BILL NUMBER: AB 331	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 10403 of the Elections Code is amended to read:

   10403.   (a)    Whenever an election called by a
district, city  ,  or other political subdivision for the
submission of  any   a  question,
proposition, or office to be filled is to be consolidated with a
statewide election, and the question, proposition, or office to be
filled is to appear upon the same ballot as that provided for
 that   the  statewide election, the
district, city, or other political subdivision shall, at least 88
days prior to the date of the election, file with the board of
supervisors, and a copy with the elections official, a resolution of
its governing board  requesting   that does all
of the following: 
    (1)     Requests that  the 
consolidation, and   district, city, or other political
subdivision election be consolidated with the statewide election.
  setting 
    (2)     Sets  forth the exact form of
 any  the  question, proposition, or office
to be voted upon at the election, as it is to appear on the ballot.
The question or proposition to appear on the ballot shall conform to
this code governing the wording of propositions submitted to the
voters at a statewide election.  The resolution 

   (3) Acknowledges that the consolidated election will be conducted
in the manner prescribed in Section 10418. 
    (b)     The resolution  requesting the
consolidation shall be adopted and filed at the same time as the
adoption of the ordinance, resolution, or order calling the election.
 The 
    (c)     The  names of the candidates
to appear upon the ballot where district, city, or other political
subdivision offices are to be filled shall be filed with the county
elections official no later than 81 days prior to the election.
  SEC. 2.  Section 10418 of the Elections Code is amended to read:
   10418.   (a)    Whenever an election is to be
held on the same day as a statewide election, including a statewide
special election,  a county election,  or an election held
pursuant to Section 1302 or 1303, the election may be consolidated
with the statewide  or county  election  , or the
election held   pursuant to Section 1302 or 1303, as
applicable  . If consolidated, the consolidated election shall
be held and conducted, election officers appointed, voting precincts
designated, candidates nominated, ballots printed, polls opened and
closed, ballots counted and returned, returns canvassed, results
declared, certificates of election issued, and all other proceedings
incidental to and connected with the election shall be regulated and
done in accordance with the provisions of law regulating the
statewide , county,  or regularly scheduled election. 
   (b) Whenever an election called by a district, city, or other
political subdivision is consolidated with a county or statewide
election, including a statewide special 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.

    (c)    The precincts used at the consolidated
election shall be those used for the statewide  , county, 
or regularly scheduled election and, where necessary, the county
elections official may adjust precinct lines to coincide with the
boundaries of the particular jurisdiction.