Bill Text: CA SB519 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Special elections.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-02-03 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB519 Detail]

Download: California-2013-SB519-Introduced.html

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BILL NUMBER: SB 519	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Emmerson

                        FEBRUARY 21, 2013

   An act to amend Section 10704 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 519, as introduced, Emmerson. Vacancies in office: special
elections.
   Existing law requires the Governor to issue a proclamation calling
a special election to fill a vacancy in the office of Representative
in Congress or either house of the Legislature within 14 days of
when the vacancy occurs. Existing law requires that a special primary
election be held in the district in which the vacancy occurred on
the 9th Tuesday, or if the 9th Tuesday is the day of or the day
following a state holiday, the 10th Tuesday preceding the day of the
special general election at which the vacancy is to be filled.
Existing law imposes deadlines relating to the filing of nomination
papers for a candidate in a special primary election, as specified.
   This bill would make nonsubstantive changes to the provision
related to the deadlines imposed on a candidate in a special primary
election relating to the filing of nomination papers.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 10704 of the Elections Code is amended to read:

   10704.  (a) Except as provided in subdivision (b), a special
primary election shall be held in the district in which the vacancy
occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or
the day following a state holiday, the 10th Tuesday preceding the day
of the special general election at which the vacancy is to be
filled. Candidates at the primary election shall be nominated in the
manner set forth in Chapter 1 (commencing with Section 8000) of Part
1 of Division 8, except that nomination papers shall not be
circulated more than 73 days before the primary election, shall be
left with the county elections official for examination not less than
53 days before the primary election, and shall be filed with the
Secretary of State not less than 53 days before the primary election.

   (b) A special primary election shall be held in the district in
which the vacancy occurred on the 10th Tuesday preceding the day of
the special general election at which the vacancy is to be filled if
both of the following conditions apply:
   (1) The 10th Tuesday preceding the day of the special general
election is an established election date pursuant to Section 1000.
   (2) A statewide or local election occurring wholly or partially
within the same territory in which the vacancy exists is scheduled
for the 10th Tuesday preceding the day of the special general
election.
   (c) An application for a vote by mail ballot for a special
election shall be made and processed in the manner required by
Section 3001.
   (d) The sample ballot for a special election shall contain a
written explanation of the election procedure for voter-nominated
 office   offices  as specified in
subdivision (b) of Section 9083.5. Immediately after the explanation
shall be printed the following: "If one candidate receives more than
50% of the votes cast at the special primary election, he or she will
be elected to fill the vacancy and no special general election will
be held."
   (e) On the ballot for a special election, immediately below the
instructions to voters, there shall be a box not less than one-half
inch high enclosed by a heavy-ruled line the same as the borderline.
This box shall be as long as there are columns for the ballot and
shall be set directly above these columns. Within the box shall be
printed the words "Voter-Nominated Office." Immediately below that
phrase within the same box shall be printed the following:
   "All voters, regardless of the party preference they disclosed
upon registration, or refusal to disclose a party preference, may
vote for any candidate for a voter-nominated office. The party
preference, if any, designated by a candidate is selected by the
candidate and is shown for the information of the voters only. It
does not imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate."