AB 254, as introduced, Roger Hernández. Election dates.
Existing law establishes election dates in each year, which are the second Tuesday of April in each even-numbered year, the first Tuesday after the first Monday in March of each odd-numbered year, the first Tuesday after the first Monday in June in each year, and the first Tuesday after the first Monday in November of each year. Existing law requires all state, county, municipal, district, and school district elections to be held on an established election date, except for a special election called by the Governor, an election held in a chartered city or chartered county, certain school district elections, a local ballot measure or local recall election, and an all-mailed ballot election.
This bill would eliminate the established election dates in March and April.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
It is the intent of the Legislature that the statutory
2changes made by this act do all of the following:
3(a) Encourage increased voter participation.
P2 1(b) Not alter the date of a runoff election provided for in the
2principal act of a district.
3(c) Not affect the existing authority of a local jurisdiction to
4hold an election on a non-regularly established election date.
Section 1000 of the Elections Code is amended to read:
The established election dates in each year are as follows:
7(a) The second Tuesday of April in each even-numbered year.
end delete
8(b) The first Tuesday after the first Monday in March of each
9odd-numbered year.
10(c)
end delete
11begin insert(a)end insert The first Tuesday after the first Monday in June in each
12year.
13(d)
end delete
14begin insert(b)end insert The first Tuesday after the first Monday in November of
15each year.
Section 1301 of the Elections Code is amended to read:
(a) Except as required by Section 57379 of the
18Government Code, and except as provided in subdivision (b), a
19general municipal election shall be held on an established election
20date pursuant to Section 1000.
21(b) (1) begin deleteNotwithstanding subdivision (a), a end deletebegin insertA end insertcity council may
22enact an ordinance, pursuant to Division 10 (commencing with
23Section 10000), requiring its general municipal election to be held
24on the same day as the statewide direct primary election, the day
25of the statewide general election,begin insert
orend insert
on the day of school district
26elections as set forth in Sectionbegin delete 1302, the first Tuesday after the begin insert 1302. Anend insert ordinance adopted
27first Monday of March in each odd-numbered year, or the second
28Tuesday of April in each year. Anyend delete
29pursuant to this subdivision shall become operative upon approval
30by the board of supervisors.
31(2) In the event of consolidation, the general municipal election
32shall be conducted in accordance with all applicable procedural
33requirements of this code pertaining to that primary, general, or
34school district election, and shall thereafter occur in consolidation
35with that election.
36(c) If a city adopts an ordinance described in subdivision (b),
37the municipal
election following the adoption of the ordinance and
38each municipal election thereafter shall be conducted on the date
39specified by the city council, in accordance with subdivision (b),
P3 1unless the ordinance in question is later repealed by the city
2council.
3(d) If the date of a general municipal election is changed
4pursuant to subdivision (b), at least one election shall be held before
5the ordinance, as approved by the board of supervisors, may be
6subsequently repealed or amended.
Section 13112 of the Elections Code is amended to
8read:
The Secretary of State shall conduct a drawing of the
10letters of the alphabet, the result of which shall be known as a
11randomized alphabet. The procedure shall be as follows:
12(a) Each letter of the alphabet shall be written on a separate slip
13of paper, each of which shall be folded and inserted into a capsule.
14Each capsule shall be opaque and of uniform weight, color, size,
15shape, and texture. The capsules shall be placed in a container,
16which shall be shaken vigorously in order to mix the capsules
17thoroughly. The container then shall be opened and the capsules
18removed at random one at a time. As eachbegin insert capsuleend insert is removed, it
19shall be opened
and the letter on the slip of paper read aloud and
20written down. The resulting random order of letters constitutes the
21randomized alphabet, which is to be used in the same manner as
22the conventional alphabet in determining the order of all candidates
23in all elections. For example, if two candidates with the surnames
24Campbell and Carlson are running for the same office, their order
25on the ballot will depend on the order in which the letters M and
26R were drawn in the randomized alphabet drawing.
