Bill Text: CA SB49 | 2015-2016 | Regular Session | Enrolled
Bill Title: Elections: special elections.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB49 Detail]
Download: California-2015-SB49-Enrolled.html
BILL NUMBER: SB 49 ENROLLED
BILL TEXT
PASSED THE SENATE JULY 9, 2015
PASSED THE ASSEMBLY JUNE 27, 2016
AMENDED IN SENATE JUNE 23, 2015
AMENDED IN SENATE MAY 20, 2015
AMENDED IN SENATE APRIL 8, 2015
INTRODUCED BY Senator Runner
DECEMBER 19, 2014
An act to amend Section 10705 of the Elections Code, relating to
elections, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 49, Runner. Elections: special elections.
Existing law requires the Governor, within 14 calendar days of the
occurrence of a vacancy in a congressional or legislative office, to
issue a proclamation calling a special election in accordance with
certain requirements. Existing law requires a special primary
election in the district in which the vacancy occurred to be held on
the 9th or 10th Tuesday preceding the day of the special general
election at which the vacancy is to be filled. Existing law requires
all candidates to be listed on one ballot and, if any candidate
receives a majority of all votes cast at the special primary
election, requires that the candidate receiving the majority of the
votes cast be declared elected and cancels the special general
election. Existing law also requires that a candidate be declared
elected and cancels the special general election if only one
candidate qualifies to have his or her name printed on the special
general election ballot.
This bill would authorize the Governor to declare a candidate for
a legislative office elected if only one candidate for the
legislative office qualifies to have his or her name printed on the
special primary election ballot, and would cancel the special primary
election and special general election if the Governor declares such
a candidate elected. The bill would also require the Governor to
rescind the proclamation calling for the special election if a
special primary election or a special general election is canceled
because a candidate has been declared elected, as specified. The bill
would clarify that a candidate is declared elected, for purposes of
the existing provisions described above, by the Secretary of State.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 10705 of the Elections Code is amended to read:
10705. (a) All candidates shall be listed on one ballot and,
except as provided in subdivision (b), if a candidate receives a
majority of all votes cast, he or she shall be declared elected by
the Secretary of State, and the special general election shall not be
held.
(b) If only one candidate qualifies to have his or her name
printed on the special general election ballot, that candidate shall
be declared elected by the Secretary of State, and the special
general election shall not be held.
(c) If only one candidate for a legislative office qualifies to
have his or her name printed on the special primary election ballot
that candidate may be declared elected by the Governor. If a
candidate is declared elected by the Governor pursuant to this
subdivision, the special primary election and special general
election shall not be held.
(d) If, pursuant to any of subdivisions (a) to (c), inclusive, a
special primary election or a special general election will not be
held, the Governor shall rescind the proclamation calling the special
election.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
In order to prevent the unnecessary expenditure of state and local
moneys on special elections, it is necessary that this act take
effect immediately.
