BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON ELECTIONS 
                         AND CONSTITUTIONAL AMENDMENTS
                           Senator Lou Correa, Chair


          BILL NO:  SB 1275            HEARING DATE: 4/19/12
          AUTHOR:   LIEU               ANALYSIS BY:  Frances Tibon 
          Estoista
          AMENDED:  AS INTRODUCED 
          FISCAL:   YES
          
                                     SUBJECT
           
          Vacancies in office: special elections 
           
                                  DESCRIPTION  
          
           Existing law  requires the Governor to issue a proclamation 
          calling a special election within 14 calendar days of the 
          occurrence of a vacancy in a congressional or legislative 
          office.  If that vacancy occurs after the close of the 
          nomination period in the final year of the term of office, 
          the Governor may decline to call a special congressional 
          election and he is prohibited from calling a special 
          legislative election.
           
          Existing law  requires 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 days, 
          but not more than 126 days, following the issuance of an 
          election proclamation by the Governor, except that any 
          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.

           This bill  would instead require the Governor to schedule a 
          special election to fill a vacancy in an elected office at 
          least 126 days but not more than 140 days following the 
          issuance of the election proclamation.
           









          Existing law  provides that a special primary election shall 
          be held in the district in which the vacancy occurred on 
          the eighth Tuesday or, if the eighth Tuesday is the day of 
          or the day following a state holiday, the ninth 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 a specified manner, except 
          that nomination papers shall not be circulated more than 63 
          days before the primary election, shall be left with the 
          county elections official for examination not less than 43 
          days before the primary election, and shall be filed with 
          the Secretary of State not less than 39 days before the 
          primary election.

           This bill  would also make conforming changes to other 
          related sections of current law.

                                    BACKGROUND  
          
          In 2009 President Obama signed the Military and Overseas 
          Voter Empowerment (MOVE) Act, which requires that absentee 
          ballots must be sent at least 45 days before the election 
          to any Uniformed and Overseas Citizens Absentee Voting Act 
          voter who has submitted a request by that date.  Under 
          current law, after the Governor announces a special 
          election in the wake of a vacancy in a legislative or 
          congressional office, a special general election must be 
          held within 112-126 days.  Depending on when the Governor 
          calls the election, which must be within 14 days of the 
          vacancy, there can be very little time for elections 
          officials to prepare and candidates to file documents 
          before the primary election.

                                     COMMENTS  
          
           1.According to the author  , this bill gives elections 
            officials more time to ensure all the requirements are 
            met for military and overseas voters by changing the 
            window when a special general election can be held  from  
            112 to 126 days after the Governor's election 
            proclamation,  to  126 to 140 days after the Governor's 
            announcement.

            This bill also allows elections officials to mail out 
          SB 1275 (LIEU)                                         Page 
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            vote-by mail ballots 29 days before every election, 
            giving voters more time to consider the candidates and 
            issues on their ballot. 

                                    POSITIONS  

          Sponsor: Secretary of State

           Support: None received

           Oppose:  None received































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