27(b) (1) There shall bebegin delete sixend deletebegin insert fourend insert drawings,begin delete threeend deletebegin insert twoend insert
in each
28even-numbered year andbegin delete threeend deletebegin insert
twoend insert in each odd-numbered year.
29Each drawing shall be held at 11 a.m. on the date specified in this
30subdivision. The results of each drawing shall be mailed
31immediately to each county elections official responsible for
32conducting an election to which the drawingbegin delete is applicable,end deletebegin insert applies,end insert
33 who shall use it in determining the order on the ballot of the names
34of the candidates for office.
35(A) The first drawing under this subdivision shall take place on
36the 82nd day before the April general law city elections of an
37even-numbered year, and shall apply to those elections and any
38other elections held at the same time.
39(B)
end delete
P4 1begin insert(A)end insert Thebegin delete secondend deletebegin insert firstend insert drawing under this subdivision shall take
2place on the 82nd day before the direct primary of an
3even-numbered year, and shall apply to all candidates on the ballot
4in that election.
5(C)
end delete
6begin insert(B)end insert (i) Thebegin delete thirdend deletebegin insert
secondend insert drawing under this subdivision shall
7take place on the 82nd day before the November general election
8of an even-numbered year, and shall apply to all candidates on the
9ballot in the November general election.
10(ii) In the case of the primary election and the November general
11election, the Secretary of State shall certify and transmit to each
12county elections official the order in which the names of federal
13and state candidates, with the exception of candidates for State
14Senate and Assembly, shall appear on the ballot. The elections
15official shall determine the order on the ballot of all other
16candidates using the appropriate randomized alphabet for that
17purpose.
18(D) The fourth drawing under this subdivision shall take place
19on the 82nd day before the March general law city elections of
20each odd-numbered year, and shall apply to those elections and
21any other elections held at the same time.
22(E)
end delete
23begin insert(C)end insert Thebegin delete fifthend deletebegin insert thirdend insert drawing under this subdivision shall take
24place on the 82nd day before the first Tuesday after the first
25Monday in June of each odd-numbered year, and shall apply to all
26candidates on the ballot in the elections held on that date.
27(F)
end delete
28begin insert(D)end insert Thebegin delete sixthend deletebegin insert
fourthend insert drawing under this subdivision shall take
29place on the 82nd day before the first Tuesday after the first
30Monday in November of the odd-numbered year, and shall apply
31to all candidates on the ballot in the elections held on that date.
32(2) In the event
end delete
33begin insert(2)end insertbegin insert end insertbegin insertIf end insertthere is to be an election of candidates to a special district,
34school district, charter city, or other local government body at the
35same time as one of thebegin delete fiveend deletebegin insert
fourend insert major election dates specified in
36subparagraphs (A) tobegin delete (F),end deletebegin insert (D),end insert inclusive,begin insert of paragraph (1)end insert and the
37last possible day to file nomination papers for the local election
38would occur after the date of the drawing for the major election
39date, the procedure set forth in Section 13113 shall apply.
P5 1(c) Each randomized alphabet drawing shall be open to the
2public. At least 10 daysbegin delete prior toend deletebegin insert beforeend insert a drawing, the Secretary
3of
State shall notify the news media and other interested parties
4of the date, time, and place of the drawing. The president of each
5statewide association of local officials with responsibilities for
6conducting elections shall be invited by the Secretary of State to
7attend each drawing or send a representative. The state chairman
8of each qualified political party shall be invited to attend or send
9a representative in the case of drawings held to determine the order
10of candidates on the primary election ballot, the November general
11election ballot, or a special election ballot as provided for in
12subdivision (d).
13(d) In the case ofbegin delete anyend deletebegin insert aend insert special election for State Assembly,
14State Senate, or Representative in Congress, on the first weekday
15after the close of
filing of nomination papers for the office, the
16Secretary of State shall conduct a public drawing to produce a
17randomized alphabet in the same manner as provided for in
18subdivisions (a) and (c). The resulting randomized alphabet shall
19be used for determining the order on the ballot of the candidates
20in both the primary election for the special election and in the
21special election.
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