BILL NUMBER: AB 3070 CHAPTERED BILL TEXT CHAPTER 108 FILED WITH SECRETARY OF STATE JULY 10, 2008 APPROVED BY GOVERNOR JULY 10, 2008 PASSED THE SENATE JUNE 26, 2008 PASSED THE ASSEMBLY MAY 1, 2008 INTRODUCED BY Committee on Elections and Redistricting (Price (Chair), Adams (Vice Chair), Leno, Levine, Mendoza, and Saldana) MARCH 6, 2008 An act to amend Section 10704 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST AB 3070, Committee on Elections and Redistricting. Special primary election: vacancies. Existing law requires that a special primary election be held in the district in which the vacancy occurred on the 8th Tuesday or, if the 8th Tuesday is the day of or the day following a state holiday, the 9th Tuesday preceding the day of the special general election at which the vacancy is to be filled. This bill would also require that a special primary election be held in the district in which the vacancy occurred on the 9th Tuesday preceding the day of the special general election at which the vacancy is to be filled if specified conditions apply. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 10704 of the Elections Code is amended to read: 10704. (a) Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the eighth Tuesday or, if the eighth Tuesday is the day of or the day following a state holiday, the ninth Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 63 days before the primary election, shall be left with the county elections official for examination not less than 43 days before the primary election, and shall be filed with the Secretary of State not less than 39 days before the primary election. (b) A special primary election shall be held in the district in which the vacancy occurred on the ninth Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply: (1) The ninth Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000. (2) A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the ninth Tuesday preceding the day of the special general election. (c) Notwithstanding Section 3001, applications for absent voter ballots may be submitted not more than 25 days before the primary election, except that Section 3001 shall apply if the special election or special primary election is consolidated with a statewide election. Applications received by the elections official prior to the 25th day shall not be returned to the sender, but shall be held by the elections official and processed by him or her following the 25th day prior to the election in the same manner as if received at that time.