BILL ANALYSIS Ó
AB 93
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( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 93 (Lara)
As Amended March 14, 2011
2/3 vote. Urgency
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|ASSEMBLY: | |(February 22, |SENATE: |36-0 |(March 17, 2011) |
| | |2011) | | | |
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(vote not relevant)
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|COMMITTEE VOTE: |7-0 |(March 21, 2011) |RECOMMENDATION: |concur |
|(Elections) | | | | |
| | | | | |
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Original Committee Reference: Not Applicable
SUMMARY : Establishes an alternate procedure for the declaration of
election results for, and the installation of officers elected at,
the March 8, 2011, municipal election in the City of Bell.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Allow the City of Bell, in lieu of complying with specified
provisions of the Elections Code, to comply with the following
procedure with respect to its March 8, 2011, municipal election,
subject to the approval of the Los Angeles County Board of
Supervisors:
a) Requires the Bell City Clerk to certify the results of the
election to the Los Angeles County Board of Supervisors upon
completion of the canvass of the votes by the Los Angeles
County Registrar-Recorder/County Clerk;
b) Requires the Los Angeles County Board of Supervisors to
adopt a resolution reciting the fact of the election and
declaring the results of the election within seven days of the
Bell City Clerk's certification of the election results; and,
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c) Requires the Bell City Clerk to install the newly elected
officers at Bell City Hall within 48 hours of the time that
the Los Angeles County Board of Supervisors adopts the
resolution declaring the results of the election.
2)Add an urgency clause, allowing this bill to take effect
immediately upon enactment.
EXISTING LAW :
1)Requires the elections official who conducts a municipal election
to conduct the canvass of that election and to certify the
results of the election to the governing body upon completion of
the canvass.
2)Requires the city council, upon receipt from the city elections
official of a certification of election results for a municipal
election and before installing the new officers, to adopt a
resolution reciting the fact of the election. Requires the
governing body to declare elected the persons for whom the
highest number of votes was cast for each office, and to install
the newly elected officers.
AS PASSED BY THE ASSEMBLY , this bill expressed the intent of the
Legislature to enact statutory changes relating to the Budget Act
of 2011.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : According to the author, "Last fall, eight current and
former Bell officials were arrested and charged with various
crimes, including misappropriation of public funds and defrauding
taxpayers of roughly $5.5 million. Among those arrested were three
of four sitting City Council Members who, since the arrest, have
been charged in the corruption scandal. In February, at the
conclusion of the preliminary hearings, a Los Angeles Superior
Court judge ordered the three City Council Members to stay 100
yards from City Hall and prohibited them from engaging in any City
business. As a result of the court's order the City is currently
without a functioning City Council.
"On March 8, 2011, the City held a General Municipal Election,
Special Recall Election and Special Election to Fill a Vacancy.
Under the provisions of the City's Charter, the City Clerk is
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required to certify the canvass of the vote in any general or
special election. The City's Charter further requires that all
municipal elections are to be held, canvassed, and conducted, as
set forth in State law. In accordance with Sections 10262 and 10263
of the Elections Code, the City Clerk is required to certify the
results to the City Council, and once the canvass is complete, the
City Council is required to declare the results of the election and
install the newly elected council members.
"The court's order directly impacts the City's ability to certify,
declare the results and install the new City Council, following the
March 8, 2011 elections. Given the absence of a functioning City
Council and the statutory requirement that the City Council declare
the election results it is necessary for the legislature to provide
an alternative procedure for the certification, declaration, and
installation of the new city council."
As noted by the author above, last September, eight current and
former Bell city officials were arrested, including four of the
five sitting city council members at the time. At the time of the
arrests, a recall effort was underway against those four council
members. The recall against all four council members qualified for
the ballot, and the recall election was scheduled for March 8,
2011, to coincide with the city's general municipal election.
Although one of the council members who was the subject of the
recall subsequently resigned, the recall election nonetheless
proceeded against that official because he resigned after recall
petitions had been submitted for signature verification.
At the request of the City of Bell, the recall and general
municipal election was conducted by the Los Angeles County
Registrar-Recorder/County Clerk. Based on the semi-final official
election returns, each of the four council members was successfully
recalled, with over 95 percent of the vote cast in favor of each of
the four recalls.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of the bill were deleted. This bill,
as amended in the Senate is inconsistent with Assembly actions.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0000116
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