BILL ANALYSIS Ó
AB 254
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Date of Hearing: April 3, 2013
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
K.H. "Katcho" Achadjian, Chair
AB 254 (Dahle) - As Introduced: February 6, 2013
SUBJECT : Registrar of voters: County of Modoc.
SUMMARY : Authorizes the Modoc County Board of Supervisors to
appoint a registrar of voters separate from the county clerk.
Specifically, this bill :
1)Authorizes the Modoc County Board of Supervisors to appoint a
registrar of voters in the same manner as other county
officers are appointed.
2)States that the Modoc County clerk is not ex officio registrar
of voters, and requires the Modoc County registrar of voters
to discharge all duties vested by law in the county elections
official that relate to and are a part of the election
procedure.
3)Declares a special law is necessary because of Modoc County's
need to reorganize the structure and duties of county officers
to reduce costs and increase productivity within the county
government.
EXISTING LAW :
1)Authorizes the Counties of El Dorado, Imperial, Kings, Lake,
Marin, Merced, Monterey, Napa, Riverside, San Joaquin, Solano,
and Tulare to appoint a registrar of voters in the same manner
as other county officers are appointed.
2)States that the county clerk in those counties is not an ex
officio registrar of voters, and requires the registrar of
voters in those counties to discharge all duties vested by law
in the county elections official that relate to and are a part
of the election procedure.
FISCAL EFFECT : None
COMMENTS :
1)This bill allows the Modoc County Board of Supervisors to
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appoint a registrar of voters, rather than having that office
continue as an elected position. According to the author,
"AB 254 has come to light in response to a request from the
Chairman of the Modoc County Board of Supervisors. They would
like to have Modoc County added to the current list of
counties that are able to appoint a registrar of voters. This
will allow the small county to save money, consolidate
departments and prevent any conflict of interest (within the
elections office) that may arise." This bill is sponsored by
the Modoc County Board of Supervisors.
2)In most counties, the county clerk is an elected officer who
serves both as clerk of the board of supervisors and as
registrar of voters. However, state law authorizes
supervisors in 12 counties (El Dorado, Imperial, Kings, Lake,
Marin, Merced, Monterey, Napa, Riverside, San Joaquin, Solano,
and Tulare) to appoint a registrar of voters separate from the
county clerk.
3)The California Constitution allows a county to adopt a
voter-approved charter that provides for the consolidation and
separation of county officers and specifies the manner of
filling vacant county offices.
The Committee may wish to consider whether Modoc County voters
should directly decide through the adoption of a charter
whether the responsibility for Modoc County's elections should
be changed from an elected official to an appointed official.
4)The author and sponsor indicate this measure will help Modoc
County to increase efficiencies and save costs in
administering its elections department. Modoc County is one
of the most sparsely-populated counties in the state with a
population of 9,686 and has the lowest median household income
of any county in California, according to the 2010 census.
Its unemployment rate of 15.3 % for January is one of the
highest in the state, according to the Employment Development
Department. Like many local jurisdictions, Modoc County is
struggling financially and is deficit-spending. The county is
expected to approve an independent audit to account for recent
errors in employee paychecks, according to a February 22,
2013, news report. Although Modoc County illegally
transferred between
$14 and $29 million in restricted funds from county accounts to
support the Modoc Medical Center, the Attorney General
reported to the 2012-13 Modoc County Grand Jury that the
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diversion of monies "was deemed to be with good intentions"
and that no one benefited financially from the transfers,
which occurred over a multi-year period.
5)Support arguments : Supporters say giving Modoc County the
ability to reorganize its county officers and appoint a
registrar of voters will save the county money, make service
delivery more efficient, and prevent conflicts of interest in
the county's elections operations.
Opposition arguments : Opposition could argue that Modoc
County should become a charter county if it would like to
reorganize its county officers.
REGISTERED SUPPORT / OPPOSITION :
Support
Modoc County Board of Supervisors [SPONSOR]
Rural County Representatives of California
Opposition
None on file
Analysis Prepared by : Angela Mapp / L. GOV. / (916) 319-3958