Senate Constitutional Amendment No. 16

Introduced by Senator Steinberg

February 20, 2014

Senate Constitutional Amendment No. 16—A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 2 of Article IV thereof, relating to the Legislature.

LEGISLATIVE COUNSEL’S DIGEST

SCA 16, as introduced, Steinberg. Members of the Legislature: vacancy.

The California Constitution requires the Governor to call an election to fill a vacancy occurring in either house of the Legislature.

This measure would instead require the Governor to fill a vacancy in either house of the Legislature by appointment within 21 days of the date of the vacancy, and would require that the appointee, at the time of the appointment and during the 12-month period immediately preceding the appointment, have the same political party preference as the vacating Member had when he or she was last elected to the Legislature. The measure would allow the house to which the appointment is made to reject the appointment, by a majority vote, within 21 days of the appointment, in which case the Governor would be required to make another appointment. If an appointment is not rejected, the appointee would be eligible to take office the day after the end of the 21-day period and would serve for the remainder of the term of the vacating Member, except as specified.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

Resolved by the Senate, the Assembly concurring, That the
Legislature of the State of California at its 2013-14 Regular
Session commencing on the third day of December 2012,
two-thirds of the membership of each house concurring, hereby
proposes to the people of the State of California that the
Constitution of the State be amended as follows:

  

That Section 2 of Article IV thereof is amended to read:

SEC. 2.  

(a) (1) The Senate has a membership of 40 Senators
elected for begin delete 4-year end delete begin insert four-year end insert terms, 20 to begin every begin delete 2 end delete begin insert two end insert years.

(2) The Assembly has a membership of 80 begin delete members end delete begin insert Members end insert
elected for begin delete 2-year end delete begin insert two-year end insert terms.

(3) The begin delete terms end delete begin insert term end insert of a Senator or a Member of the Assembly
shall commence on the first Monday in December next following
her or his election.

(4) During her or his lifetime begin insert , end insert a person may serve no more than
12 years in the Senate, the Assembly, or both, in any combination
of terms. This begin delete subdivision end delete begin insert paragraph end insert shall apply only to those
Members of the Senate or the Assembly who are first elected begin insert or
appointed end insert to the Legislature after begin delete the effective date of this
subdivision end delete begin insert June 5, 2012, end insert and who have not previously served in
the Senate or Assembly. Members of the Senate or Assembly who
were elected begin insert on or end insert before begin delete the effective date of this subdivision end delete
begin insert June 5, 2012, end insert may serve only the number of terms allowed at the
time of the last election before begin delete the effective date of this subdivision end delete
begin insert June 5, 2012 end insert .

(b) Election of begin delete members end delete begin insert Members end insert of the Assembly shall be on
the first Tuesday after the first Monday in November of
even-numbered years unless otherwise prescribed by the
Legislature. Senators shall be elected at the same time and places
as begin delete members end delete begin insert Members end insert of the Assembly.

(c) A person is ineligible to be a begin delete member end delete begin insert Member end insert of the
Legislature unless the person is an elector and has been a resident
of the legislative district for one year, and a citizen of the United
States and a resident of California for begin delete 3 end delete begin insert three end insert years, immediately
preceding begin delete the end delete begin insert his or her end insert election begin insert or appointment end insert , and service of
the full term of office to which the person is seeking to be elected begin insert ,
or is to be appointed, end insert would not exceed the maximum years of
service permitted by begin insert paragraph (4) of end insert subdivision (a) begin delete of this
section end delete .

begin delete

(d) When a vacancy occurs in the Legislature the Governor
immediately shall call an election to fill the vacancy.

end delete begin insert

(d) (1) (A) If a vacancy occurs in the Legislature, the Governor
shall fill the vacancy by appointment within 21 days of the date of
the vacancy.

end insert begin insert

(B) A person appointed pursuant to subparagraph (A) shall
have, at the time of the appointment and during the 12-month
period immediately preceding, the same political party preference
as the vacating Member had at the time he or she was last elected
to the Legislature. If the vacating Member declined to disclose a
political party preference at the time he or she was last elected to
the Legislature, the Governor may make an appointment regardless
of political party preference.

end insert begin insert

(2) Within 21 days of an appointment made pursuant to
paragraph (1), excluding any period during which the house is in
recess, the house to which the appointment is made may reject the
appointment by a rollcall vote entered in the journal, a majority
of the membership of the house concurring. If the house rejects
the appointment, the Governor shall make another appointment
within 21 days of the date of the rejection, subject to rejection by
the house pursuant to this paragraph.

end insert begin insert

(3) (A) If an appointment is not rejected pursuant to paragraph
(2), the appointee is eligible to take office on the day following the
21-day period provided for in paragraph (2) and, except as
provided in subparagraph (B), shall serve until the end of the term
of the office to which the appointee is appointed.

end insert begin insert

(B) In the case of a seat in the Senate, the term of which does
not end in the same year as the end of the biennium of the regular
session of the Legislature during which the vacancy occurred, the
appointee shall not serve the remainder of the unexpired term.
Instead, a special election shall be held on the date of the statewide
general election immediately preceding the end of the biennium
of the regular session to fill the remainder of the unexpired term,
provided that the election occurs not sooner after the date of the
vacancy than a period specified by statute. If a special election is
not held pursuant to this subparagraph, the appointee shall serve
the remainder of the unexpired term.

end insert