California Legislature—2013–14 Regular Session

Assembly BillNo. 331


Introduced by Assembly Member Garcia

February 13, 2013


An act to amend Sections 10403 and 10418 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 331, as introduced, Garcia. Consolidation of elections.

Under existing law, whenever two or more elections are called to be held on the same day, in the same territory, or in territory that is in part the same, the elections may be consolidated. If one of the elections to be consolidated is a statewide election or a specified local election, existing law requires the consolidated election to be held and conducted in accordance with the provisions of law regulating the statewide election.

This bill would additionally specify that whenever an election called by a district, city, or other political subdivision is consolidated with a county or statewide election, the consolidated election shall be conducted in accordance with the applicable procedures and practices of the county in which the election is consolidated, as determined by the county elections official, provided that the procedures and practices are not inconsistent with the provisions of law regulating the statewide or county election.

Under existing law, if an election called by a district, city, or other political subdivision is to be consolidated with a statewide election, as specified, the district, city, or other political subdivision must file with the board of supervisors and the county elections official a resolution of its governing board that, among other things, requests the consolidation.

This bill would require the resolution to acknowledge that the consolidated election will be conducted in accordance with the applicable procedures and practices of the county in which the election is consolidated, as determined by the county elections official.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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SECTION 1.  

Section 10403 of the Elections Code is amended
2to read:

3

10403.  

begin insert(a)end insertbegin insertend insert Whenever an election called by a district, citybegin insert,end insert or
4other political subdivision for the submission ofbegin delete anyend deletebegin insert aend insert question,
5proposition, or office to be filled is to be consolidated with a
6statewide election, and the question, proposition, or office to be
7filled is to appear upon the same ballot as that provided forbegin delete thatend delete
8begin insert theend insert statewide election, the district, city, or other political
9subdivision shall, at least 88 days prior to the date of the election,
10file with the board of supervisors, and a copy with the elections
11official, a resolution of its governing boardbegin delete requestingend deletebegin insert that does
12all of the following:end insert

13begin insert(1)end insertbegin insertend insertbegin insertRequests thatend insert thebegin delete consolidation, andend deletebegin insert district, city, or other
14political subdivision election be consolidated with the statewide
15election.end insert
begin delete settingend delete

16begin insert(2)end insertbegin insertend insertbegin insertSetsend insert forth the exact form ofbegin delete anyend deletebegin insert theend insert question, proposition,
17or office to be voted upon at the election, as it is to appear on the
18ballot. The question or proposition to appear on the ballot shall
19conform to this code governing the wording of propositions
20submitted to the voters at a statewide election.begin delete The resolutionend delete

begin insert

21(3) Acknowledges that the consolidated election will be
22conducted in the manner prescribed in Section 10418.

end insert

23begin insert(b)end insertbegin insertend insertbegin insertThe resolutionend insert requesting the consolidation shall be adopted
24and filed at the same time as the adoption of the ordinance,
25resolution, or order calling the election.begin delete Theend delete

26begin insert(c)end insertbegin insertend insertbegin insertTheend insert names of the candidates to appear upon the ballot where
27district, city, or other political subdivision offices are to be filled
28shall be filed with the county elections official no later than 81
29days prior to the election.

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SEC. 2.  

Section 10418 of the Elections Code is amended to
2read:

3

10418.  

begin insert(a)end insertbegin insertend insert Whenever an election is to be held on the same
4day as a statewide election, including a statewide special election,
5begin insert a county election,end insert or an election held pursuant to Section 1302 or
61303, the election may be consolidated with the statewidebegin insert or countyend insert
7 electionbegin insert, or the election held pursuant to Section 1302 or 1303,
8as applicableend insert
. If consolidated, the consolidated election shall be
9held and conducted, election officers appointed, voting precincts
10designated, candidates nominated, ballots printed, polls opened
11and closed, ballots counted and returned, returns canvassed, results
12declared, certificates of election issued, and all other proceedings
13incidental to and connected with the election shall be regulated
14and done in accordance with the provisions of law regulating the
15statewidebegin insert, county,end insert or regularly scheduled election.

begin insert

16(b) Whenever an election called by a district, city, or other
17political subdivision is consolidated with a county or statewide
18election, including a statewide special election, the consolidated
19election shall be conducted in accordance with the applicable
20procedures and practices of the county in which the election is
21consolidated, as determined by the county elections official,
22provided that the procedures and practices are not inconsistent
23with the provisions of law regulating the statewide or county
24election.

end insert

25begin insert(c)end insertbegin insertend insert The precincts used at the consolidated election shall be those
26used for the statewidebegin insert, county,end insert or regularly scheduled election and,
27where necessary, the county elections official may adjust precinct
28lines to coincide with the boundaries of the particular jurisdiction.



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