BILL NUMBER: AB 2550 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Member Roger Hernández
FEBRUARY 21, 2014
An act to amend Section 1410 Sections
1000, 1301, and 13112 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2550, as amended, Roger Hernández. Local referendum.
Election dates.
Existing law establishes election dates in each year, which are
the second Tuesday of April in each even-numbered year, the first
Tuesday after the first Monday in March of each odd-numbered year,
the first Tuesday after the first Monday in June in each year, and
the first Tuesday after the first Monday in November of each year.
Existing law requires all state, county, municipal, district, and
school district elections to be held on an established election date,
except for a special election called by the Governor, an election
held in a chartered city or chartered county, certain school district
elections, a local ballot measure or local recall election, and an
all-mailed ballot election.
This bill would eliminate the established election dates in March
and April, and would modify the established election date in June to
each even-numbered year instead of each year. The bill would provide
that these provisions may not be construed to shorten the term of
office of any officeholder, as specified, or as altering the date of
a runoff election provided for in the principal act of a district.
By increasing the duties of local elections officials, this bill
would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law requires an election for a county or municipal
referendum that qualifies, as specified, to be held at the
jurisdiction's next regular election occurring not less than 88 days
after the date of the order of election or at a special election
called for that purpose not less than 88 days after the date of the
order of election.
This bill would make a technical, nonsubstantive change to this
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1000 of the
Elections Code is amended to read:
1000. The established election dates in each year are as follows:
(a) The second Tuesday of April in each even-numbered year.
(b) The first Tuesday after the first Monday in March of each
odd-numbered year.
(c)
(a) The first Tuesday after the first Monday in June in
each even-numbered year.
(d)
(b) The first Tuesday after the first Monday in
November of each year.
SEC. 2. Section 1301 of the Elections
Code is amended to read:
1301. (a) Except as required by Section 57379 of the Government
Code, and except as provided in subdivision (b), a general municipal
election shall be held on an established election date pursuant to
Section 1000.
(b) (1) Notwithstanding subdivision (a), a
A city council may enact an ordinance, pursuant to Division 10
(commencing with Section 10000), requiring its general municipal
election to be held on the same day as the statewide direct primary
election, the day of the statewide general election, or on
the day of school district elections as set forth in Section 1302
, the first Tuesday after the first Monday of March in each
odd-numbered year, or the second Tuesday of April in each year
. Any ordinance adopted pursuant to this subdivision shall
become operative upon approval by the board of supervisors.
(2) In the event of consolidation, the general municipal election
shall be conducted in accordance with all applicable procedural
requirements of this code pertaining to that primary, general, or
school district election, and shall thereafter occur in consolidation
with that election.
(c) If a city adopts an ordinance described in subdivision (b),
the municipal election following the adoption of the ordinance and
each municipal election thereafter shall be conducted on the date
specified by the city council, in accordance with subdivision (b),
unless the ordinance in question is later repealed by the city
council.
(d) If the date of a general municipal election is changed
pursuant to subdivision (b), at least one election shall be held
before the ordinance, as approved by the board of supervisors, may be
subsequently repealed or amended.
SEC. 3. Section 13112 of the Elections
Code is amended to read:
13112. The Secretary of State shall conduct a drawing of the
letters of the alphabet, the result of which shall be known as a
randomized alphabet. The procedure shall be as follows:
(a) Each letter of the alphabet shall be written on a separate
slip of paper, each of which shall be folded and inserted into a
capsule. Each capsule shall be opaque and of uniform weight, color,
size, shape, and texture. The capsules shall be placed in a
container, which shall be shaken vigorously in order to mix the
capsules thoroughly. The container then shall be opened and the
capsules removed at random one at a time. As each is removed, it
shall be opened and the letter on the slip of paper read aloud and
written down. The resulting random order of letters constitutes the
randomized alphabet, which is to be used in the same manner as the
conventional alphabet in determining the order of all candidates in
all elections. For example, if two candidates with the surnames
Campbell and Carlson are running for the same office, their order on
the ballot will depend on the order in which the letters M and R were
drawn in the randomized alphabet drawing.
