Bill Text: CA AB2550 | 2013-2014 | Regular Session | Amended
Bill Title: Election dates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-05-23 - In committee: Set, second hearing. Held under submission. [AB2550 Detail]
Download: California-2013-AB2550-Amended.html
BILL NUMBER: AB 2550 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 29, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 21, 2014
An act to amend Sections 1000, 1301, 1303,
and 13112 10402.5 of the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2550, 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.
Existing law also requires a state, county, municipal, district,
and school district election held on a statewide election date to be
consolidated with the statewide election; however, the board of
supervisors of a county of the first class may deny a request for
consolidation under certain circumstances.
This bill would eliminate the established election dates
in March and April, and would modify the established election date in
June to each even-numbered year instead of each year.
This bill would require general municipal and general district
elections held on or after July 1, 2015, to be held on the first
Tuesday after the first Monday in June of even-numbered years, or on
the first Tuesday after the first Monday in November of each
odd-numbered or even-numbered year, subject to certain
exceptions. The bill would provide that these provisions may
not be construed to shorten the term of office of any officeholder,
as specified, or as altering the date of a runoff
an election provided for in the principal act of
held in a district if the principal act of
the district provides for a runoff election .
This bill would also provide that, if a board of supervisors of a
county of the first class denies a request to consolidate an
election, that election shall not be held on the date of the
statewide election.
By increasing the duties of local elections officials, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 each
even-numbered year.
(b) The first Tuesday after the first Monday in November of each
year.
SEC. 2. SECTION 1. 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 the first Tuesday after the
first Monday in June of each even-numbered year, or on the first
Tuesday after the first Monday in November of an odd-numbered or
even-numbered year .
(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.
Any 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. 3. 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 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 three drawings, two in each even-numbered
year and one 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, 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 first Tuesday after the first Monday in June
of each 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
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 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 three major election
dates specified in subparagraphs (A) to (C), inclusive, 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 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 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. 2. Section 1303 of the Elections
Code is amended to read:
1303. (a) Unless the principal act of a district provides that an
election shall be held on one of the other dates specified
in Chapter 1 (commencing with Section 1000) of Division 1
the first Tuesday after the first Monday in June of each
even-numbered year or on the first Tuesday after the first Monday in
November of each even-numbered year , or except as
provided in Section 1500, or except as provided in subdivision (b), a
general district election to elect members of the governing board
shall be held in each special district subject to Division 10
(commencing with Section 10000) on the first Tuesday following the
first Monday in November of each odd-numbered year.
(b) Notwithstanding any other provision of law, a governing body
of a special district may require, by resolution, that its elections
of governing body members be held on the same day as the statewide
general election. The resolution shall become operative upon the
approval of the board of supervisors pursuant to Section 10404.
SEC. 3. Section 10402.5 of the Elections
Code is amended to read:
10402.5. (a) Any state, county, municipal,
district, and school district election held on a statewide election
date pursuant to Section 1002 shall be consolidated with the
statewide election pursuant to this part except that, in counties of
the first class, the board of supervisors may deny any request for
consolidation if it finds that the ballot style, voting equipment, or
computer capacity is such that additional elections or materials
cannot be handled. The procedural requirements prescribed for that
type of election shall be construed as if this section were
specifically set forth in the provisions relating to that election.
(b) Notwithstanding any other provision of law, if the board of
supervisors of a county of the first class denies a request for an
election to be consolidated with the statewide election pursuant to
subdivision (a), that election shall not be held on the same day as
the statewide election.
SEC. 4. (a) This act shall not be construed to alter the
date of a runoff election provided for in the principal act of a
district. apply to either of the following:
(1) An election held prior to July 1, 2015.
(2) An election held in a district if the principal act of the
district provides for a runoff election.
(b) 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.
(c) No later than July 1, 2015, the governing board of a city or
district required to change the date of its election pursuant to this
act shall adopt a resolution establishing a new election date.
(c)
(d) No later than 30 days after the effective
date of this act August 1, 2015 , each county
elections official shall cause a notice to be mailed to all
registered voters in his or her jurisdiction informing the voters of
the change in each election date. The notice shall also inform the
voters whether, as a result of the change in the election date, an
incumbent's term of office will be extended.
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
