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.