Bill Text: CA AB801 | 2021-2022 | Regular Session | Amended

---

Bill Title: Elections: United States Senate vacancies.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2022-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB801 Detail]

Download: California-2021-AB801-Amended.html

---

Amended  IN  Assembly  March 25, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 801

---

Introduced by Assembly Member Kiley

February 16, 2021

---

An act to amend Section 10720 of Sections 10700, 10702, and 10703 of, to amend and renumber the heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of, and to repeal Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of, the Elections Code, and to amend Section 1773 of the Government Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 801, as amended, Kiley. Elections: United States Senate vacancies.

Under existing law, when a vacancy occurs in the office of Representative in Congress, or in either house of the Legislature, the Governor is required, within 14 calendar days after the occurrence of the vacancy, to call an election to fill the vacancy, as specified. With regard to a vacancy in the office of United States Senator, however, existing law authorizes the Governor to appoint a person to fill the vacancy, as specified.

This bill would instead require that a vacancy in the office of United States Senator be filled in the same manner as a vacancy in a congressional representative or state legislative office. The bill would make conforming and technical changes.

Existing law establishes procedures for filling a vacancy in the representation of the state in the United States Senate, as specified.

This bill would make technical, nonsubstantive changes to this provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 10700 of the Elections Code is amended to read:

10700.

 The Governor shall call all statewide special elections by issuing a proclamation pursuant to Section 12000. Except as provided by Chapter 3 2 (commencing with Section 10730), in the case of a vacancy in a congressional or legislative office the Governor shall issue a proclamation, within 14 calendar days of the occurrence of the vacancy, calling a special election in accordance with Section 10703. A copy of the proclamation shall be sent to the board of supervisors of each affected county.

SEC. 2.

 Section 10702 of the Elections Code is amended to read:

10702.

 Except as provided by Chapter 3 2 (commencing with Section 10730), this chapter provides the procedures for nomination and election of candidates at any special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly.

SEC. 3.

 Section 10703 of the Elections Code is amended to read:

10703.

 (a) (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, United States Senator, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor pursuant to Section 1773 of the Government Code.

(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 200 days following the proclamation in order to consolidate the election or the primary election with an election occurring wholly or partially within the same territory in which the vacancy exists.

(b) Except as provided in Chapter 3 2 (commencing with Section 10730), a special election or a primary election shall not be conducted on the day after a state holiday.

(c)(1)A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5 or 4001.5.

(2)This subdivision shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2021, deletes or extends that date.

SEC. 4.

 Chapter 2 (commencing with Section 10720) of Part 6 of Division 10 of the Elections Code is repealed.

SEC. 5.

 The heading of Chapter 3 (commencing with Section 10730) of Part 6 of Division 10 of the Elections Code is amended and renumbered to read:

CHAPTER   2. Vacancies in Congressional Offices caused by Catastrophe

SEC. 6.

 Section 1773 of the Government Code is amended to read:

1773.

 (a)  When a vacancy occurs in the office of Representative to in Congress, United States Senator, or in either house of the Legislature, the Governor shall within 14 calendar days after the occurrence of the vacancy issue a writ of proclamation calling an election to fill the vacancy; provided, that when such vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion; and provided, further, that when a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election shall be held. vacancy.

(1) If the vacancy occurs in a congressional office after the close of the nomination period in the final year of the term of office, a special election may be held, at the Governor’s discretion.

(2) If the vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, a special election shall not be held.

(b)  The Governor shall issue the election proclamation under his the Governor’s hand and the Great Seal of the state, and shall transmit copies to the board of supervisors of the counties in which the election is to be held.

SECTION 1.Section 10720 of the Elections Code is amended to read:

10720.

If a vacancy occurs in the representation of this state in the Senate of the United States, the Governor may appoint and commission an elector of this state who possesses the qualifications for the office to fill the vacancy until the appointee’s successor is elected and qualifies and is admitted to the successor’s seat by the United States Senate. However, whenever a vacancy occurs within a term fixed by law to expire on the third day of January following the next general election, the person so appointed shall hold office for the remainder of the unexpired term unless the vacancy is filled at a special election held prior to the general election, in which case the person elected at the special election shall hold office for the remainder of the unexpired term. An election to fill a vacancy in the term of a United States Senator shall be held at the general election next succeeding the occurrence of the vacancy or at any special election.