BILL ANALYSIS Ó
AB 1311
Page 1
ASSEMBLY THIRD READING
AB 1311 (Bradford)
As Amended March 21, 2013
Majority vote
ELECTIONS 5-1
-----------------------------------------------------------------
|Ayes:|Fong, Bocanegra, Bonta, | | |
| |Hall, Weber | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Donnelly | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Establishes a process for filling a vacancy in an
office that occurs after a recall petition has been filed
against the vacating officer. Specifically, this bill :
1)Requires the elections official or officials to verify the
signatures on the recall petition that have been submitted as
of the date of the vacancy.
2)Provides that if a sufficient number of signatures have been
filed for the recall to qualify as of the date of the vacancy,
the recall election shall proceed.
3)Provides that if an insufficient number of signatures or no
signatures were filed for the recall to qualify as of the date
of the vacancy, the recall shall not proceed and the vacancy
shall be filled as provided by law.
4)Provides that a person who is the subject of a recall petition
may not be appointed to fill the vacancy in the office that he
or she vacated nor shall that person be appointed to fill any
other vacancy in office on the same governing board for the
duration of the term of office of the seat that he or she
vacated.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Questions have arisen of
AB 1311
Page 2
how current law would be interpreted regarding the timing of a
vacancy in an office subject to a recall. Specifically,
concerns have been raised over 'musical chairs' gamesmanship,
where someone might resign to avoid a recall moving forward then
get appointed to another vacancy on the same governing body.
Current law provides that if an elected official resigns after a
recall petition is filed with the county elections official, the
entire recall process, including the requirement that an
election be held, must proceed. . . . AB 1311 addresses this
conflict by clarifying the process to be followed when the
elected official resigns after recall petitions have been filed
with a county elections office."
AB 2088 (Adams) of 2010 was substantially similar to this
measure except that AB 2088 would have clarified a conflict
regarding the number of signatures that need to be verified
using a random sampling technique when recall petitions are
filed. AB 2088 was vetoed by Governor Schwarzenegger. In his
veto message, Governor Schwarzenegger said that "this bill would
limit an important power of direct democracy by limiting voters'
ability to recall an elected official and elect a replacement.
Unfortunately recall efforts can become punitive rather than a
constructive effort to replace an officeholder; however, the
recall process as a whole is an important component of the
people's right to directly change their government. Under the
provisions of this bill, an official subject to a recall could
resign and allow a successor to take their place. This limits
the ability of the voters to select the replacement through a
recall election."
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094
FN: 0000466