1 (commencing with Section 8600) of
Part 3 of Division 8, or any other provision of the law to the
contrary, if the governing body of a city makes an appointment
pursuant to subdivision (a), the elections official shall not accept
for filing any statement of write-in candidacy that is submitted
after the appointment is made.
(d) Nothing in this section shall be construed to prevent a city
from enacting an ordinance pursuant to Section 36512 of the
Government Code, requiring that a special election be held, or from
enacting an ordinance pursuant to Section 36512 of the Government
Code, providing that a person appointed to fill a vacancy on the city
council shall hold office only until the date of the special
election, or both. Any ordinance or ordinances may allow for
appointment consistent with subdivision (a) without requiring or
providing for a special election.
If an appointment to office is made in a particular legislative
district pursuant to subdivision (a), that appointment shall not
affect the conduct of the municipal election in other legislative
districts of the city.
