BILL NUMBER: AB 2790 CHAPTERED 09/25/04 CHAPTER 785 FILED WITH SECRETARY OF STATE SEPTEMBER 25, 2004 APPROVED BY GOVERNOR SEPTEMBER 24, 2004 PASSED THE ASSEMBLY AUGUST 26, 2004 PASSED THE SENATE AUGUST 23, 2004 AMENDED IN SENATE AUGUST 17, 2004 AMENDED IN SENATE JULY 20, 2004 AMENDED IN ASSEMBLY APRIL 27, 2004 INTRODUCED BY Assembly Member Pacheco FEBRUARY 20, 2004 An act to amend Sections 1301, 9283, 9285, 10221, 10226, 10228, 10262, 10263, 10403.5, 12111, 13113, 17100, and 17304 of the Elections Code, and to amend Section 36801 of the Government Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 2790, Pacheco. Elections. (1) Existing law authorizes a city council to enact an ordinance requiring its general municipal election to be held on the same day as the statewide direct primary election, the day of the statewide general election, or on the day of school district elections, as specified. This bill would additionally authorize a city council to enact an ordinance requiring its general municipal election to be held on the 1st Tuesday after the 1st Monday of March in each odd-numbered year or the 2nd Tuesday of April in each year. (2) Existing law requires that an elections official immediately send a copy of any argument filed against a city measure to any person who has filed an argument in favor of that measure so that person may prepare and submit a rebuttal argument to the elections official. This bill would additionally allow the author of an argument relating to a city measure to authorize, in writing, any other person or persons to prepare, submit, or sign the rebuttal argument. (3) Existing law establishes certain requirements for candidate nomination papers that must be met for the nomination paper to be sufficient. This bill would, upon the determination that a nomination paper is insufficient or does not contain the requisite number of valid signatures, require the elections official to retain the original nomination paper, provide a copy of the nomination paper to the candidate with an indication of the valid signatures, and issue a supplemental petition to the candidate on which the candidate may collect additional signatures, thereby imposing a state-mandated local program. (4) Existing law authorizes the imposition of a filing fee proportionate to the costs of processing a candidate's nomination papers as determined by the city council and set by ordinance, but not exceeding $25, to be paid upon the filing of the nomination papers. This bill would additionally authorize the imposition of that fee for the processing of a candidate's supplemental nomination papers. (5) Existing law requires the canvass of election returns to be completed by the elections official no later than the 3rd Friday after the election and requires the governing body to meet no later than the 3rd Friday after the election to declare the results and install the newly elected officers. This bill would instead require the canvass of election returns to be completed by the elections official and the governing body to meet to declare the results and install the newly elected officers no later than at the next regularly scheduled city council meeting after the election or at a special meeting called for that purpose. (6) Existing law requires that, if a general municipal election is held on the same day as a statewide election, those city officers whose terms of office would have expired on the 3rd Tuesday in April of an even-numbered year to continue in their offices until no later than the 4th Tuesday after the general municipal election, and until their successors are elected and qualified. This bill would instead require that, if a general municipal election is held on the same day as a statewide election, those city officers whose terms of office would have expired no later than the next regularly scheduled city council meeting after an election to continue in their offices until not later than that meeting. (7) Existing law authorizes, in the case of 2 randomized alphabets drawn for the same election, the results of the 2nd randomized alphabet drawing to be clearly set apart and labeled "FOR USE IN A RUNOFF ELECTION ONLY." This bill would require this existing law to apply in the case of a charter city that holds an election and a runoff election. (8) Existing law requires that all nomination documents and signatures in lieu of filing fee petitions be held by the elections officer with whom they are filed during the term of the office for which they are filed and 4 years after the expiration of that term. Existing law authorizes voters to inspect the content of election packages, as described, following the commencement of the official canvass of the votes. This bill would limit public access to documents filed with an elections officer to viewing the documents only and would prohibit the public from copying or distributing any documents that contain the signatures of voters. This bill would prevent, following the commencement of the official canvass of votes, voters from copying or distributing any documents that contain signatures of voters. (9) 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. