SB 279,
as amended, Hancock. begin deleteElections: ballots. end deletebegin insertSan Francisco Bay Restoration Authority.end insert
Existing law establishes the San Francisco Bay Restoration Authority to raise and allocate resources for the restoration, enhancement, protection, and enjoyment of wetlands and wildlife habitat in the San Francisco Bay and along its shoreline. Existing law authorizes the authority to levy a benefit assessment, special tax, or property-related fee consistent with the California Constitution, as specified. Existing law requires the board of supervisors of each affected county, when the authority proposes a measure to levy a benefit assessment, special tax, or property-related fee for submission to the voters, to call a special election on the measure and place the measure on the ballot of the next regularly scheduled statewide election.
end insertbegin insertThis bill would specify that a measure proposed by the authority must be submitted to the voters of the authority in accordance with the provisions of the Elections Code applicable to districts. This bill would require the authority to file with the board of supervisors of each affected county a resolution requesting consolidation. This bill would require the legal counsel for the authority to prepare, subject to review and revision by a specified county counsel, an impartial analysis of the measure. This bill would require the elections officials of those affected counties to mutually agree to use the same letter designation for the measure and would require the measure to appear on the ballot before all county, city, and other local measures.
end insertbegin insertBy imposing new duties or higher levels of service on local elections officials, this bill would impose a state-mandated local program.
end insertbegin insertThe 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.
end insertbegin insertThis 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.
end insertExisting law sets forth the order of precedence of offices and measures on the ballot and, among other things, requires that the office of Superintendent of Public Instruction always precedes any school, city, or county office and that state ballot measures always precede local ballot measures.
end deleteThis bill would make technical, nonsubstantive changes to this provision of law.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: begin deleteno end deletebegin insertyesend insert.
The people of the State of California do enact as follows:
begin insertSection 66704.05 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert
(a) begin deleteWhen end deletebegin insertIf end insertthe authority proposes to levy abegin insert benefit
4assessment,end insert special taxbegin insert, or property-related feeend insert pursuant to
5subdivision (a) of Section 66704, the board of supervisors of the
6county or counties in which thebegin delete special taxend deletebegin insert assessment, tax, or feeend insert
7
is proposed to be levied shall call a special election on the measure.
8The special election shall be consolidated with the next regularly
9scheduled statewide election and the measure shall be submitted
10to the voters in the appropriate counties, consistent with the
11requirements of Article XIII C or XIII D of the California
12Constitution, as applicable.
13(b) The authority is a district for purposes of the Elections Code.
14Except as otherwise provided in this section, a measure proposed
15by the authority that requires voter approval shall be submitted
P3 1to the voters of the authority in accordance with the provisions of
2the Elections Code applicable to districts.
3(c) The authority shall file with the board of supervisors of each
4county in which the measure shall appear on the ballot a resolution
5of the authority requesting consolidation, and setting forth the
6exact form of the ballot question, in accordance with Section 10403
7of the Elections Code.
8(d) The authority shall transmit a copy of the measure to the
9legal counsel for the authority, who shall prepare, subject to review
10and revision by the county counsel of the county that contains the
11largest number of registered voters of the authority, an impartial
12analysis of the
measure in accordance with Section 9313 of the
13Elections Code. If there is no legal counsel for the authority, the
14authority shall transmit a copy of the measure to the county counsel
15of the county that contains the largest number of registered voters
16of the authority and the county counsel shall prepare the impartial
17analysis.
18(b)
end delete
19begin insert(e)end insert Each county included in the measure shall use thebegin insert exactend insert
20 ballot question,begin delete title and summary,end deletebegin insert
impartial analysis,end insert and ballot
21language providedbegin delete in the resolution ofend deletebegin insert
byend insert the authority.begin insert If two or
22more counties included in the measure are required to prepare a
23translation of ballot materials into the same language other than
24English, the county that contains the largest number of registered
25voters shall prepare the translation and that translation shall be
26used by the other county or counties, as applicable.end insert
27(f) Notwithstanding Section 13116 of the Elections Code, if a
28measure proposed by the authority pursuant to this article is
29submitted to the voters of the authority in two or more counties,
30the elections officials of those counties shall mutually agree to use
31the same letter designation for the measure and the measure shall
32appear on the ballot before all county, city, and
other local
33measures.
34(c)
end delete
35begin insert(g)end insert The county clerk of each county shall report the results of
36the special election to the authority.
37(h) If a voter files a petition for a writ of mandate or an
38injunction regarding a measure proposed by the authority, venue
39for the proceeding shall be exclusively in the county that contains
40the largest number of registered voters of the authority.
If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.
Section 13109 of the Elections Code is amended
7to read:
The order of precedence of offices on the ballot shall
9be as listed below for those offices and measures that apply to the
10election for which this ballot is provided. Beginning in the column
11to the left:
12(a) Under the heading, PRESIDENT AND VICE PRESIDENT:
13Nominees of the qualified political parties and independent
14nominees for President and Vice President.
15(b) Under the heading, PRESIDENT OF THE UNITED
16STATES:
17(1) Names of the presidential candidates to whom the delegates
18are pledged.
19(2) Names of the chairpersons of unpledged delegations.
20(c) Under the heading, STATE:
21(1) Governor.
22(2) Lieutenant Governor.
23(3) Secretary of State.
24(4) Controller.
25(5) Treasurer.
26(6) Attorney General.
27(7) Insurance Commissioner.
28(8) Member, State Board of Equalization.
29(d) Under the heading, UNITED STATES SENATOR:
30Candidates or nominees to the United States Senate.
31(e) Under the heading, UNITED STATES REPRESENTATIVE:
32Candidates or nominees to the House of Representatives of the
33United States.
34(f) Under the heading, STATE SENATOR:
35Candidates or nominees to the State Senate.
36(g) Under the heading, MEMBER OF THE STATE
37ASSEMBLY:
38Candidates or nominees to the Assembly.
39(h) Under the heading, COUNTY COMMITTEE:
40Members of the County Central Committee.
P5 1(i) Under the heading, JUDICIAL:
2(1) Chief Justice of California.
3(2) Associate Justice of the Supreme Court.
4(3) Presiding Justice, Court of Appeal.
5(4) Associate Justice, Court of Appeal.
6(5) Judge of the Superior Court.
7(6) Marshal.
8(j) Under the heading, SCHOOL:
9(1) Superintendent of Public Instruction.
10(2) County Superintendent of Schools.
11(3) County Board of Education Members.
12(4) College District Governing Board Members.
13(5) Unified District Governing Board Members.
14(6) High School District Governing Board Members.
15(7) Elementary District Governing Board Members.
16(k) Under the heading, COUNTY:
17(1) County Supervisor.
18(2) Other offices in alphabetical order by the title of the office.
19(l) Under the heading, CITY:
20(1) Mayor.
21(2) Member, City Council.
22(3) Other offices in alphabetical order by the title of the office.
23(m) Under the heading, DISTRICT:
24Directors or trustees for each district in alphabetical order
25according to the name of the district.
26(n) Under the heading, MEASURES SUBMITTED TO THE
27VOTERS and the appropriate heading from subdivisions (a)
28through (m), above, ballot measures in the order,
state through
29district shown above, and within each jurisdiction, in the order
30prescribed by the official certifying them for the ballot.
31(o) In order to allow for the most efficient use of space on the
32ballot in counties that use a voting system, as defined in Section
33362, the county elections official may vary the order of
34subdivisions (j), (k), (l), (m), and (n) and the order of offices within
35these subdivisions. However, the office of Superintendent of Public
36Instruction shall always precede a school, county, or city office,
37and state measures shall always precede local measures.
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