BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
SCA 16 (Steinberg) - Legislative Vacancies
Amended: As Introduced Policy Vote: E&CA 3-1
Urgency: No Mandate: No
Hearing Date: May 19, 2014 Consultant: Maureen Ortiz
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SCA 16 establishes a procedure by which the
Governor will fill a vacancy in either house of the Legislature
by appointment.
Fiscal Impact:
One-time ballot printing/mailing costs of approximately
$275,000 - $550,000 (General Fund)
Potential savings of several million dollars annually in
future years if approved by the voters (Local Fund)
The actual ballot costs could be higher or lower depending on
the length of the title, summary, text, LAO analysis, proponents
and opponents arguments, as well as the overall size of the
ballot pamphlet. The cost per page in the ballot pamphlet varies
from $55,000 to $66,000. Larger ballots generally result in
less printing and mailing costs per page. The average number of
pages per measure since 2008 is ten and the minimum per measure
has been five pages.
The enactment of this measure would result in millions of
dollars in savings to counties each year. The average cost of
holding a special election is $1 million, but varies depending
on the size of the county, and whether the election is
consolidated with an already scheduled statewide election.
According to the Secretary of State, since 1989 there have been
136 special primary and general elections held to fill vacant
seats in the Assembly, Senate and Congress in California; an
average of 5.6 per year. The costs of holding special elections
have forced many counties to redirect existing resources that
would have provided critical services to the communities as
these elections are unanticipated and not budgeted for on an
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annual basis, thereby imposing financial hardships on the
affected counties.
Background: Existing law provides the Governor with specific
appointing authority for certain otherwise elected positions.
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 is authorized to
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 takes office as if he or she had
been confirmed by a majority of the Senate and Assembly. If the
90-day period ends during a recess of the Legislature, the
period is extended until the sixth day following the day on
which the Legislature reconvenes.
The Governor is also authorized to appoint a person to fill a
vacancy on a county Board of Supervisors, or for a vacancy on
the California Supreme Court, the Court of Appeal, and the
California Superior Court.
However, when a vacancy occurs in the State Senate or Assembly,
the governor is currently required to issue a proclamation
calling for a special election within 14 calendar days of the
occurrence of the vacancy unless the vacancy occurs after the
close of the nomination period in the final year of the term of
that office.
Proposed Law: SCA 16, if approved by the voters, proposes that
when a vacancy occurs in the Legislature, the Governor shall
fill the vacancy by appointment within 21 days of the date of
vacancy as follows:
1) The individual being appointed must 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.
2) If the vacating member declined to disclose a political
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party preference at the time he or she was last elected,
the Governor may make an appointment regardless of party.
3) The house to which the appointment is made may reject
the appointment by a majority roll call vote within 21
days, as specified.
4) If the house rejects the appointment, the Governor will
make another appointment within 21 days.
5) If the appointment is not rejected, the individual will
take office immediately after the 21st day and will serve
until the end of that term.
6) In the case of a seat in the Senate, if the term does
not end in the same year as the end of the regular two year
session, a special election will be held on the date of the
statewide general election immediately preceding the end of
that session.
Staff Comments: Existing law requires any vacancy in a state
legislative or congressional office to be filled by a special
primary, and, if needed a special run-off election. All
expenses authorized and necessarily incurred in the preparation
for, and conduct of, these elections are paid from the county
treasuries, except that when an election is called by the
governing body of a city the expenses shall be paid from the
treasury of the city.
First implemented by AB 37 (Johnson), Chapter 39, Statutes of
1993, the state had reimbursed counties for the costs of special
elections held to fill vacancies in the Senate, Assembly, and
Congress from 1993 through 2007. Since 2008, there have been
numerous, but unsuccessful, legislative attempts to extend this
reimbursement provision.
The Los Angeles County Registrar-Recorder/County Clerk
administers numerous special vacancy elections a year at the
expense of the County. In 2013 alone, the County spent an
estimated $12 million to prepare for and conduct nine special
vacancy elections.
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