BILL NUMBER: ABX4 19	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Price
   (Principal coauthor: Senator Ridley-Thomas)

                        NOVEMBER 25, 2008

   An act relating to elections, and declaring the urgency thereof,
to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 19, as introduced, Price. Elections: 26th Senatorial District.
   Existing law generally requires that a special election shall be
conducted to fill a vacancy in the office of Representative in
Congress, State Senator, or Assembly Member on a Tuesday at least 112
days, but not more than 126 days, following the issuance of an
election proclamation by the Governor, except as specified. Existing
law authorizes a special election to be conducted within 180 days
following the issuance of an election proclamation by the Governor in
order that the special election or special primary election be
consolidated with the next regularly scheduled statewide election or
local election occurring wholly or partially within the same
territory in which the vacancy exists, provided that the voters
eligible to vote in the local election comprise at least 50% of all
the voters eligible to vote on the vacancy.
   This bill would require Los Angeles County to conduct a special
primary election on March 3, 2009, and, if necessary, conduct a
special election on May 19, 2009, to fill the vacancy in the office
of State Senator for the 26th Senatorial District. The bill would
further authorize Los Angeles County to consolidate its special
primary election and its special election with the City of Los
Angeles primary nominating election on March 3, 2009, and City of Los
Angeles general municipal election on May 19, 2009. The bill would
make related legislative findings and declarations.
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) There exists a vacancy in the office of State Senator for the
26th Senatorial District, located entirely in Los Angeles County.
   (2) The City of Los Angeles has a primary nominating election
scheduled for March 3, 2009, and a general municipal election
scheduled for May 19, 2009.
   (3) Existing provisions of the Elections Code generally require a
special primary election to fill a vacancy to occur on the eighth
Tuesday before the special election to fill that vacancy, unless that
eighth Tuesday is the day after a state holiday, in which case the
special primary election is to occur on the ninth Tuesday before the
special election. However, there are 11 weeks between the Los Angeles
City primary nominating election and its general municipal election.

   (4) It will cost Los Angeles County approximately two million
three hundred forty-three thousand dollars ($2,343,000) to conduct
each stand-alone election for the special primary election and
special election to fill the vacancy in the office of State Senator
for the 26th Senatorial District, for a total of four million six
hundred eighty-six thousand dollars ($4,686,000).
   (5) If Los Angeles County consolidates its special elections with
the City of Los Angeles municipal elections, the cost for each
election will be approximately seven hundred ninety-two thousand
dollars ($792,000), for a total cost of one million five hundred
eighty-four thousand dollars ($1,584,000). As a result, the total
savings for Los Angeles County to conduct two special elections
consolidated with two City of Los Angeles municipal elections will be
approximately three million one hundred two thousand dollars
($3,102,000).
   (6) The cost savings to Los Angeles County related to these
elections will enable the county to use these moneys to respond to
other demands on county services. Many of these other county services
are funded, in part, by contributions from the state. This act will
assist the county and the state to address their respective fiscal
problems as part of the 2007-08 Fourth Extraordinary Session declared
by the Governor to respond to the fiscal emergency in this state.
   (b) Notwithstanding Sections 10703 and 10704 of the Elections
Code, Los Angeles County shall conduct a special primary election on
March 3, 2009, and, if necessary, conduct a special election on May
19, 2009, to fill the vacancy in the office of State Senator for the
26th Senatorial District. Los Angeles County may consolidate its
special primary election and its special election with the City of
Los Angeles primary nominating election on March 3, 2009, and the
general municipal election on May 19, 2009.
  SEC. 2.  The Legislature finds and declares that due to unique
circumstances regarding the special election to fill the vacancy in
the office of State Senator for the 26th Senatorial District, a
general statute cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution. Therefore,
the special legislation contained in Section 1 of this act is
necessarily applicable only to those jurisdictions within the 26th
Senatorial District.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
   In order for the special election to fill the vacancy in the
office of State Senator for the 26th Senatorial District to be
consolidated with a local election occurring wholly or partially with
that district, it is necessary that this act take effect
immediately.