BILL ANALYSIS Ó SENATE COMMITTEE ON ELECTIONS AND CONSTITUTIONAL AMENDMENTS Senator Norma J. Torres, Chair BILL NO: SCA 16 HEARING DATE: 4/22/14 AUTHOR: STEINBERG ANALYSIS BY: Frances Tibon Estoista AMENDED: AS INTRODUCED FISCAL: YES SUBJECT Members of the Legislature: vacancy DESCRIPTION Existing law vests the Governor with specific appointing authority. Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes. Existing law provides that whenever a vacancy occurs in a county board of supervisors, the Governor shall fill the vacancy. The appointee shall hold office until the election and qualification of his or her successor. Existing law per the California Constitution, allows the Governor to appoint or nominate a person to fill a vacancy on the California Supreme Court, the court of appeal, as well as to the California Superior Court, provided the individual is confirmed by the Commission on Judicial Appointments. Existing law , per the California Constitution, requires the Governor to call an election to fill a vacancy occurring in either house of the Legislature. Existing law provides for all of the following regarding special elections called by the Governor to fill a legislative vacancy: The Governor must issue a proclamation calling a special election within 14 calendar days of the occurrence of a vacancy in a legislative office, unless that vacancy occurs after the close of the nomination period in the final year of the term of office. When a vacancy occurs in a legislative office after the close of the nomination period in the final year of the term of office, no special election may be held. A special general election to fill a vacancy in a legislative office must be conducted on a Tuesday that is at least 126 days, but not more than 140 days, following the issuance of a proclamation by the Governor calling that special election. A special general election may be conducted within 180 days following the issuance of a proclamation so that the election or the primary election may be consolidated with the next regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy. A special primary election must be held in the district in which the vacancy occurred on the ninth Tuesday prior to the special general election. If the ninth Tuesday prior to the special general election is the day of, or the day after a state holiday, the special primary election shall be held on the tenth Tuesday prior to the special general election. All candidates are listed on one ballot and if any candidate receives a majority of all votes cast in the special primary election, he or she shall be declared elected, and no special general election is held. If only one candidate qualifies to have his or her name printed on the special general election ballot, that candidate shall be declared elected, and no special general election is held. This constitutional amendment instead proposes that when a vacancy occurs in the Legislature, the Governor shall fill the vacancy by appointment within 21 days of the date of the SCA 16 (STEINBERG) Page 2 vacancy. This constitutional amendment specifically provides for all of the following: A person appointed 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. Within 21 days of an appointment, 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. If an appointment is not rejected, the appointee is eligible to take office on the day following the 21-day (rejection) period, and serve until the end of the term of the office to which the appointee is appointed. 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 is to 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 law. If a special election is not held, the appointee shall serve the remainder of the unexpired term. This constitutional amendment makes other clarifying and grammatical changes. BACKGROUND Over the years the California Legislature has had to grapple SCA 16 (STEINBERG) Page 3 with a proliferation of special elections. Since 2010, there have been a total of 18 separate vacancies in the California Legislature resulting in 24 special elections, not including those that were consolidated into regular scheduled primary or general elections. Special elections are generally unexpected; therefore, counties cannot forecast the cost in their budgets. For example, in 14 special elections for state legislative seats dating back to 2008, Los Angeles County spent more than $20 million to fill vacancies. The price tag of special elections is more concerning when factored with low voter turnout. The average turnout for special elections for state legislative vacancies hovers around 15 percent. As seen from practice, a special election tends to lead to another special election. Seven of the last eleven special elections for state legislative seats have been called when a legislator was elected to another office. COMMENTS 1. According to the Author : SCA 16 saves local taxpayer dollars, reduces the time constituencies are unrepresented, and improves voter turnout for unscheduled vacancies. The Governor currently appoints replacements for vacancies in either United States Senate seat and of constitutional offices until the next statewide election. SCA 16 expands on that power to include vacancies in either house of the State Legislature. Currently, the governor must call a special election to fill those vacancies. SCA 16 ensures that the democratically elected governor and members of the Legislature agree on the governor's appointment to fill the vacancy until the next statewide election, protecting the right of every Californian to elect their representative. 2. Staff Comments . Under this measure if the applicable house of the Legislature continually rejects the Governor's appointees, the vacancy could last until the next regularly scheduled election for that seat. This measure also provides that a Senate vacancy occurring in the first two-years of the vacated term will force a special election to be consolidated with the statewide general SCA 16 (STEINBERG) Page 4 election. It is unclear if a special primary election and special general election are to be held, or if the vacancy is to be filled in a single election. 3. Related Legislation : SB 963 (Torres) and SB 942 (Vidak) introduced this year, are county reimbursement bills for the conduct of special elections. Both bills are on the Senate Appropriations Suspense calendar. AB 2273 (Ridley-Thomas) is identical to SB 963 above, and is currently on the Assembly Appropriations Suspense file. SB 519 (Emmerson) of 2013, SB 106 (Blakeslee) and SB 141 (Price) both of 2011 and SB 994 (Price) of 2010 all dealt with county reimbursement for special vacancy elections, and all were held on the Senate Appropriation Suspense file. AB 496 (Davis) of 2010, mirrored language in SB 994 (Price), and was held in Senate Appropriations Committee. AB 1769 (Tran) of 2010, also similar to SB 963, was held in Assembly Appropriations Committee. First implemented by AB 37 (Johnson), Chapter 39, Statutes of 1993, the state reimbursed counties for the costs of special elections held to fill vacancies in the Assembly, Senate, and Congress from 1993 through 2007. Since 2008, there have been numerous, but unsuccessful, legislative attempts to extend this reimbursement provision. POSITIONS Sponsor: Author Support: None received Oppose: California Taxpayers Association Urban Counties Caucus SCA 16 (STEINBERG) Page 5