Amended in Assembly March 18, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 254

Introduced by Assembly begin delete Member end delete begin insert Members end insert Roger Hernández begin insert and Calderon end insert

February 9, 2015

An act to amend Sections 1000, begin insert 1003, end insert 1301, and 13112 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 254, as amended, 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. begin insert The bill would, except for certain special elections, eliminate the exceptions for elections held in a chartered city or chartered county and school district elections consolidated with chartered city elections, thereby requiring these elections to be held on an established election date. The bill would declare that increasing voter turnout at local elections and promoting the fundamental right to vote are matters of statewide concern. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares that
significantly increasing voter turnout at local elections and
promoting the fundamental right to vote are matters of statewide
concern. Therefore, this act applies to every political subdivision
in this state, including, but not limited to, charter counties, charter
cities, and charter cities and counties. end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

It is the intent of the Legislature that the statutory
changes made by this act do begin delete all end delete begin insert both end insert of the following:

(a) Encourage increased voter participation.

(b) Not alter the date of a runoff election provided for in the
principal act of a district.

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(c) Not affect the existing authority of a local jurisdiction to
hold an election on a non-regularly established election date.

end delete

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 1000 of the Elections Code is amended to read:

1000.  

The established election dates in each year are as follows:

(a) The first Tuesday after the first Monday in June begin delete in end delete begin insert of end insert each
year.

(b) The first Tuesday after the first Monday in November of
each year.

begin insert

begin insert SEC. 4 end insert begin insert . end insert   

end insert

begin insert Section 1003 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

1003.  

This chapter begin delete shall end delete begin insert does end insert not apply to the following:

(a)  begin delete Any end delete begin insert A end insert special election called by the Governor.

begin delete

(b) Elections held in chartered cities or chartered counties in
which the charter provisions are inconsistent with this chapter.

end delete begin insert

(b) A special election called by a local governmental entity
including, but not limited to, a chartered city, chartered county,
or school district.

end insert

(c)  begin delete School end delete begin insert A school end insert governing board begin delete elections consolidated
pursuant to Section 1302.2 or end delete begin insert election end insert initiated by petition pursuant
to Section 5091 of the Education Code.

begin delete

(d) Elections of any kind required or permitted to be held by a
school district located in a chartered city or county when the
election is consolidated with a regular city or county election held
in a jurisdiction that includes 95 percent or more of the school
district’s population.

end delete begin delete

(e)

end delete

begin insert (d) end insert   begin delete County, end delete begin insert A county, end insert municipal, district, begin delete and end delete begin insert or end insert school district
initiative, referendum, or recall begin delete elections. end delete begin insert election. end insert

begin delete

(f)

end delete

begin insert (e) end insert   begin delete Any end delete begin insert An end insert election conducted solely by mailed ballot pursuant
to Division 4 (commencing with Section 4000).

begin delete

(g)

end delete

begin insert (f) end insert  Elections held pursuant to Article 1 (commencing with
Section 15100) of Chapter 1, or pursuant to Article 4 (commencing
with Section 15340) of Chapter 2 of, Part 10 begin insert of Division 1 of Title
1 end insert of the Education Code.

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

Section 1301 of the Elections Code is amended to read:

1301.  

(a) Except as required by Section 57379 of the
Government Code, and except as provided in subdivision (b), a
general municipal election shall be held on an established election
date pursuant to Section 1000.

(b) (1) A city council may enact an ordinance, pursuant to
Division 10 (commencing with Section 10000), requiring its
general municipal election to be held on the same day as the
statewide direct primary election, the day of the statewide general
election, or on the day of school district elections as set forth in
Section 1302. An ordinance adopted pursuant to this subdivision
shall become operative upon approval by the board of supervisors.

(2) In the event of consolidation, the general municipal election
shall be conducted in accordance with all applicable procedural
requirements of this code pertaining to that primary, general, or
school district election, and shall thereafter occur in consolidation
with that election.

(c) If a city adopts an ordinance described in subdivision (b),
the municipal election following the adoption of the ordinance and
each municipal election thereafter shall be conducted on the date
specified by the city council, in accordance with subdivision (b),
unless the ordinance in question is later repealed by the city
council.

