BILL NUMBER: AB 3063 CHAPTERED 09/14/06 CHAPTER 289 FILED WITH SECRETARY OF STATE SEPTEMBER 14, 2006 APPROVED BY GOVERNOR SEPTEMBER 14, 2006 PASSED THE ASSEMBLY AUGUST 21, 2006 PASSED THE SENATE AUGUST 16, 2006 AMENDED IN SENATE JUNE 27, 2006 AMENDED IN ASSEMBLY APRIL 25, 2006 INTRODUCED BY Committee on Elections and Redistricting (Umberg (Chair), Wyland (Vice Chair), Karnette, Leno, Levine, and Villines) MARCH 7, 2006 An act to amend Sections 15101, 15120, 15266, 15341, and 15343 of the Education Code, and to amend Sections 9400 and 9402 of, and to add Section 8004 to, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 3063, Committee on Elections and Redistricting Elections. (1) Existing law authorizes or requires, as specified, the governing board of a school district or community college district or a school facilities improvement district, to order an election and submit to the electors of the district the question of whether the bonds of the district shall be issued and sold for the purpose of raising money for certain, listed purposes. Existing law prohibits the election from being held within 45 days before or after a statewide election unless it is held at the same time as the statewide election or on an established election date, as defined. This bill would, additionally, authorize the election to be held on an established mailed ballot election date, as defined. (2) Existing law authorizes the governing board of a school district or community college district, as an alternative to authorizing and issuing bonds through the local election described in (1) above, to pursue the authorization and issuance of bonds pursuant to certain provisions of the California Constitution. Existing law limits these bond elections to primary or general elections, regularly scheduled local elections, and statewide special elections. This bill would provide that the local election shall be one at which all of the electors of the school district, community college district, or school facilities improvement district, as appropriate, are entitled to vote. The bill would make other, technical changes in related provisions of existing law. (3) Existing law specifies time periods by which documents for nomination and candidacy for a direct primary election must be made available and filed with the county elections official. This bill would require the elections official, in the event that no candidate files for a party's nomination for any partisan office that would appear on the ballot in a county or a political subdivision within that county, to refrain from printing a partisan ballot for that party in which there are no candidates for that political party's nomination, and to send notification to those registered voters affiliated with a party for which there were no qualified candidates for that primary election, together with a nonpartisan ballot, unless a petition is filed for a write-in candidate, as specified. By increasing the duties of local elections officials, the bill would impose a state-mandated local program. (4) 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. 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 15101 of the Education Code is amended to read: 15101. Notwithstanding any other law, an election may not be held pursuant to this chapter within 45 days before a statewide election or within 45 days after a statewide election unless conducted at the same time as the statewide election, subject to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, or on an established election date pursuant to Section 1000 or 1500 of the Elections Code. SEC. 2. Section 15120 of the Education Code is amended to read: 15120. (a) An election held for purposes of this chapter shall be conducted as provided in Chapter 3 (commencing with Section 5300) of Part 4, except as otherwise provided in Sections 15100 to 15126, inclusive. (b) If an election is held for purposes of this chapter in a school district, no other election may be held for purposes of this chapter in that district for a period of 90 days after that election. SEC. 3. Section 15266 of the Education Code is amended to read: 15266. (a) As an alternative to authorizing and issuing bonds pursuant to Chapter 1 (commencing with Section 15100) or Chapter 2 (commencing with Section 15300), the governing board of a school district, community college district, or a school facilities improvement district may decide, pursuant to a two-thirds vote and subject to Section 15100 or 15302, as appropriate, to pursue the authorization and issuance of bonds pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and subdivision (b) of Section 18 of Article XVI of the California Constitution. An election may only be ordered on the question of whether bonds of a school district, community college district, or a school facilities improvement district shall be issued and sold pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution at a primary or general election, a regularly scheduled local election at which all of the electors of the school district, community college district, or school facilities improvement district, as appropriate, are entitled to vote, or a statewide special election. (b) Upon adopting a resolution to incur bonded indebtedness pursuant to subdivision (b) of Section 18 of Article XVI of the California Constitution and after the question has been submitted to the voters, if approved at the election, the bonds shall be issued pursuant to paragraph (3) of subdivision (b) of Section 1 of Article XIII A of the California Constitution and this chapter, and the governing board may not, regardless of the number of votes cast in favor of the bond, subsequently proceed exclusively under Chapter 1 (commencing with Section 15100) or under Chapter 2 (commencing with Section 15300), as appropriate. Where not inconsistent, the provisions of Chapter 1 (commencing with Section 15100) or Chapter 2 (commencing with Section 15300), as appropriate, shall apply to this chapter. SEC. 4. Section 15341 of the Education Code is amended to read: 15341. Notwithstanding any other law, an election may not be held pursuant to this chapter within 45 days before a statewide election or within 45 days after a statewide election unless conducted at the same time as the statewide election, subject to Part 3 (commencing with Section 10400) of Division 10 of the Elections Code, or on an established election date pursuant to Section 1000 or 1500 of the Elections Code. SEC. 5. Section 15343 of the Education Code is amended to read: 15343. (a) Except as otherwise specified in this chapter, an election held for purposes of this chapter shall be conducted as provided in Chapter 3 (commencing with Section 5300) of Part 4. (b) If an election is held for purposes of this chapter in a school facilities improvement district, no other election may be held for purposes of this chapter in that district for a period of 90 days after that election. SEC. 6. Section 8004 is added to the Elections Code, to read: 8004. (a) In the event that no candidate files for a party's nomination for any partisan office that would appear on the ballot in a county or a political subdivision within that county, the elections official shall do both of the following: (1) Refrain from printing a partisan ballot for that party in that county or a political subdivision within that county in which there are no candidates for that political party's nomination. (2) Send notification to those voters registered as affiliated with that party that there were no qualified candidates for the partisan office for which the voter is eligible to vote, together with a nonpartisan ballot, unless, within 10 days after the final date for filing nomination papers for the office, a petition indicating that a write-in campaign will be conducted is filed with the elections official and signed by 10 percent of the registered voters, or 100 registered voters, whichever is less, affiliated with that party within the county or a political subdivision within that county, whichever is applicable. (b) A separate petition shall be filed for each specific office for which a write-in campaign is to be conducted. SEC. 7. Section 9400 of the Elections Code is amended to read: 9400. Notwithstanding any other provision of law, this chapter applies to all bond issues proposed by a county, city and county, city, district, or other political subdivision, or by any agency, department, or board thereof, the security for which constitutes a lien on the property for ad valorem taxes within the jurisdiction and the proposal for which is required to be submitted to the voters for approval. SEC. 8. Section 9402 of the Elections Code is amended to read: 9402. All official materials, including any ballot pamphlet prepared, sponsored, or distributed by the jurisdiction that has proposed the bond issue or that is financed in whole or part by funds furnished by that jurisdiction, directed at or including a bond issue proposal, but excluding a notice of election required by law to be posted or published, shall contain a statement of the tax rate data specified in Section 9401. SEC. 9. 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.