BILL ANALYSIS
AB 1294
Page 1
ASSEMBLY THIRD READING
AB 1294 (Mullin)
As Amended April 25, 2007
Majority vote
ELECTIONS 5-2 APPROPRIATIONS 11-5
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|Ayes:|Price, Leno, De Leon, |Ayes:|Leno, Caballero, Davis, |
| |Mendoza, Saldana | |DeSaulnier, Huffman, |
| | | |Karnette, Krekorian, |
| | | |De La Torre, Ma, Nava, |
| | | |Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Adams, Niello |Nays:|Walters, Emmerson, La |
| | | |Malfa, Nakanishi, Sharon |
| | | |Runner |
| | | | |
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SUMMARY : Permits any city or county to conduct a local election
using ranked voting (RV). Specifically, this bill :
1)Defines "ranked voting" as an election method in which voters
rank the candidates for office in order of preference, and the
ballots are counted in rounds. In the case of a single-winner
election, also known as "instant run-off voting" (IRV), these
rounds simulate a series of runoffs until only two candidates
remain, with the candidate having the greater number of votes
being declared the winner. In the case of a multiple-winner
election, also known as "choice voting" (CV), these rounds
fill all seats to be elected.
2)Allows any city or county to conduct a local election using
RV. Provides that RV may be adopted for use in local
elections by approval of a ballot measure submitted to the
voters by the governing body, by an initiative measure, or by
a charter amendment.
3)Requires any city or county that uses RV to conduct a voter
education and outreach campaign to familiarize voters with RV.
4)Prohibits the use of RV unless the election is conducted on a
voting system approved by the Secretary of State (SOS).
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5)Provides a methodology for counting ballots and determining
the winning candidate(s) for IRV and CV elections,
respectively.
EXISTING LAW does not allow a district, a general law city, or a
general law county to conduct local elections using RV.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
1)Any costs to cities and counties would be nonreimbursable, as
this bill is permissible.
2)Costs to the SOS to certify any voting systems to be used in
RV elections would be about $115,000 per system.
COMMENTS : According to the author, "Despite growing public
interest in using ranked voting systems such as [IRV], most
local jurisdictions are not able to use [RV] systems under
current law. Today only charter counties or charter cities can
use [RV], but over three-fourths of cities and counties - and
nearly all districts - are general law jurisdictions and don't
have these options. Over half of all Californians live in a
general law city, a general law county, or both, and are
currently denied the opportunity to benefit from these better
voting systems. Instant Runoff Voting (IRV) ensures that the
winner on a single-winner election has the support of the
majority of voters in a single election. By eliminating the
need for a costly runoff election it saves local governments a
lot of money-about $2 million per election in San Francisco
alone. IRV also eliminates vote-splitting and spoiler effects,
both of which undermine the public's confidence in the political
process. Numerous other general law cities and counties are
exploring using ranked voting methods, and the Legislature
should allow these cities the flexibility they need to serve
their voters. Cities and counties deserve the opportunity to
use the electoral systems that best address their unique needs."
Proposition A, a charter amendment approved by the voters of the
City and County of San Francisco at the March 5, 2002, statewide
primary election, requires elections for the offices of Mayor,
City Attorney, District Attorney, Public Defender, Sheriff,
Assessor-Recorder, Treasurer, and Board of Supervisors to be
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conducted by IRV. Prior to the approval of that ballot measure,
San Francisco held the first round of its local elections in
November, with a runoff election (if necessary) about a month
later. Turnout at a runoff elections typically was much lower
than the turnout at the first round of that election. Since the
approval of Proposition A, San Francisco has conducted three
elections using IRV (November 2004, November 2005, and November
2006). San Francisco has not yet conducted a mayoral election
using IRV, though it is scheduled to do so in November of this
year. Thus far, San Francisco is the only governmental body
within the state to have conducted an election using IRV.
There are no voting systems currently certified for use in
California that have the capability to tabulate ballots cast in
an IRV or CV election. The voting system used in San Francisco
for its elections conducted using RV was first conditionally
approved by the SOS for use in San Francisco's elections on
April 30, 2004, which permitted San Francisco to use the system
on a one-time basis for the November 2004 General Election.
After receiving reports on the system's performance in that
election at a public hearing on February 17, 2005, the SOS
conditionally recertified the system for use from March 7, 2005,
until December 31, 2005, only in the City and County of San
Francisco. On August 3, 2006, the SOS received an application
requesting a one-time, final approval of the system for use in
the November 2006 General Election. That application was
approved, under the condition that the system not be used again
for any election in California. As a result, while San
Francisco has been able to conduct elections using IRV, it is
currently in negotiations with a new vendor to provide a voting
system that has the capability to tabulate ballots cast in an
IRV election. Unless the SOS once again provides a "one-time"
recertification of the system previously used by San Francisco,
San Francisco will be unable to conduct future elections using
IRV unless the state certifies a new voting system that is able
to conduct IRV elections.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
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