BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 211
          Author:   Simitian (D), et al
          Amended:  8/2/10
          Vote:     21

           
          PRIOR SENATE VOTES NOT RELEVANT

           ASSEMBLY FLOOR  : 50-25, 06/24/10 - See last page for vote


           SUBJECT  :    Elections

           SOURCE  :     Author


           DIGEST  :     Assembly Amendments  delete the Senate version of  
          the bill relating to the County of Santa Cruz.

          This bill now revises procedures for holding special  
          elections to fill vacancies in the California congressional  
          delegation when a large number of vacancies occur in  
          Congress.

           ANALYSIS  :    AB 2760 (Simitian), Chapter 658, Statutes of  
          2002, which was enacted in response to the September 11,  
          2001 terrorist attacks, established procedures for  
          expedited special elections to fill vacancies in  
          congressional offices caused by a natural or man-made  
          catastrophe.  Under the provisions of AB 2760, if at least  
          one-fourth of the seats in the U.S. House of  
          Representatives or at least one-fourth of the seats in the  
          California congressional delegation became vacant due to a  
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          natural or man-made catastrophe, the Governor must issue an  
          election proclamation to schedule a special election for  
          any vacant seat in the California congressional delegation  
          within seven days, and any such special election must be  
          held not later than 63 days after the issuance of the  
          proclamation.  Under these circumstances, no special  
          primary election is held; the special election is a  
          winner-take-all election in which the candidate who  
          receives the plurality of votes is elected, regardless of  
          the percentage of the vote that candidate receives.

          Subsequent to California's approval of AB 2760, the federal  
          government enacted the Continuity in Representation Act as  
          part of the Legislative Branch Appropriations Act, 2006  
          (H.R. 2985 of the 109th Congress).  The provisions of the  
          Continuity in Representation Act were similar to the  
          provisions of AB 2760, but differed on a few key details.   
          For instance, while the expedited special election process  
          is triggered under AB 2760 when one-fourth of the seats in  
          the U.S. House of Representatives become vacant (109 seats  
          in the current 435-seat House), the Continuity in  
          Representation Act requires expedited special elections to  
          be held whenever more than 100 seats become vacant.   
          Additionally, while AB 2760 allows an expedited special  
          election to be held up to 70 days after a catastrophe  
          occurs (seven days for the Governor to issue an election  
          proclamation, and up to an additional 63 days from that  
          time until the election), the Continuity in Representation  
          Act requires special elections to be held within 49 days,  
          except in certain limited circumstances.  This bill makes  
          numerous changes to the provisions of state law that were  
          originally enacted by AB 2760 in order to conform to the  
          Continuity in Representation Act.

          This bill:

          1.Reduces, from one-fourth of the seats to 101 seats, the  
            number of vacancies that must occur in the U.S. House of  
            Representatives to trigger an expedited special election  
            schedule for filling any vacancy in the California  
            congressional delegation.

          2.Provides that if an expedited special election schedule  
            is triggered due to vacancies in at least 101 seats in  

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            the U.S. House of Representatives, the special elections  
            to fill those vacancies shall be held within 49 days  
            following the announcement of the vacancy by the Speaker  
            of the U.S. House of Representatives.  Requires the  
            Governor to issue a proclamation calling the election  
            within one day of the announcement of the vacancy by the  
            Speaker.  Provides that no special election shall be  
            conducted in these circumstances if either of the  
            following is scheduled to occur within 75 days of the  
            date of the announcement of the vacancy by the Speaker:

             A.    A regularly scheduled general election for the  
                vacant office; or

             B.    A special election for the vacant office,  
                conducted pursuant to a proclamation issued by the  
                Governor prior to the date on which the Speaker  
                announced the vacancy.

          3.Provides that if an expedited special election schedule  
            is triggered due to vacancies in at least one-fourth of  
            the California Congressional delegation, but less than  
            101 members of the U.S. House of Representatives, the  
            special elections to fill those vacancies shall be held  
            on a Tuesday not more than 49 days following the issuance  
            of an election proclamation by the Governor.  Permits a  
            special election held under these circumstances to 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.

          4.Makes minor adjustments to the deadlines for a candidate  
            to file for office and for a voter to request a  
            vote-by-mail ballot for a special election held under an  
            expedited schedule as described above.

          5.Allows a VBM ballot cast by a U.S. citizen who is  
            residing overseas to be counted if it arrives up to 45  
            days after the date on which the election official  

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            transmitted the ballot to the voter, instead of by the  
            close of the polls on election day.  Allows the Secretary  
            of State to extend deadlines relating to canvassing and  
            announcement of election results as necessary to ensure  
            that VBM ballots cast by U.S. citizens who are residing  
            overseas are counted.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          According to the Assembly Appropriations Committee, an  
          event triggering the need for a special expedited election  
          is very unlikely to occur, and the provisions of this bill,  
          by reducing certain timeframes in current state law (to  
          conform with the federal law) regarding the conduct of such  
          an election, would increase costs to local elections  
          officials by an incremental amount.  The additional cost is  
          unknown, but if only $3,000 per county, on average, would  
          exceed $150,000.


           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Arambula, Beall, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Charles  
            Calderon, Carter, Chesbro, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Fuentes, Furutani,  
            Galgiani, Gatto, Hall, Hayashi, Hernandez, Hill, Huber,  
            Huffman, Jones, Lieu, Bonnie Lowenthal, Ma, Mendoza,  
            Monning, Nava, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Skinner, Solorio, Swanson, Torlakson,  
            Torres, Torrico, Yamada, John A. Perez
          NOES:  Adams, Anderson, Bill Berryhill, Blakeslee, Cook,  
            DeVore, Fletcher, Gaines, Garrick, Gilmore, Hagman,  
            Harkey, Jeffries, Knight, Logue, Miller, Nestande,  
            Niello, Nielsen, Norby, Silva, Smyth, Audra Strickland,  
            Tran, Villines
          NO VOTE RECORDED:  Bass, Tom Berryhill, Conway, Fuller,  
            Vacancy


          DLW:cm  8/17/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED


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