BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 1275
Author: Lieu (D), et al.
Amended: 4/24/12
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMM. : 5-0, 4/19/12
AYES: Correa, La Malfa, De León, Gaines, Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Vacancies in office: special elections
SOURCE : Secretary of State
DIGEST : This bill requires that a special general
election to fill a vacancy occurs at least 126 days, but
not more than 140 days, after the issuance of the election
proclamation. In addition, this bill requires that a
special primary election to fill a vacancy be conducted on
a Tuesday either nine or 10 weeks prior to the date of the
special general election, as specified. It also revises
the deadlines relating to the filing of nomination papers
for a candidate in a special primary election. Lastly, it
requires that an application for a vote by mail ballot in a
special election be made in the same manner as for a
regular election.
ANALYSIS : 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
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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% of all the
voters eligible to vote on the vacancy.
This bill instead requires 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 also makes conforming changes to other related
sections of current law.
Background
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In 2009, President Obama signed the Military and Overseas
Voter Empowerment 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 existing
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/9/12)
Secretary of State (source)
ARGUMENTS IN SUPPORT : According to the author's office,
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
vote-by mail ballots 29 days before every election, giving
voters more time to consider the candidates and issues on
their ballot.
DLW:kc 5/9/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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