Amended in Senate May 21, 2014

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 amended, 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 four-year terms, 20 to begin every two years.

(2) The Assembly has a membership of 80 Members elected
for two-year terms.

(3) The term 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, a person may serve no more than
12 years in the Senate, the Assembly, or both, in any combination
of terms. This paragraph shall apply only to those Members of the
Senate or the Assembly who are first elected or appointed to the
Legislature after June 5, 2012, and who have not previously served
in the Senate or Assembly. Members of the Senate or Assembly
who were elected on or before June 5, 2012, may serve only the
number of terms allowed at the time of the last election before
June 5, 2012.

(b) Election of Members 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 Members of the
Assembly.

(c) A person is ineligible to be a Member 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 three years, immediately preceding
his or her election or appointment, and service of the full term of
office to which the person is seeking to be elected, or is to be
appointed, would not exceed the maximum years of service
permitted by paragraph (4) of subdivision (a).

(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.

(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.

(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.

(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.

(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 begin delete the end delete begin insert a end insert
statewide begin delete general end delete election begin delete immediately preceding the end of end delete begin insert held
in end insert the biennium of the regular session begin insert during which the vacancy
occurred end insert 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.