BILL NUMBER: SB 1275 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Lieu
FEBRUARY 23, 2012
An act to amend Sections 10703 and 10704 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1275, as introduced, Lieu. Vacancies in office: special
elections.
Existing law requires the Governor to issue a proclamation calling
a special election to fill a vacancy in the office of Representative
in Congress or either house of the Legislature within 14 days of
when the vacancy occurs. Existing law requires that a special general
election be conducted to fill the vacancy on a Tuesday at least 112
days, but not more than 126 days, following the issuance of the
election proclamation. Existing law requires that a special primary
election be conducted on a Tuesday either 8 or 9 weeks prior to the
date of the special general election, as specified. Existing law
imposes deadlines relating to the filing of nomination papers for a
candidate in a special primary election, as specified. Existing law
also imposes deadlines for submitting an application for a vote by
mail ballot in a special election.
This bill would, instead, require that the special general
election occur at least 126 days, but not more than 140 days, after
the issuance of the election proclamation. In addition, this bill
would require that the special primary election be conducted on a
Tuesday either 9 or 10 weeks prior to the date of the special general
election, as specified. This bill would also revise the deadlines
relating to the filing of nomination papers for a candidate in a
special primary election. The bill would require that an application
for a vote by mail ballot in a special election be made in the same
manner as for a regular election.
By imposing new duties or higher levels of service on local
elections officials, this bill 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 10703 of the Elections Code is amended to read:
10703. (a) A special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of the
Assembly shall be conducted on a Tuesday at least 112
126 days, but not more than 126
140 days, following the issuance of an election
proclamation by the Governor pursuant to Section 1773 of the
Government Code, except that any the
special election may be conducted within 180 days following the
proclamation in order that the election or the primary 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.
(b) Except as provided in Chapter 3 (commencing with Section
10730), a special election or a primary election may not be conducted
on the day after a state holiday.
SEC. 2. 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 ninth Tuesday
or, if the eighth ninth Tuesday is the
day of or the day following a state holiday, the ninth
10th 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 65 days before the primary election,
shall be left with the county elections official for examination not
less than 43 53 days before the
primary election, and shall be filed with the Secretary of State not
less than 39 53 days before the primary
election.
(b) A special primary election shall be held in the district in
which the vacancy occurred on the ninth 10th
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 10th 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 10th Tuesday preceding
the day of the special general election.
(c) Notwithstanding Section 3001, applications for vote by mail
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.
(c) An application for a vote by mail ballot for a special
election shall be made and processed in the manner required by
Section 3001.
SEC. 3. 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.