BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de Le�n, Chair


          SB 519 (Emmerson) - Special Elections
          
          Amended: April 1, 2013          Policy Vote: E&CA 5-0
          Urgency: Yes                    Mandate: No
          Hearing Date: May 23, 2013      Consultant: Maureen Ortiz
          
          SUSPENSE FILE.
          
          
          Bill Summary:  SB 519 requires the state to reimburse counties  
          for the costs of special elections proclaimed by the governor to  
          fill a vacancy in the office of State Senator, member of the  
          State Assembly, U. S. Senator, or Member of the U. S. House of  
          Representatives.  The bill will require reimbursement for those  
          elections held between January 1, 2012 and December 31, 2013.

          Fiscal Impact: 

              Approximately $7.9 million in reimbursement costs to  
              counties (General)

          Background:  Existing law requires all expenses authorized and  
          necessarily incurred in the preparation for, and conduct of,  
          elections to be paid from the county treasuries, except that  
          when an election is called by the governing body of a city the  
          expenses are paid from the city treasury.

          First implemented by AB 37 (Johnson), Chapter 39, Statutes of  
          1993, the state has 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.

          Proposed Law: SB 519 provides that all expenses authorized and  
          necessarily incurred on or after January 1, 2012 and before  
          December 31, 2013 in the preparation for, and conduct of,  
          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 U. S. Senator or Member of the U. S.  
          House of Representatives, shall be paid by the state.










          SB 519 (Emmerson)
          Page 1



          Related Legislation: This bill is similar to SB 106 (Blakeslee)  
          2011, SB 141 (Price) of 2011, SB 994 (Price) of 2010, AB 496  
          (Davis) of 2010 - all of which were held in this committee's  
          Suspense File.  AB 1769 (Tran) was held in the Assembly  
          Appropriations Committee in 2010.

          Staff Comments: The state had reimbursed counties for the costs  
          of special elections conducted to fill congressional or  
          legislative vacancies from 1993 through 2007.   In the last two  
          decades and since the implementation of legislative term limits  
          there have been 121 special primary and general elections to  
          fill vacant seats in the Assembly, Senate and Congress.  Special  
          elections can result in costs of approximately $1 million for  
          counties to conduct depending on the size of the county.  Costs  
          are much lower if the vacancy election is consolidated with  
          another election.  Most often these costs are unbudgeted and  
          unanticipated, even necessitating the shifting of funds from  
          other critical programs to pay for the mandated elections.  

          L.A. County is expected to incur millions of dollars of special  
          elections costs in 2013 from races to fill vacancies in Senate  
          District 32, and likely elections to fill vacancies in Assembly  
          District 45 and Senate District 26.  San Diego County has  
          already incurred costs of $1.1 million for the special primary  
          election on March 12, 2013 to fill the vacancy in the 40th  
          Senate District, and will be holding a primary election on May  
          21, 2013 for the 80th Assembly District and potentially a runoff  
          on July 30, 2013.  Each of those elections is expected to cost  
          approximately $800,000.