BILL NUMBER: SB 211 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 24, 2010
AMENDED IN ASSEMBLY SEPTEMBER 4, 2009
AMENDED IN ASSEMBLY JULY 1, 2009
AMENDED IN ASSEMBLY JUNE 8, 2009
AMENDED IN SENATE APRIL 14, 2009
AMENDED IN SENATE MARCH 26, 2009
INTRODUCED BY Senator Simitian
FEBRUARY 23, 2009
An act to amend Sections 3311, 10730, 10731, 10733, and 10734 of,
and to add Section 10735 to, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 211, as amended, Simitian. Elections: special elections.
Existing federal law requires a special election for the office of
Representative in Congress whenever the Speaker of the House of
Representatives announces that more than 100 vacancies exist in the
United States House of Representatives. Existing federal law requires
the special election to take place within 49 days of the Speaker
announcing the vacancy, unless a special or regular election to fill
the vacancy is was previously scheduled
and will take place within 75 days of the Speaker's announcement.
Existing federal law requires state elections officials, to the
extent practicable, to transmit absentee ballots for the special
election to uniformed services voters and overseas voters within 15
days of the Speaker's announcement. Those ballots must be returned to
the appropriate elections official within 45 days of transmittal of
the ballots by the elections official in order to be counted.
Existing California law requires the Governor to issue a
proclamation calling a special election for the office of
Representative in Congress within 7 calendar days of a catastrophe,
which is defined as an event that causes the vacancy of at least 1/4
of the total number of offices in the United States House of
Representatives, including any number of the offices representing
California, or at least 1/4 of the total number of offices
representing California. Existing California law requires that the
special election occur at least 56 days, but not more than 63 days,
following the issuance of the Governor's proclamation. Existing law
requires the ballots of uniformed services and overseas voters to be
returned to the appropriate elections official by 8 p.m. on the day
of a federal election in order to be counted.
This bill would conform California law to federal law. The bill
would require the Governor to call a special election for the office
of Representative in Congress whenever vacancies exist in the United
States House of Representatives totaling at least 101 in number, at
least one of which represents California. The bill would require that
the special election take place not later than 49 days after the
announcement of the vacancy by the Speaker of the House of
Representatives or the Governor calling the special election ,
unless a special or regular election to fill the vacancy was
previously scheduled and will take place within 75 days of the
Speaker's announcement . The bill would require elections
officials, to the greatest extent practicable, to deliver the ballots
of military services and overseas voters not later than 15 days
after the Speaker's announcemen t of the vacancy.
This bill would require that the ballots of uniformed services and
overseas voters for the special election be returned to the
appropriate elections officials within 45 days of the transmittal of
the ballots by the elections officials in order to be counted.
The bill would permit, with authorization from the Secretary of
State, the extension of canvassing, election announcement, and
election certification deadlines for the special election in order to
facilitate the tabulation and processing of uniformed services and
overseas voter ballots.
Because the bill would require a higher level of service from
local elections officials, it would impose a state-mandated local
program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3311 of the Elections Code is amended to read:
3311. Except as provided in Section 10735, all vote by mail
ballots cast pursuant to this chapter shall be received by the county
elections official not later than 8 p.m. on the day of a federal
election.
SEC. 2. Section 10730 of the Elections Code is amended to read:
10730. (a) This chapter provides the procedures for nomination
and election of candidates at a special election to fill vacancies in
the House of Representatives caused by a catastrophe.
(b) The procedures provided by Chapter 1 (commencing with Section
10700) shall apply to special elections to the extent those
provisions are not inconsistent with this chapter or Section 8 of
Title 2 of the United States Code.
SEC. 3. Section 10731 of the Elections Code is amended to read:
10731. For purposes of this chapter, the following terms have the
following meanings:
(a) "Catastrophe" means a natural or man-made event that causes a
vacancy in at least 101 of the offices of the United States House of
Representatives, including at least one of the offices representing
California, or at least one-fourth of the total number of offices
representing California.
(b) "Vacancy" means the death or disappearance, as a result of a
catastrophe, of a Representative in Congress.
(c) "Disappearance" means the inability to establish conclusively
whether a Representative in Congress has survived a catastrophe.
