BILL NUMBER: AB 1515	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hertzberg

                        FEBRUARY 23, 2001

   An act to repeal Sections 10705 and 10706 of, and to repeal and
add Section 10704 to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1515, as introduced, Hertzberg.  Special legislative or
congressional election:  instant runoff voting.
   Existing law provides generally that, at a special election called
by the Governor to fill a vacancy in the office of Representative in
Congress, State Senator, or Member of the Assembly, all candidates
be listed on the ballot and, if any candidate receives a majority of
all votes cast, he or she shall be declared elected, and a special
general election may not be held.  If a candidate does not receive a
majority of all votes cast, the names of the candidates receiving the
most votes representing a qualified political party are placed on
the special general election ballot as that party's candidate. Under
existing law, the special primary and the special general elections
are required to be conducted within specified time periods.
   This bill would delete these requirements and certain related
provisions and would instead require that a special election to fill
a vacancy in the office of Representative in Congress, State Senator,
or Member of the Assembly be conducted using an instant run-off
voting method.  By requiring the use of a new voting method, 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   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 these
statutory provisions.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


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


  SECTION 1.  Section 10704 of the Elections Code is repealed.

   10704.  (a) A special primary election shall be held in the
district in which the vacancy occurred on the eighth Tuesday or, if
the eighth Tuesday is the day of or the day following a state
holiday, the ninth 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 63
days before the primary election, shall be left with the county
elections official for examination not less than 43 days before the
primary election, and shall be filed with the Secretary of State not
less than 39 days before the primary election.
   (b) Notwithstanding Section 3001, applications for absent voter
ballots may be submitted not more than 25 days before the primary
election, except that Section 3001 shall apply if the special
election or special primary election is consolidated with a statewide
election.  Applications received by the elections official prior to
the 25th day shall not be returned to the sender, but shall be held
by the elections official and processed by him or her following the
25th day prior to the election in the same manner as if received at
that time. 
  SEC. 2.  Section 10704 is added to the Elections Code, to read:
   10704.  A special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of the Assembly
shall be conducted using an instant run-off voting method.
  SEC. 3.  Section 10705 of the Elections Code is repealed.  

   10705.  (a) All candidates shall be listed on one ballot and,
except as provided in subdivision (b), if any candidate receives a
majority of all votes cast, he or she shall be declared elected, and
no special general election shall 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, and no special general election shall be held,
even if that candidate received less than a majority of the votes
cast. 
  SEC. 4.  Section 10706 of the Elections Code is repealed.  

   10706.  (a) If no candidate receives a majority of votes cast, the
name of that candidate of each qualified political party who
receives the most votes cast for all candidates of that party shall
be placed on the special general election ballot as the candidate of
that party.  The name of a write-in candidate shall not be placed on
the ballot unless he or she also meets the requirements of
subdivision (a) of Section 8605.
   (b) In addition to the candidates referred to in subdivision (a),
each candidate who has qualified for the ballot by reason of the
independent nomination procedure pursuant to Part 2 (commencing with
Section 8300) of Division 8 shall be placed on the special general
election ballot as an independent candidate.  However, if two or more
of these candidates are recorded on their affidavits of registration
as being affiliated with the same political body, only the candidate
with the greatest number of votes shall be placed on the special
general election ballot. 
  SEC. 5.  Notwithstanding Section 17610 of the Government Code, 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.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.