BILL NUMBER: AB 2598 CHAPTERED 09/03/02 CHAPTER 344 FILED WITH SECRETARY OF STATE SEPTEMBER 3, 2002 APPROVED BY GOVERNOR AUGUST 31, 2002 PASSED THE ASSEMBLY AUGUST 19, 2002 PASSED THE SENATE AUGUST 14, 2002 AMENDED IN SENATE AUGUST 7, 2002 AMENDED IN SENATE JUNE 12, 2002 INTRODUCED BY Committee on Elections, Reapportionment and Constitutional Amendments (Longville (Chair), Ashburn (Vice Chair), Aanestad, Bill Campbell, Cardenas, Cardoza, Daucher, Firebaugh, Horton, Kehoe, Leonard, Oropeza, Shelley, and Vargas) FEBRUARY 21, 2002 An act to amend Sections 1500, 12110, and 14107 of, and to amend and renumber Section 15278 of, the Elections Code, and to amend Section 36801 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 2598, Committee on Elections, Reapportionment and Constitutional Amendments. Elections. Existing law requires the city elections official, in the case of a municipal election to fill offices, to publish a specified notice in a newspaper in the city not later than one week before the election. This bill would require the notice to be published in a newspaper of general circulation. Existing law requires that, if held, an election by all-mail ballot to elect the members of the governing board of a special district be held on the first Tuesday following the first Monday in September of each odd-numbered year. This bill would instead provide that the all-mail ballot election shall be held on the last Tuesday in August of each odd-numbered year. This bill would make technical, nonsubstantive changes. Existing law requires the city council of a general law city to meet on the 2nd Tuesday after the election to canvass the returns, declare the election results, pass a resolution stating the results of the election, and install the newly elected officers. Existing law further requires the city council to meet on the Tuesday after the general municipal election and choose one of its number as mayor, and one of its number as mayor pro tempore. This bill would instead require the city council to meet at the regularly scheduled meeting next following the meeting at which the declaration of the election results was made and choose a mayor and a mayor pro tempore. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1500 of the Elections Code is amended to read: 1500. If any election to choose members of the governing board of a special district is to be totally conducted by mailed ballot, it shall be held on the last Tuesday in August of each odd-numbered year. However, if permitted by the elections official of the county or counties affected by the use of all mailed ballots, the special district election may be held on the first Tuesday after the first Monday in November of each odd-numbered year. All other district elections conducted by mailed ballot may be held in accordance with the dates set forth in the district enabling act or may be consolidated with the general district election. SEC. 2. Section 12110 of the Elections Code is amended to read: 12110. In case of a municipal election to fill offices, the city elections official shall not later than one week before the election publish a list of the names of the nominees, in the order in which they appear on the ballot, and the respective offices for which they have been nominated. Publication shall be in the city in a newspaper of general circulation. If there is no newspaper of general circulation published and circulated in the city, the notice shall be typewritten and copies shall be posted conspicuously within the time prescribed in at least three public places in the city. This list shall be headed, "Nominees for Public Office," in conspicuous type, and shall be substantially in the following form: NOMINEES FOR PUBLIC OFFICE Notice is hereby given that the following persons have been nominated for the offices mentioned below to be filled at the general municipal election to be held in the ____ of ____on ____ the ____ day of ____, 20__. (Here follow with the list of nominees.) Dated, ____ _________________________________ City Elections Official SEC. 3. Section 14107 of the Elections Code is amended to read: 14107. (a) The roster to be kept by each precinct board shall be substantially in the following form: Roster of the _______ election held in the ______ precinct ______ district, County of ________, on the _____ day of ________, 20__. Following are the voters of above precinct desiring to vote under Sections 14216, 14218, 14278, and 14284 of the Elections Code: ------------------------------------------------------------------ No. Signature of voter Residence of voter 1 ________________________ ______________________________ 2 ________________________ ______________________________ 3 ________________________ ______________________________ etc. ________________________ ______________________________ __________________________________________________________________ We hereby certify that all voters whose signatures appear hereinbefore in this roster voted this day excepting the following who, after signing the roster, failed to vote or were challenged and denied the right to vote. No. Name No. Name _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ _______________________________ We further certify that the number of voters who voted in this precinct at this election is ____, and that the above list of voters, less those who did not vote as enumerated, constitutes the roster of this precinct for this election. We further certify that the total number of official ballots received, voted, rejected, spoiled and canceled, found in the ballot container and the number accounted for is as indicated on the ballot statement. We further certify that the assisted voters list and challenge list show a complete list of all voters assisted or challenged. _______________________________ _______________________________ Clerk Inspector _______________________________ _______________________________ Clerk Judge _______________________________ _______________________________ Clerk Judge All members of the precinct board shall sign this certificate. (b) When votes are counted at the precinct, all members of the board shall also sign the certificate of performance prescribed in Section 15280. SEC. 4. Section 15278 of the Elections Code, as added by Chapter 1073 of the Statutes of 1998, is amended and renumbered to read: 15278.5. No precinct board member may make any tally of votes in any other manner than is provided in this article, nor in any place other than on the tally sheets provided for that purpose. SEC. 5. Section 36801 of the Government Code is amended to read: 36801. The city council shall meet at the regularly scheduled meeting next following the meeting at which the declaration of the election results was made pursuant to Section 10262 or 10263 of the Elections Code and choose one of its number as mayor, and one of its number as mayor pro tempore.