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 1301 of the Elections Code is amended to read: 1301. (a) Except as required by Section 57379 of the Government Code, and except as provided in subdivision (b), a general municipal election shall be held on an established election date pursuant to Section 1000. (b) (1) Notwithstanding subdivision (a), a city council may enact an ordinance, pursuant to Division 10 (commencing with Section 10000), requiring its general municipal election to be held on the same day as the statewide direct primary election, the day of the statewide general election, on the day of school district elections as set forth in Section 1302, the first Tuesday after the first Monday of March in each odd-numbered year, or the second Tuesday of April in each year. Any ordinance adopted pursuant to this subdivision shall become operative upon approval by the board of supervisors. (2) In the event of consolidation, the general municipal election shall be conducted in accordance with all applicable procedural requirements of this code pertaining to that primary, general, or school district election, and shall thereafter occur in consolidation with that election. (c) If a city adopts an ordinance described in subdivision (b), the municipal election following the adoption of the ordinance and each municipal election thereafter shall be conducted on the date specified by the city council, in accordance with subdivision (b), unless the ordinance in question is later repealed by the city council. (d) If the date of a general municipal election is changed pursuant to subdivision (b), at least one election shall be held before the ordinance, as approved by the board of supervisors, may be subsequently repealed or amended. SEC. 2. Section 9283 of the Elections Code is amended to read: 9283. A ballot argument may not be accepted under this article unless accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. No more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five authors, the signatures of the first five shall be printed. SEC. 3. Section 9285 of the Elections Code is amended to read: 9285. (a) (1) When an elections official receives an argument relating to a city measure that will be printed in the ballot pamphlet, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. (2) The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. (3) A rebuttal argument relating to a city measure shall be filed with the elections official no later than 10 days after the final filing date for primary arguments. (4) A rebuttal argument relating to a city measure may not be signed by more than five persons and shall be printed in the same manner as a direct argument and shall immediately follow the direct argument which it seeks to rebut. (b) Subdivision (a) applies only if, not later than the day on which the legislative body calls an election, the legislative body, adopts its provisions by majority vote, in which case subdivision (a) applies at the next ensuing municipal election and at each municipal election thereafter, unless later repealed by the legislative body in accordance with the procedures of this subdivision. SEC. 4. Section 10221 of the Elections Code is amended to read: 10221. (a) Except as provided in subdivision (b), the signatures to each nomination paper shall be appended on the same sheet of paper, and each signer shall add his or her place of residence, giving the street and number, if any, or another designation of his or her place of residence, so as to enable its location to be readily ascertained. (b) Once a nomination paper is filed with the elections official, the nomination paper may not be returned to the candidate to obtain additional signatures. If the nomination paper is determined to be insufficient or the candidate fails to obtain the correct number of valid signatures on his or her nomination paper, the elections official shall retain the original nomination paper, provide a copy of the nomination paper to the candidate with an indication on of which signatures are valid, and issue one supplemental petition to the candidate on which the candidate may collect additional signatures. The supplemental petition shall be filed not later than the last day for filing for that office. The form of the supplemental petition shall be the same as the nomination paper, except that the word "Supplemental" shall be inserted above the phrase "Nomination Paper." SEC. 5. Section 10226 of the Elections Code is amended to read: 10226. The nomination papers and affidavits shall be substantially in the following form: "NOMINATION PAPER We, the undersigned voters of the ____ of ____ hereby nominate ______ for the office of ____ of the city: Name Residence ______________________________ ________________________________ ______________________________ ________________________________ ______________________________ ________________________________ AFFIDAVIT OF THE CIRCULATOR State of California ) County of __________ ) ss. I, ____, solemnly swear (or affirm) that the signatures on this nomina- tion paper were obtained between ____, 2__, and ____, 2__; that I circu- lated this petition and I saw the signatures on this section of the nomination papers being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be. My residence address is ________. _____________________________________ (Signature) I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at ____________, on _________________, 2___. AFFIDAVIT OF THE NOMINEE State of California ) County of _________ ) ss. ______ being duly sworn, says that he or she is the above-named nominee for the office of ____, that he or she will accept the office in the event of his or her election, that he or she desires his or her name to appear on the ballot as follows: ______________________________________ (Print name above), and that he or she desires the following designation to appear on the ballot under his or her name: ______________________________________ (Print desired designation above.) I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at ____________, on _________________, 2___." SEC. 6. Section 10228 of the Elections Code is amended to read: 10228. A filing fee proportionate to the costs of processing a candidate's nomination papers or a candidate's supplemental nomination papers filed pursuant to subdivision (b) of Section 10221 as determined by the city council and set by ordinance, but not exceeding twenty-five dollars ($25), may be imposed, to be paid upon the filing of the nomination papers. SEC. 7. Section 10262 of the Elections Code is amended to read: 10262. The canvass shall be conducted by the elections official. Sections 15302 and 15303 shall govern the conduct of the canvass. Upon the completion of the canvass, the elections official shall certify the results to the governing body. (a) Except as provided in subdivision (b), the canvass shall be completed by the elections official no later than the fourth Friday after the election. Upon completion of the canvass, the elections official shall certify the results to the governing body which shall, no later than the fourth Friday after the election, comply with the applicable provisions of Section 10263. (b) For a consolidated election, the city elections official, upon receipt of the results of the election from the elections official conducting the election, shall certify the results to the governing body which shall, no later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, comply with the applicable provisions of Section 10263. SEC. 8. Section 10263 of the Elections Code is amended to read: 10263. Upon the completion of the canvass and before installing the new officers, the governing body shall adopt a resolution reciting the fact of the election and the other matters that are enumerated in Section 10264. The governing body shall declare elected the persons for whom the highest number of votes were cast for each office. (a) Except as provided in subdivision (b), the governing body shall meet at its usual place of meeting no later than the fourth Friday after the election to declare the results and to install the newly elected officers. (b) For a consolidated election, the governing body shall meet at its usual place of meeting no later than the next regularly scheduled city council meeting following presentation of the 28-day canvass of the returns, or at a special meeting called for this purpose, to declare the results and to install the newly elected officers. SEC. 9. Section 10403.5 of the Elections Code is amended to read: 10403.5. (a) (1) Any city ordinance requiring its general municipal election to be held on a day specified in subdivision (b) of Section 1301 shall be approved by the board of supervisors unless the ballot style, voting equipment, or computer capability is such that additional elections or materials cannot be handled. Prior to adoption of a resolution to either approve or deny a consolidation request, the board or boards of supervisors shall each obtain from the elections official a report on the cost-effectiveness of the proposed action. (2) A city, by itself or in concert with other cities, may purchase or otherwise contribute to the purchase of elections equipment, including, but not limited to, a computer for the purposes of conducting a consolidated election when the equipment shall be owned by the county. (b) As a result of the adoption of an ordinance pursuant to this section, no term of office shall be increased or decreased by more than 12 months. As used in this subdivision, "12 months" means the period between the day upon which the term of office would otherwise have commenced and the first Tuesday after the second Monday in the 12th month before or after that day, inclusive. (c) If an election is held on a day specified in subdivision (b) of Section 1301, and the election is consolidated with another election this part, except Section 10403, shall govern the consolidation and, if the county elections official is requested to conduct the municipal election, Section 10002 shall be applicable to that election. (d) If a general municipal election is held on the same day as a statewide election, those city officers whose terms of office would have, prior to the adoption of the ordinance, expired no later than the next regularly scheduled city council meeting after receipt of the certification of the results from the elections official shall, instead, continue in their offices until not later than that meeting. (e) Within 30 days after the ordinance becomes operative, the city elections official shall cause a notice to be mailed to all registered voters informing the voters of the change in the election date. The notice shall also inform the voters that as a result in the change in the election date, the terms of office of the elected city officeholders will be changed. SEC. 10. Section 12111 of the Elections Code is amended to read: 12111. (a) In case of a municipal election on any measure, the city elections official shall publish a synopsis of the measure at least one time not later than one week before the election in a newspaper of general circulation in the city. 