Amended in Assembly June 1, 2015

Amended in Assembly April 7, 2015

Amended in Assembly March 18, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 254

Introduced by Assembly Members Roger Hernández and Calderon

February 9, 2015

An act to amend, repeal, and add Sections 1000, begin delete 1003, end delete 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. begin delete 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. end delete

This bill would, commencing January 1, 2020, eliminate the established election dates in March and April. begin delete The bill would, commencing January 1, 2020, 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 delete

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

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

begin delete

SECTION 1.  

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 delete

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

It is the intent of the Legislature that the statutory
changes made by this act do both 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.

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

Section 1000 of the Elections Code is amended to read:

1000.  

(a) The established election dates in each year are as
follows:

(1) The second Tuesday of April in each even-numbered year.

(2) The first Tuesday after the first Monday in March of each
odd-numbered year.

(3) The first Tuesday after the first Monday in June in each
year.

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

(b) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 1000 is added to the Elections Code, to read:

1000.  

(a) The established election dates in each year are as
follows:

(1) The first Tuesday after the first Monday in June.

(2) The first Tuesday after the first Monday in November.

(b) This section shall become operative on January 1, 2020.

begin delete

SEC. 5.  

Section 1003 of the Elections Code is amended to read:

1003.  

(a) This chapter does not apply to the following:

(1) A special election called by the Governor.

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

(3) A school governing board election consolidated pursuant to
Section 1302.2 or initiated by petition pursuant to Section 5091
of the Education Code.

(4) 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.

(5) A county, municipal, district, or school district initiative,
referendum, or recall election.

(6) An election conducted solely by mailed ballot pursuant to
Division 4 (commencing with Section 4000).

(7) 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 of Division 1 of Title
1 of the Education Code.

(b) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

SEC. 6.  

Section 1003 is added to the Elections Code, to read:

1003.  

(a) This chapter does not apply to the following:

(1) A special election called by the Governor.

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

(3) A school governing board election initiated by petition
pursuant to Section 5091 of the Education Code.

(4) A county, municipal, district, or school district initiative,
referendum, or recall election.

(5) An election conducted solely by mailed ballot pursuant to
Division 4 (commencing with Section 4000).

(6) 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 of Division 1 of Title
1 of the Education Code.

(b) This section shall become operative on January 1, 2020.

end delete

begin delete SEC. 7. end delete
begin insert SEC. 4. 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) Notwithstanding subdivision (a), a city council may
enact an ordinance, pursuant to Division 10 (commencing with
Section 10000), requiring its general municipal election to be held
begin delete on end delete the same day as the statewide direct primary election, the day
of the statewide general election, begin delete on end delete the day of school district
elections as set forth in Section 1302, the first Tuesday after the
first Monday of March in each odd-numbered year, or the second
Tuesday of April in each year. 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.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 8. end delete
begin insert SEC. 5. end insert   

Section 1301 is added to the Elections Code, 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 begin delete on end delete the same day as the
statewide direct primary election, the day of the statewide general
election, or begin delete on end delete 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.

(e) This section shall become operative on January 1, 2020.

begin delete SEC. 9. 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 six drawings, three in each even-numbered
year and three 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 April general law city elections of an
even-numbered year, and shall apply to those elections and any
other elections held at the same time.

(B) The second 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.

(C) (i) The third 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.

(D) The fourth drawing under this subdivision shall take place
on the 82nd day before the March general law city elections of
each odd-numbered year, and shall apply to those elections and
any other elections held at the same time.

(E) The fifth 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.

(F) The sixth 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 begin delete is to end delete begin insert will end insert 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 five major election dates
specified in subparagraphs (A) to (F), inclusive, begin insert of paragraph (1) end insert
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.

(e) This section shall remain in effect only until January 1, 2020,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2020, deletes or extends that date.

begin delete SEC. 10. end delete
begin insert SEC. 7. end insert   

Section 13112 is added to the Elections Code, 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)  begin delete (1)   There end delete begin insert (1) end insert begin insert   end insert begin insert There end insert 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 begin delete is to end delete begin insert will end insert 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.

(e) This section shall become operative on January 1, 2020.

begin delete SEC. 11. end delete
begin insert SEC. 8. end insert   

This act shall not be construed to shorten the term of
office of any officeholder in office on January 1, 2020. 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.