(d) If the date of a general municipal election is changed
pursuant to subdivision (b), at least one election shall be held before
the ordinance, as approved by the board of supervisors, may be
subsequently repealed or amended.

begin delete SEC. 4. end delete
begin insert SEC. 6. end insert   

Section 13112 of the Elections Code is amended to
read:

13112.  

The Secretary of State shall conduct a drawing of the
letters of the alphabet, the result of which shall be known as a
randomized alphabet. The procedure shall be as follows:

(a) Each letter of the alphabet shall be written on a separate slip
of paper, each of which shall be folded and inserted into a capsule.
Each capsule shall be opaque and of uniform weight, color, size,
shape, and texture. The capsules shall be placed in a container,
which shall be shaken vigorously in order to mix the capsules
thoroughly. The container then shall be opened and the capsules
removed at random one at a time. As each capsule is removed, it
shall be opened and the letter on the slip of paper read aloud and
written down. The resulting random order of letters constitutes the
randomized alphabet, which is to be used in the same manner as
the conventional alphabet in determining the order of all candidates
in all elections. For example, if two candidates with the surnames
Campbell and Carlson are running for the same office, their order
on the ballot will depend on the order in which the letters M and
R were drawn in the randomized alphabet drawing.

(b) (1) There shall be four drawings, two in each even-numbered
year and two in each odd-numbered year. Each drawing shall be
held at 11 a.m. on the date specified in this subdivision. The results
of each drawing shall be mailed immediately to each county
elections official responsible for conducting an election to which
the drawing applies, who shall use it in determining the order on
the ballot of the names of the candidates for office.

(A) The first drawing under this subdivision shall take place on
the 82nd day before the direct primary of an even-numbered year,
and shall apply to all candidates on the ballot in that election.

(B) (i) The second drawing under this subdivision shall take
place on the 82nd day before the November general election of an
even-numbered year, and shall apply to all candidates on the ballot
in the November general election.

(ii) In the case of the primary election and the November general
election, the Secretary of State shall certify and transmit to each
county elections official the order in which the names of federal
and state candidates, with the exception of candidates for State
Senate and Assembly, shall appear on the ballot. The elections
official shall determine the order on the ballot of all other
candidates using the appropriate randomized alphabet for that
purpose.

(C) The third drawing under this subdivision shall take place
on the 82nd day before the first Tuesday after the first Monday in
June of each odd-numbered year, and shall apply to all candidates
on the ballot in the elections held on that date.

(D) The fourth drawing under this subdivision shall take place
on the 82nd day before the first Tuesday after the first Monday in
November of the odd-numbered year, and shall apply to all
candidates on the ballot in the elections held on that date.

(2) If there is to be an election of candidates to a special district,
school district, charter city, or other local government body at the
same time as one of the four major election dates specified in
subparagraphs (A) to (D), inclusive, of paragraph (1) and the last
possible day to file nomination papers for the local election would
occur after the date of the drawing for the major election date, the
procedure set forth in Section 13113 shall apply.

(c) Each randomized alphabet drawing shall be open to the
public. At least 10 days before a drawing, the Secretary of State
shall notify the news media and other interested parties of the date,
time, and place of the drawing. The president of each statewide
association of local officials with responsibilities for conducting
elections shall be invited by the Secretary of State to attend each
drawing or send a representative. The state chairman of each
qualified political party shall be invited to attend or send a
representative in the case of drawings held to determine the order
of candidates on the primary election ballot, the November general
election ballot, or a special election ballot as provided for in
subdivision (d).

(d) In the case of a special election for State Assembly, State
Senate, or Representative in Congress, on the first weekday after
the close of filing of nomination papers for the office, the Secretary
of State shall conduct a public drawing to produce a randomized
alphabet in the same manner as provided for in subdivisions (a)
and (c). The resulting randomized alphabet shall be used for
determining the order on the ballot of the candidates in both the
primary election for the special election and in the special election.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert This act shall not be construed to shorten the term of
office of any officeholder in office on the effective date of this act.
For each office for which this act causes the election to be held at
a later date than would have been the case in the absence of this
act, the incumbent shall hold office until a successor qualifies for
the office, but in no event shall the term of an incumbent be
extended by more than four years. end insert