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. The notice shall be headed "Measure To Be Voted On" in conspicuous type and shall be substantially in the following form: MEASURE TO BE VOTED ON Notice is hereby given that the following measure is to be voted on at the ____ (general or special) municipal election to be held in the City of ____, on Tuesday, the ____ day of ____, 2___. (Synopsis of measure or measures) Dated ____ __________________________________ City Elections Official City of ________________ (b) The city elections official shall consolidate the notice of election and the notice of measure to be voted on into one notice if the measure was placed on the ballot before the notice of election is published pursuant to Section 12101. SEC. 11. Section 13113 of the Elections Code is amended to read: 13113. (a) In the case of an election of candidates in a special district, school district, charter city (whose charter does not provide to the contrary), or other local government body, occurring on other than one of the election dates specified in subdivision (b) of Section 13112, the official responsible for conducting the election shall, at the same time that the election is called, notify the Secretary of State by registered mail of the date of the election, the date of the close of filing, and the last possible date for filing in the event there is an extension of filing due to an incumbent failing to file. The Secretary of State shall conduct a randomized alphabet drawing on the first weekday following the last possible day of filing for the election according to subdivision (a) of Section 13112. (b) Except as provided for runoff elections in subdivision (d), if two or more drawings for local government elections would occur on the same date, the Secretary of State may use a single randomized alphabet drawing for all of these elections. The Secretary of State shall communicate the results of the drawing by registered mail to each respective official responsible for conducting the election who shall use it to determine the order on the ballot of all candidates' names. (c) All drawings held pursuant to this section shall be open to the public. (d) If a charter city conducts a runoff election it shall use the results of a randomized alphabet drawing separate from the results of the randomized alphabet drawing used for the initial election for that runoff election. The city shall, within three days following the initial election, notify the Secretary of State by registered mail of the date of the election and request that he or she conduct a randomized alphabet drawing for the runoff election. The Secretary of State shall immediately conduct a randomized alphabet drawing for the runoff election and communicate the results of the drawing to the elections official responsible for conducting the runoff election who shall use the results to determine the order of all the candidates' names on the ballot. The results of the randomized alphabet drawing shall be clearly labeled "FOR USE IN A RUNOFF ELECTION ONLY." SEC. 12. Section 17100 of the Elections Code is amended to read: 17100. (a) All nomination documents and signatures in lieu of filing fee petitions filed in accordance with this code shall be held by the officer with whom they are filed during the term of office for which they are filed and for four years after the expiration of the term. (b) Thereafter, the documents and petitions shall be destroyed as soon as practicable unless they either are in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district, including a school district, that the documents and petitions be preserved for use in a pending or ongoing investigation into election irregularities, the subject of which relates to the placement of a candidate's name on the ballot, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code). (c) Public access to the documents described in subdivision (a) shall be limited to viewing the documents only. The public may not copy or distribute copies of the documents described in subdivision (a) that contain signatures of voters. SEC. 13. Section 17304 of the Elections Code is amended to read: 17304. (a) The following provisions shall apply to all state or local elections not provided for in subdivision (a) of Section 17303. An election is not deemed a state or local election if votes for candidates for federal office may be cast on the same ballot as votes for candidates for state or local office. (b) The elections official shall preserve the package or packages containing the following items for a period of six months: (1) Two tally sheets. (2) The copy of the index used as the voting record. (3) The challenge lists. (4) The assisted voters list. (c) All voters may inspect the contents of the package or packages at all times following commencement of the official canvass of the votes, except that items that contain signatures of voters may not be copied or distributed. (d) If a contest is not commenced within the six-month period, or if a criminal prosecution involving fraudulent use, marking or falsification of ballots, or forgery of absent voters' signatures is not commenced within the six-month period, either of which may involve the vote of the precinct from which voted ballots were received, the election official may have the packages destroyed or recycled. SEC. 14. Section 36801 of the Government Code is amended to read: 36801. The city council shall meet at the meeting at which the declaration of the election results is made pursuant to Sections 10262 and 10263 of the Elections Code and, following the declaration of the election results and the installation of elected officials, choose one of its number as mayor, and one of its number as mayor pro tempore. SEC. 15. It is the intent of the Legislature that any modification to state law governing municipal election procedures required by this bill shall not result in additional costs to local election officials or result in the Commission on State Mandates making a finding or determination that these modifications establish a reimbursable state mandate. SEC. 16. 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.