(b) (1) There shall be six three
drawings, three two in each
even-numbered year and three one in
each odd-numbered year. Each drawing shall be held at 11 a.m. on the
date specified in this subdivision. The results of each drawing shall
be mailed immediately to each county elections official responsible
for conducting an election to which the drawing is applicable, who
shall use it in determining the order on the ballot of the names of
the candidates for office.
(A) The first drawing under this subdivision shall take place on
the 82nd day before the April general law city elections of an
even-numbered year, and shall apply to those elections and any other
elections held at the same time.
(B)
(A) The second first
drawing under this subdivision shall take place on the 82nd day
before the direct primary of an
first Tuesday after the first Monday in June of each
even-numbered year, and shall apply to all candidates on the ballot
in that election.
(C)
(B) (i) The third second
drawing under this subdivision shall take place on the 82nd day
before the November general election of an even-numbered year, and
shall apply to all candidates on the ballot in the November general
election.
(ii) In the case of the primary election and the November general
election, the Secretary of State shall certify and transmit to each
county elections official the order in which the names of federal and
state candidates, with the exception of candidates for State Senate
and Assembly, shall appear on the ballot. The elections official
shall determine the order on the ballot of all other candidates using
the appropriate randomized alphabet for that purpose.
(D) The fourth drawing under this subdivision shall take place on
the 82nd day before the March general law city elections of each
odd-numbered year, and shall apply to those elections and any other
elections held at the same time.
(E) The fifth drawing under this subdivision shall take place on
the 82nd day before the first Tuesday after the first Monday in June
of each odd-numbered year, and shall apply to all candidates on the
ballot in the elections held on that date.
(F)
(C) The sixth third
drawing under this subdivision shall take place on the 82nd day
before the first Tuesday after the first Monday in November of the
odd-numbered year, and shall apply to all candidates on the ballot in
the elections held on that date.
(2) In the event there is to be an election of candidates to a
special district, school district, charter city, or other local
government body at the same time as one of the five
three major election dates specified in
subparagraphs (A) to (F), (C),
inclusive, and the last possible day to file nomination papers for
the local election would occur after the date of the drawing for the
major election date, the procedure set forth in Section 13113 shall
apply.
(c) Each randomized alphabet drawing shall be open to the public.
At least 10 days prior to a drawing, the Secretary of State shall
notify the news media and other interested parties of the date, time,
and place of the drawing. The president of each statewide
association of local officials with responsibilities for conducting
elections shall be invited by the Secretary of State to attend each
drawing or send a representative. The state chairman of each
qualified political party shall be invited to attend or send a
representative in the case of drawings held to determine the order of
candidates on the primary election ballot, the November general
election ballot, or a special election ballot as provided for in
subdivision (d).
(d) In the case of any special election for State Assembly, State
Senate, or Representative in Congress, on the first weekday after the
close of filing of nomination papers for the office, the Secretary
of State shall conduct a public drawing to produce a randomized
alphabet in the same manner as provided for in subdivisions (a) and
(c). The resulting randomized alphabet shall be used for determining
the order on the ballot of the candidates in both the primary
election for the special election and in the special election.
SEC. 4. (a) This act shall not be construed to
alter the date of a runoff election provided for in the principal act
of a district.
(b) This act shall not be construed to shorten the term of office
of any officeholder in office on the effective date of this act. For
each office for which this act causes the election to be held at a
later date than would have been the case in the absence of this act,
the incumbent shall hold office until a successor qualifies for the
office, but in no event shall the term of an incumbent be extended by
more than four years.
(c) No later than 30 days after the effective date of this act,
each county elections official shall cause a notice to be mailed to
all registered voters in his or her jurisdiction informing the voters
of the change in each election date. The notice shall also inform
the voters whether, as a result of the change in the election date,
an incumbent's term of office will be extended.
SEC. 5. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 1410 of the Elections Code
is amended to read:
1410. The election for a county or municipal referendum that
qualifies under Section 9144 or 9237 shall be held at the
jurisdiction's next regular election occurring not less than 88 days
after the date of the order of election or at a special election
called for that purpose not less than 88 days after the date of the
order of election.