BILL NUMBER: SB 1275	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 24, 2012

INTRODUCED BY   Senator Lieu
    (   Coauthor:   Senator   La Malfa
  ) 

                        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 amended, 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 126 days, but not more than
140 days, following the issuance of an election proclamation by the
Governor pursuant to Section 1773 of the Government Code, except that
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 ninth Tuesday or, if the ninth Tuesday is the day of
or the day following a state holiday, the 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 65 days before the primary election, shall be
left with the county elections official for examination not less than
53 days before the primary election, and shall be filed with the
Secretary of State not less than 53 days before the primary election.

   (b) A special primary election shall be held in the district in
which the vacancy occurred on the 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 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 10th Tuesday preceding the day of the special general
election.
   (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. 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   73  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. 
   (d) The sample ballot for a special election shall contain a
written explanation of the election procedure for voter-nominated
office as specified in subdivision (b) of Section 9083.5. Immediately
after the explanation shall be printed the following: "If one
candidate receives more than 50% of the votes cast at the special
primary election, he or she will be elected to fill the vacancy and
no special general election will be held."
   (e) On the ballot for a special election, immediately below the
instructions to voters, there shall be a box not less than one-half
inch high enclosed by a heavy-ruled line the same as the borderline.
This box shall be as long as there are columns for the ballot and
shall be set directly above these columns. Within the box shall be
printed the words "Voter-Nominated Office." Immediately below that
phrase within the same box shall be printed the following:
   "All voters, regardless of the party preference they disclosed
upon registration, or refusal to disclose a party preference, may
vote for any candidate for a voter-nominated office. The party
preference, if any, designated by a candidate is selected by the
candidate and is shown for the information of the voters only. It
does not imply that the candidate is nominated or endorsed by the
party or that the party approves of the candidate."
  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.