BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 254
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          ASSEMBLY THIRD READING
          AB 254 (Dahle)
          As Introduced  February 6, 2013
          Majority vote 

           LOCAL GOVERNMENT    9-0                                         
           
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          |Ayes:|Achadjian, Levine, Alejo, |     |                          |
          |     |Bradford, Gordon,         |     |                          |
          |     |Melendez, Mullin,         |     |                          |
          |     |Waldron, Bonta            |     |                          |
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           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 an 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  








                                                                  AB 254
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            of the election procedure.

           FISCAL EFFECT  :  None

           COMMENTS  :  This bill allows the Modoc County Board of  
          Supervisors to 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.

          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.  
          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 Legislature 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.

          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  








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          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 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.

          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.

           
          Analysis Prepared by  :    Angela Mapp / L. GOV. / (916) 319-3958 


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