Bill Text: CA SB286 | 2021-2022 | Regular Session | Amended

California Senate Bill 286 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Elections: Orange County Board of Education.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2022-08-11 - August 11 hearing: Held in committee and under submission. [SB286 Detail]

Download: California-2021-SB286-Amended.html

Amended IN Senate January 03, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 286

Introduced by Senator Min
(Coauthor: Senator Umberg)

February 01, 2021

An act ~~to amend Sections 1300 and 8140 of, and to add Section 10419 to, the Elections Code,~~ to add Section 1007.5 to the Education Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

SB 286, as amended, Min. Elections: ~~county officers: consolidation with statewide elections.~~ Orange County Department of Education.

(1)Existing law requires a candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office to be elected to that office.
This bill would exempt from that requirement candidates for county nonpartisan offices, including a county office in a charter county, but not including a charter city and county, and would require the candidates who received the highest and second highest number of votes cast for nomination to that office to be placed on the ballot at the ensuing general election. By imposing new duties on counties, including county elections officials, the bill would impose a state-mandated local program.

(2)Existing law generally requires that a plurality of the votes given at any election constitutes a choice, but allows charters of cities, counties, or cities and counties to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor. Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections.

This bill would require an election for an office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election to be consolidated with the statewide general election in November. The bill would require an election for an office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, ~~2022,~~ 2023, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election. These requirements would not apply to a charter city or charter city and county, but would apply to a charter county. By imposing new duties on local government, including county elections officials, the bill would impose a state-mandated local program.

This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Department of Education.

~~(3)~~By adding to 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 the statutory provisions noted above.

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

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

SECTION 1.Section 1300 of the Elections Code is amended to read:
1300.
Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. The election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
SEC. 2.Section 8140 of the Elections Code is amended to read:
8140.
(a)(1)Except as provided in subdivision (b), any candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving a majority, and equal in number to the number to be elected.
(2)Where a candidate has been elected to a nonpartisan office at the primary election, that office shall not appear on the ballot at the ensuing general election, notwithstanding the death, resignation, or other disqualification of the candidate at a time subsequent to the primary election.
(b)Subdivision (a) does not apply to candidates for county nonpartisan offices, including a county office in a charter county, but not including a charter city and county. The candidates for a county nonpartisan office at the ensuing general election shall be those candidates who received the highest and second highest number of votes cast for nomination to that office, as described in Section 8141.
SEC. 3.Section 10419 is added to the Elections Code, to read:
10419.
(a)Notwithstanding any other law, an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election shall be consolidated with the statewide general election in November. An election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2022, consolidated with the statewide direct primary election, shall instead be moved to, and consolidated with, the November statewide general election.
~~(b)As necessary, the term of office of all incumbent officers shall be extended accordingly until the successor takes office after the new election date.~~
~~(c)This section does not apply to a charter city or charter city and county, but does apply to a charter county.~~

SECTION 1.

Section 1007.5 is added to the Education Code, to read:

1007.5.
(a) Notwithstanding any other law, an election for any elected office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election shall be consolidated with the statewide general election in November. An election for any elected office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2023, consolidated with the statewide direct primary election, shall instead be moved to, and consolidated with, the November statewide general election.
(b) As necessary, the term of office of all incumbent officers shall be extended accordingly until the successor takes office after the new election date.

SEC. 2.
The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing elections for offices within the Orange County Department of Education.

SEC. 4.SEC. 3.

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.