Amended  IN  Senate  January 13, 2022
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 add Section 1007.5 to the Education Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 286, as amended, Min. Elections: Orange County Department Board of Education.
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 Board 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, 2023, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Department Board of Education.
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 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 Board 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 Board of Education.

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.