SB 519,
as amended, Emmerson. begin deleteVacancies in office: special elections. end deletebegin insertSpecial elections.end insert
Existing law provides that expenses authorized and necessarily incurred in the preparation for and conduct of elections are to be paid from the county treasuries, except as specified.
end insertbegin insertThis bill would provide that expenses authorized and necessarily incurred on or after January 1, 2012, and before December 31, 2013, for elections proclaimed by the Governor to fill a vacancy in the office of Senator or Member of the Assembly, or to fill a vacancy in the office of United States Senator or Member of the United States House of Representatives, shall be paid by the state.
end insertbegin insertThis bill would declare that it is to take effect immediately as an urgency statute.
end insertExisting 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.
end deleteThis 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.
end deleteVote: begin deletemajority end deletebegin insert2⁄3end insert.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertThe Legislature recognizes the unnecessary
2burden that unreimbursed special elections have had on
3California’s 58 counties. These special elections have forced the
4counties to redirect important funds that should be used to provide
5critical services to the community.end insert
begin insertSection 13001 of the end insertbegin insertElections Codeend insertbegin insert is amended to
7read:end insert
begin deleteAll end deletebegin insert(a)end insertbegin insert end insertbegin insert(1)end insertbegin insert end insertbegin insertExcept as provided in subdivision (b), end insert
9expenses authorized and necessarily incurred in the preparation
10for, and conduct of, elections as provided in this code shall be paid
11from the county treasuries, except thatbegin delete whenend deletebegin insert ifend insert an election is called
12by the governing body of a city the expenses shall be paid from
13the treasury of the city.begin delete All payments shall be made in the same
14manner as
other county or city expenditures are made. The elections
15official, in providing the materials required by this division, need
16not utilize the services of the county or city purchasing agent.end delete
17(2) All payments under this subdivision shall be made in the
18same manner as other county or city expenditures are made.
19(b) All expenses authorized and necessarily incurred on or after
20January 1, 2012, and before December 31, 2013, in the preparation
21for, and conduct of, elections proclaimed by the Governor to fill
22a vacancy in the office of Senator or Member
of the Assembly, or
23to fill a vacancy in the office of United States Senator or Member
24of the United States House of Representatives, shall be paid by the
25state.
26(c) The elections official, in providing the materials required
27by this division, need not utilize the services of the county or city
28purchasing agent.
This act is an urgency statute necessary for the
2immediate preservation of the public peace, health, or safety within
3the meaning of Article IV of the Constitution and shall go into
4immediate effect. The facts constituting the necessity are:
5In order to assure the orderly conduct of elections during the
6ongoing dire fiscal climate by relieving counties of responsibility
7for expenses incurred on or after January 1, 2012, and before
8December 31, 2013, for the preparation and conduct of elections
9proclaimed by the Governor for specified purposes, it is
necessary
10that this bill go into immediate effect.
Section 10704 of the Elections Code is amended
12to read:
(a) Except as provided in subdivision (b), a special
14primary election shall be held in the district in which the vacancy
15occurred on the 9th Tuesday or, if the 9th Tuesday is the day of
16or the day following a state holiday, the 10th Tuesday preceding
17the day of the special general election at which the vacancy is to
18be filled. Candidates at the primary election shall be nominated in
19the manner set forth in Chapter 1 (commencing with Section 8000)
20of Part 1 of Division 8, except that nomination papers shall not be
21circulated more than 73 days before the primary election, shall be
22left with the county elections official for examination not less than
2353 days before the primary election, and shall be filed with the
24Secretary of State not less than 53 days before the primary election.
25(b) A special primary election shall be held in the district in
26which the vacancy occurred on the 10th Tuesday preceding the
27day of the special general election at which the vacancy is to be
28filled if both of the following conditions apply:
29(1) The 10th Tuesday preceding the day of the special general
30election is an established election date pursuant to Section 1000.
31(2) A statewide or local election occurring wholly or partially
32within the same territory in which the vacancy exists is scheduled
33for the 10th Tuesday preceding the day of the special general
34election.
35(c) An application for a vote by mail ballot for a special election
36shall be made and processed in the manner required by Section
373001.
38(d) The sample ballot for a special election shall contain a
39written explanation of the election procedure for voter-nominated
40offices as specified in subdivision (b) of Section 9083.5.
P4 1Immediately after the explanation shall be printed the following:
2“If one candidate receives more than 50% of the votes cast at the
3special primary election, he or she will be elected to fill the vacancy
4and no special general election will be held.”
5(e) On the ballot for a special election, immediately below the
6instructions to voters, there shall be a box not less than one-half
7inch high enclosed by a heavy-ruled line the same as the borderline.
8This box shall be as long as there are columns for the ballot and
9shall be set directly above these columns.
Within the box shall be
10printed the words “Voter-Nominated Office.” Immediately below
11that phrase within the same box shall be printed the following:
12“All voters, regardless of the party preference they disclosed
13upon registration, or refusal to disclose a party preference, may
14vote for any candidate for a voter-nominated office. The party
15preference, if any, designated by a candidate is selected by the
16candidate and is shown for the information of the voters only. It
17does not imply that the candidate is nominated or endorsed by the
18party or that the party approves of the candidate.”
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