BILL NUMBER: SB 1275 ENROLLED
BILL TEXT
PASSED THE SENATE MAY 14, 2012
PASSED THE ASSEMBLY AUGUST 16, 2012
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, 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.
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 9th Tuesday or, if the 9th 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 73 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.
(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.