Bill Text: CA AB759 | 2021-2022 | Regular Session | Chaptered
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-Chaptered.html
Assembly Bill
No. 759
CHAPTER 743
An act to repeal and add Section 1300 of the Elections Code, and to amend Section 24200 of the Government Code, relating to elections.
[
Approved by
Governor
September 29, 2022.
Filed with
Secretary of State
September 29, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
AB 759, McCarty.
Elections: county officers.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. 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 would require the election to select district attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney or sheriff elected in 2022. The bill would authorize a county board of supervisors to
adopt an ordinance to also hold the election for other county officers with the presidential primary. To the extent changing the date for election of district attorney and sheriff 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 of the Elections Code is repealed.SEC. 2.
Section 1300 is added to the Elections Code, to read:1300.
(a) (1) An election to select a district attorney and sheriff shall be held with the presidential primary.(2) If the district attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be
deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff.
(b) (1) Except as provided in paragraph (2) and as otherwise provided in the Government Code, an election to select county officers
other than district attorney and sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2) Notwithstanding paragraph (1), and except as otherwise provided in the Government Code, a county board of supervisors may adopt an ordinance to hold
an election to select any county officer other than a county superintendent of schools with the presidential primary.
(3) If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c) Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney and sheriff be elected in
presidential election years applies to both general law and charter counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney or sheriff would occur.
(d) A district attorney or sheriff elected in 2022
shall serve a six-year term and the next election for that office shall occur at the 2028 presidential primary.