SEC. 4. Section 10733 of the Elections Code is amended to read:
10733. (a) In the event of a catastrophe that causes a
vacancy in at lea st 101 of the offices of the United
States House of Representatives, including at least one of the
offices representing California , a special election to fill a
vacancy in the office of Representative in Congress shall be
conducted on a Tuesday not more than 49 days following the
announcement of the vacancy by the Speaker of the United States House
of Representatives pursuant to subsection (b) of Section 8 of Title
2 of the United States Code. If the Speaker of the United
States House of Representatives does not announce the vacancy
Notwithstanding Section 10732, the Governor shall
issue a proclamation calling the special election within one day of
the Speaker of the United States House of Representatives announcing
the vacancy. In the event of a catastrophe that causes a vacancy in
at least one-fourth of the total offices of the United States House
of Representatives representing California but not a vacancy in at
least 101 of the offices of the United States House of
Representatives , the special election shall occur on a Tuesday
not more than 49 days following the issuance of an election
proclamation by the Governor pursuant to Section 10732 of
this code.
(b) The
(b) A special election may be conducted
within 75 days following the proclamation in order that the
special election may 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 percent of all the voters eligible to vote on
the vacancy and that the election occurs within the time set
forth in subdivision (a) .
(c) A special election to fill a vacancy caused by a catastrophe
that causes vacancies in at least 101 of the offices of the United
States House of Representatives pursuant to subdivision (a) shall not
be conducted if any of the following is scheduled to occur within 75
days of the Speaker of the United States House of Representatives
calling the vacancy:
(1) A regularly scheduled general election for the vacant office.
(2) A special election for the vacant office, conducted pursuant
to a proclamation issued by the Governor prior to the date on which
the Speaker of the United States House of Representatives announced
the vacancy.
SEC. 5. Section 10734 of the Elections Code is amended to read:
10734. (a) A special primary election shall not be held for a
special general election conducted pursuant to this chapter.
Candidates at the special general 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 46 days before the special general election,
shall be left with the county elections official for examination not
less than 32 39 days before the special
general election, and shall be filed with the Secretary of State not
less than 28 35 days before the
special general election.
(b) Notwithstanding Section 3001, applications for vote by mail
voter ballots may be submitted not more than 30 days before the
special general election. Applications received by the elections
official prior to the 30th day shall not be returned to the sender,
but shall be held by the elections official and processed by him or
her following the 30th day prior to the election in the same manner
as if received at that time.
SEC. 6. Section 10735 is added to the Elections Code, to read:
10735. A (a) (1)
In the case of a special election due to a
catastrophe that causes a vacancy in at least 101 offices of the of
the United States House of Representatives, the county elections
official shall, to the greatest extent practicable, deliver vote by
mail ballots requested pursuant to Chapter 4 (commencing with Section
3300) of Division 3 not later than 15 days after the date on which
the Speaker of the United States House of Representatives announces
the vacancy.
(2) In the case of a special election due to a catastrophe that
causes a vacancy in at least one-fourth of the total offices of the
United States House of Representatives representing California but
not a vacancy in at least 101 of the offices of the United States
House of Representatives, the county elections official shall, to the
greatest extent practicable, deliver vote by mail ballots requested
pursuant to Chapter 4 (commencing with Section 3300) of Division 3
not later than 15 days after the date on which the Governor issues
the proclamation calling the election to fill the vacancy.
(b) A vote by mail ballot cast
pursuant to Chapter 4 (commencing with Section 3300) of Division 3 in
a special general election conducted pursuant to this chapter
shall be postmarked not later than the date of the election,
shall be received by the county elections official not later than 45
days after the date on which the elections official transmitted the
ballot to the voter , and shall comply with all other relevant
requirements of this code .
(c) Notwithstanding any other provision of law, any deadlines
relating to canvassing, announcement of election results, or
certification of election results may be extended for a reasonable
period of time to facilitate the tabulating and processing of ballots
cast pursuant to Chapter 4 (commencing with Section 3300) of
Division 3. An extension of a deadline pursuant to this section must
be authorized by the Secretary of State.
SEC. 7. 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.