Bill Text: CA AB759 | 2021-2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: county officers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 743, Statutes of 2022. [AB759 Detail]
Download: California-2021-AB759-Introduced.html
Bill Title: Elections: county officers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2022-09-29 - Chaptered by Secretary of State - Chapter 743, Statutes of 2022. [AB759 Detail]
Download: California-2021-AB759-Introduced.html
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 759
| Introduced by Assembly Member McCarty |
February 16, 2021 |
An act to add Section 1300.5 to the Elections Code, and to amend Section 24200 of the Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 759, as introduced, McCarty.
Elections: county sheriff.
The California Constitution requires the Legislature to provide for an elected county sheriff in each county. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill, commencing January 1, 2024, would require an election for county sheriff to instead be held at the presidential general election. To the extent changing the date for election of county sheriffs would impose additional duties on 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1300.5 is added to the Elections Code, to read:1300.5.
(a) Notwithstanding Section 1300, commencing January 1, 2024, an election for county sheriff shall be held at the presidential general election held on the first Tuesday after the first Monday in November in each even-numbered year that is evenly divisible by four.(b) (1) Notwithstanding subdivision (b) of Section 1003 or any other law, this section applies to both general law and charter counties.
(2) (A) The length of the term of a sheriff elected in 2022 in a general law county shall be two years, and the next election for that office shall occur at the 2024 presidential general election.
(B) A charter county may alter the length of the term of its elected sheriff to comply with this section.
SEC. 2.
Section 24200 of the Government Code is amended to read:24200.
(a) Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1st succeeding their election.(b) Notwithstanding subdivision (a), a county sheriff shall be elected at the presidential general election pursuant to Section 1300.5 of the Elections Code.
