SB 519, as introduced, Emmerson. Vacancies in office: special elections.
Existing law requires the Governor to issue a proclamation calling a special election to fill a vacancy in the office of Representative in Congress or either house of the Legislature within 14 days of when the vacancy occurs. Existing law requires that a special primary election be held in the district in which the vacancy occurred on the 9th Tuesday, or if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Existing law imposes deadlines relating to the filing of nomination papers for a candidate in a special primary election, as specified.
This bill would make nonsubstantive changes to the provision related to the deadlines imposed on a candidate in a special primary election relating to the filing of nomination papers.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 10704 of the Elections Code is amended
2to read:
(a) Except as provided in subdivision (b), a special
2primary election shall be held in the district in which the vacancy
3occurred on the 9th Tuesday or, if the 9th Tuesday is the day of
4or the day following a state holiday, the 10th Tuesday preceding
5the day of the special general election at which the vacancy is to
6be filled. Candidates at the primary election shall be nominated in
7the manner set forth in Chapter 1 (commencing with Section 8000)
8of Part 1 of Division 8, except that nomination papers shall not be
9circulated more than 73 days before the primary election, shall be
10left with the county elections official for examination not less than
1153 days before the primary election, and shall be filed with the
12Secretary of State not less than 53 days before the primary election.
13(b) A special primary election shall be held in the district in
14which the vacancy occurred on the 10th Tuesday preceding the
15day of the special general election at which the vacancy is to be
16filled if both of the following conditions apply:
17(1) The 10th Tuesday preceding the day of the special general
18election is an established election date pursuant to Section 1000.
19(2) A statewide or local election occurring wholly or partially
20within the same territory in which the vacancy exists is scheduled
21for the 10th Tuesday preceding the day of the special general
22election.
23(c) An application for a vote by mail ballot for a special election
24shall be made and processed in the manner required by Section
253001.
26(d) The sample ballot for a special election shall contain a
27written explanation of the election procedure for voter-nominated
28begin delete officeend deletebegin insert officesend insert as specified in subdivision (b) of Section 9083.5.
29Immediately after the explanation shall be printed the following:
30“If one candidate receives more than 50% of the votes cast at the
31special primary election, he or she will be elected to fill the vacancy
32and no special general election will be held.”
33(e) On the ballot for a special election, immediately below the
34instructions to voters, there shall be a box not less than one-half
35inch high enclosed by a heavy-ruled line the same as the borderline.
36This box shall be as long as there are columns for the ballot and
37shall be set directly above these columns.
Within the box shall be
38printed the words “Voter-Nominated Office.” Immediately below
39that phrase within the same box shall be printed the following:
P3 1“All voters, regardless of the party preference they disclosed
2upon registration, or refusal to disclose a party preference, may
3vote for any candidate for a voter-nominated office. The party
4preference, if any, designated by a candidate is selected by the
5candidate and is shown for the information of the voters only. It
6does not imply that the candidate is nominated or endorsed by the
7party or that the party approves of the candidate.”
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