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

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-Amended.html

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BILL NUMBER: AB 254	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2015

INTRODUCED BY   Assembly  Member   Roger
Hernández   Members   Roger Hernández 
 and Calderon 

                        FEBRUARY 9, 2015

   An act to amend Sections 1000,  1003,  1301, and 13112 of
the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 254, as amended, 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.  The bill would, except for certain special elections,
eliminate the exceptions for elections held in a chartered city or
chartered county and school district elections consolidated with
chartered city elections, thereby requiring these elections to be
held on an established election date. The bill would declare that
increasing voter turnout at local elections and promoting the
fundamental right to vote are matters of statewide concern. 
   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.    The Legislature finds and declares that
significantly increasing voter turnout at local elections and
promoting the fundamental right to vote are matters of statewide
concern. Therefore, this act applies to every political subdivision
in this state, including, but not limited to, charter counties,
charter cities, and charter cities and counties. 
   SECTION 1.   SEC. 2.   It is the intent
of the Legislature that the statutory changes made by this act do
 all   both  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.   SEC. 3.   Section 1000 of the
Elections Code is amended to read:
   1000.  The established election dates in each year are as follows:

   (a) The first Tuesday after the first Monday in June  in
  of  each year.
   (b) The first Tuesday after the first Monday in November of each
year.
   SEC. 4   .    Section 1003 of the  
Elections Code   is amended to read: 
   1003.  This chapter  shall   does  not
apply to the following:
   (a)  Any   A  special election called by
the Governor. 
   (b) Elections held in chartered cities or chartered counties in
which the charter provisions are inconsistent with this chapter.
 
   (b) A special election called by a local governmental entity
including, but not limited to, a chartered city, chartered county, or
school district. 
   (c)  School   A school  governing board
 elections consolidated pursuant to Section 1302.2 or
  election  initiated by petition pursuant to
Section 5091 of the Education Code. 
   (d) Elections of any kind required or permitted to be held by a
school district located in a chartered city or county when the
election is consolidated with a regular city or county election held
in a jurisdiction that includes 95 percent or more of the school
district's population.  
   (e) 
    (d)   County,   A county, 
municipal, district,  and   or  school
district initiative, referendum, or recall  elections.
  election.  
   (f) 
    (e)   Any   An  election
conducted solely by mailed ballot pursuant to Division 4 (commencing
with Section 4000). 
   (g) 
    (f)  Elections held pursuant to Article 1 (commencing
with Section 15100) of Chapter 1, or pursuant to Article 4
(commencing with Section 15340) of Chapter 2 of, Part 10  of
Division 1 of Title 1  of the Education Code.
   SEC. 3.   SEC. 5.   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) 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. 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.   SEC. 6.   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 four drawings, two in each even-numbered
year and 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
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 direct primary of an even-numbered year, and
shall apply to all candidates on the ballot in that election.
   (B) (i) The 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.
   (C) The 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.
   (D) The 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) 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 four major election dates
specified in subparagraphs (A) to (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 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 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.
   SEC. 7.    This act shall not be construed to shorten
the term of office of any officeholder in office on the effective
date of this act. For each office for which this act causes the
election to be held at a later date than would have been the case in
the absence of this act, the incumbent shall hold office until a
successor qualifies for the office, but in no event shall the term of
an incumbent be extended by more than four years.