Bill Text: CA SB519 | 2013-2014 | Regular Session | Amended

California Senate Bill 519 (Prior Session Legislation)

Bill Title: Special elections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB519 Detail]

Download: California-2013-SB519-Amended.html

BILL NUMBER: SB 519	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Emmerson

                        FEBRUARY 21, 2013

    An act to amend Section 10704 of the Elections Code,
relating to elections.   An act to amend Section 13001
of the Elections Code, relating to special elections, and declaring
the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 519, as amended, Emmerson.  Vacancies in office:
special elections.  Special elections.  
   Existing law provides that expenses authorized and necessarily
incurred in the preparation for and conduct of elections are to be
paid from the county treasuries, except as specified.  
   This bill would provide that expenses authorized and necessarily
incurred on or after January 1, 2012, and before December 31, 2013,
for elections proclaimed by the Governor to fill a vacancy in the
office of Senator or Member of the Assembly, or to fill a vacancy in
the office of United States Senator or Member of the United States
House of Representatives, shall be paid by the state.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law requires the Governor to issue a proclamation calling
a special election to fill a vacancy in the office of Representative
in Congress or either house of the Legislature within 14 days of
when the vacancy occurs. Existing law requires that a special primary
election be held in the district in which the vacancy occurred on
the 9th Tuesday, or if the 9th Tuesday is the day of or the day
following a state holiday, the 10th Tuesday preceding the day of the
special general election at which the vacancy is to be filled.
Existing law imposes deadlines relating to the filing of nomination
papers for a candidate in a special primary election, as specified.
 
   This bill would make nonsubstantive changes to the provision
related to the deadlines imposed on a candidate in a special primary
election relating to the filing of nomination papers. 
   Vote:  majority  2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature recognizes the
unnecessary burden that unreimbursed special elections have had on
California's 58 counties. These special elections have forced the
counties to redirect important funds that should be used to provide
critical services to the community. 
   SEC. 2.    Section 13001 of the   Elections
Code   is amended to read: 
   13001.   All   (a)     (1)
    Except as provided in subdivision (b), 
expenses authorized and necessarily incurred in the preparation for,
and conduct of, elections as provided in this code shall be paid from
the county treasuries, except that  when   if
 an election is called by the governing body of a city the
expenses shall be paid from the treasury of the city.  All
payments shall be made in the same manner as other county or city
expenditures are made. The elections official, in providing the
materials required by this division, need not utilize the services of
the county or city purchasing agent.  
   (2) All payments under this subdivision shall be made in the same
manner as other county or city expenditures are made.  
   (b) All expenses authorized and necessarily incurred on or after
January 1, 2012, and before December 31, 2013, in the preparation
for, and conduct of, elections proclaimed by the Governor to fill a
vacancy in the office of Senator or Member of the Assembly, or to
fill a vacancy in the office of United States Senator or Member of
the United States House of Representatives, shall be paid by the
state.  
   (c) The elections official, in providing the materials required by
this division, need not utilize the services of the county or city
purchasing agent. 
   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to assure the orderly conduct of elections during the
ongoing dire fiscal climate by relieving counties of responsibility
for expenses incurred on or after January 1, 2012, and before
December 31, 2013, for the preparation and conduct of elections
proclaimed by the Governor for specified purposes, it is necessary
that this bill go into immediate effect.  
  SECTION 1.    Section 10704 of the Elections Code
is amended to read:
   10704.  (a) Except as provided in subdivision (b), a special
primary election shall be held in the district in which the vacancy
occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or
the day following a state holiday, the 10th Tuesday preceding the day
of the special general election at which the vacancy is to be
filled. Candidates at the primary election shall be nominated in the
manner set forth in Chapter 1 (commencing with Section 8000) of Part
1 of Division 8, except that nomination papers shall not be
circulated more than 73 days before the primary election, shall be
left with the county elections official for examination not less than
53 days before the primary election, and shall be filed with the
Secretary of State not less than 53 days before the primary election.

   (b) A special primary election shall be held in the district in
which the vacancy occurred on the 10th Tuesday preceding the day of
the special general election at which the vacancy is to be filled if
both of the following conditions apply:
   (1) The 10th Tuesday preceding the day of the special general
election is an established election date pursuant to Section 1000.
   (2) A statewide or local election occurring wholly or partially
within the same territory in which the vacancy exists is scheduled
for the 10th Tuesday preceding the day of the special general
election.
   (c) An application for a vote by mail ballot for a special
election shall be made and processed in the manner required by
Section 3001.
   (d) The sample ballot for a special election shall contain a
written explanation of the election procedure for voter-nominated
offices as specified in subdivision (b) of Section 9083.5.
Immediately after the explanation shall be printed the following: "If
one candidate receives more than 50% of the votes cast at the
special primary election, he or she will be elected to fill the
vacancy and no special general election will be held."
   (e) On the ballot for a special election, immediately below the
instructions to voters, there shall be a box not less than one-half
inch high enclosed by a heavy-ruled line the same as the borderline.
This box shall be as long as there are columns for the ballot and
shall be set directly above these columns. Within the box shall be
printed the words "Voter-Nominated Office." Immediately below that
phrase within the same box shall be printed the following:
   "All voters, regardless of the party preference they disclosed
upon registration, or refusal to disclose a party preference, may
vote for any candidate for a voter-nominated office. The party
preference, if any, designated by a candidate is selected by the
candidate and is shown for the information of the voters only. It
does not imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate."