Bill Text: CA AB254 | 2015-2016 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Election dates.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB254 Detail]

Download: California-2015-AB254-Introduced.html

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BILL NUMBER: AB 254	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Roger Hernández

                        FEBRUARY 9, 2015

   An act to amend Sections 1000, 1301, and 13112 of the Elections
Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 254, as introduced, Roger Hernández. Election dates.
   Existing law establishes election dates in each year, which are
the second Tuesday of April in each even-numbered year, the first
Tuesday after the first Monday in March of each odd-numbered year,
the first Tuesday after the first Monday in June in each year, and
the first Tuesday after the first Monday in November of each year.
Existing law requires all state, county, municipal, district, and
school district elections to be held on an established election date,
except for a special election called by the Governor, an election
held in a chartered city or chartered county, certain school district
elections, a local ballot measure or local recall election, and an
all-mailed ballot election.
   This bill would eliminate the established election dates in March
and April.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  It is the intent of the Legislature that the statutory
changes made by this act do all of the following:
   (a) Encourage increased voter participation.
   (b) Not alter the date of a runoff election provided for in the
principal act of a district.
   (c) Not affect the existing authority of a local jurisdiction to
hold an election on a non-regularly established election date.
  SEC. 2.  Section 1000 of the Elections Code is amended to read:
   1000.  The established election dates in each year are as follows:

   (a) The second Tuesday of April in each even-numbered year.
 
   (b) The first Tuesday after the first Monday in March of each
odd-numbered year.  
   (c) 
    (a)  The first Tuesday after the first Monday in June in
each year. 
   (d) 
    (b)  The first Tuesday after the first Monday in
November of each year.
  SEC. 3.  Section 1301 of the Elections Code is amended to read:
   1301.  (a) Except as required by Section 57379 of the Government
Code, and except as provided in subdivision (b), a general municipal
election shall be held on an established election date pursuant to
Section 1000.
   (b) (1)  Notwithstanding subdivision (a), a  
A  city council may enact an ordinance, pursuant to Division 10
(commencing with Section 10000), requiring its general municipal
election to be held on the same day as the statewide direct primary
election, the day of the statewide general election,  or  on
the day of school district elections as set forth in Section
 1302, the first Tuesday after the first Monday of March in
each odd-numbered year, or the second Tuesday of April in each year.
Any   1302. An  ordinance adopted pursuant to this
subdivision shall become operative upon approval by the board of
supervisors.
   (2) In the event of consolidation, the general municipal election
shall be conducted in accordance with all applicable procedural
requirements of this code pertaining to that primary, general, or
school district election, and shall thereafter occur in consolidation
with that election.
   (c) If a city adopts an ordinance described in subdivision (b),
the municipal election following the adoption of the ordinance and
each municipal election thereafter shall be conducted on the date
specified by the city council, in accordance with subdivision (b),
unless the ordinance in question is later repealed by the city
council.
   (d) If the date of a general municipal election is changed
pursuant to subdivision (b), at least one election shall be held
before the ordinance, as approved by the board of supervisors, may be
subsequently repealed or amended.
  SEC. 4.  Section 13112 of the Elections Code is amended to read:
   13112.  The Secretary of State shall conduct a drawing of the
letters of the alphabet, the result of which shall be known as a
randomized alphabet. The procedure shall be as follows:
   (a) Each letter of the alphabet shall be written on a separate
slip of paper, each of which shall be folded and inserted into a
capsule. Each capsule shall be opaque and of uniform weight, color,
size, shape, and texture. The capsules shall be placed in a
container, which shall be shaken vigorously in order to mix the
capsules thoroughly. The container then shall be opened and the
capsules removed at random one at a time. As each  capsule 
is removed, it shall be opened and the letter on the slip of paper
read aloud and written down. The resulting random order of letters
constitutes the randomized alphabet, which is to be used in the same
manner as the conventional alphabet in determining the order of all
candidates in all elections. For example, if two candidates with the
surnames Campbell and Carlson are running for the same office, their
order on the ballot will depend on the order in which the letters M
and R were drawn in the randomized alphabet drawing.
   (b) (1) There shall be  six   four 
drawings,  three   two  in each
even-numbered year and  three   two  in
each odd-numbered year. Each drawing shall be held at 11 a.m. on the
date specified in this subdivision. The results of each drawing shall
be mailed immediately to each county elections official responsible
for conducting an election to which the drawing  is
applicable,   applies,  who shall use it in
determining the order on the ballot of the names of the candidates
for office. 
   (A) The first drawing under this subdivision shall take place on
the 82nd day before the April general law city elections of an
even-numbered year, and shall apply to those elections and any other
elections held at the same time.  
   (B) 
    (A)  The  second   first 
drawing under this subdivision shall take place on the 82nd day
before the direct primary of an even-numbered year, and shall apply
to all candidates on the ballot in that election. 
   (C) 
    (B)  (i) The third   second 
drawing under this subdivision shall take place on the 82nd day
before the November general election of an even-numbered year, and
shall apply to all candidates on the ballot in the November general
election.
   (ii) In the case of the primary election and the November general
election, the Secretary of State shall certify and transmit to each
county elections official the order in which the names of federal and
state candidates, with the exception of candidates for State Senate
and Assembly, shall appear on the ballot. The elections official
shall determine the order on the ballot of all other candidates using
the appropriate randomized alphabet for that purpose. 
   (D) The fourth drawing under this subdivision shall take place on
the 82nd day before the March general law city elections of each
odd-numbered year, and shall apply to those elections and any other
elections held at the same time.  
   (E) 
    (C)  The  fifth   third 
drawing under this subdivision shall take place on the 82nd day
before the first Tuesday after the first Monday in June of each
odd-numbered year, and shall apply to all candidates on the ballot in
the elections held on that date. 
   (F) 
    (D)  The  sixth   fourth 
drawing under this subdivision shall take place on the 82nd day
before the first Tuesday after the first Monday in November of the
odd-numbered year, and shall apply to all candidates on the ballot in
the elections held on that date. 
   (2) In the event 
    (2)     If  there is to be an election
of candidates to a special district, school district, charter city,
or other local government body at the same time as one of the
 five   four  major election dates
specified in subparagraphs (A) to  (F),   (D),
 inclusive,  of paragraph (1)  and the last possible
day to file nomination papers for the local election would occur
after the date of the drawing for the major election date, the
procedure set forth in Section 13113 shall apply.
   (c) Each randomized alphabet drawing shall be open to the public.
At least 10 days  prior to   before  a
drawing, the Secretary of State shall notify the news media and other
interested parties of the date, time, and place of the drawing. The
president of each statewide association of local officials with
responsibilities for conducting elections shall be invited by the
Secretary of State to attend each drawing or send a representative.
The state chairman of each qualified political party shall be invited
to attend or send a representative in the case of drawings held to
determine the order of candidates on the primary election ballot, the
November general election ballot, or a special election ballot as
provided for in subdivision (d).
   (d) In the case of  any   a  special
election for State Assembly, State Senate, or Representative in
Congress, on the first weekday after the close of filing of
nomination papers for the office, the Secretary of State shall
conduct a public drawing to produce a randomized alphabet in the same
manner as provided for in subdivisions (a) and (c). The resulting
randomized alphabet shall be used for determining the order on the
ballot of the candidates in both the primary election for the special
election and in the special election.