BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 254|
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                                   THIRD READING 


          Bill No:  AB 254
          Author:   Roger Hernández (D) and Calderon (D)
          Amended:  6/1/15 in Assembly
          Vote:     21  

           SENATE ELECTIONS & C.A. COMMITTEE:  3-1, 6/30/15
           AYES:  Allen, Hertzberg, Liu
           NOES:  Anderson
           NO VOTE RECORDED:  Hancock

           SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

           ASSEMBLY FLOOR:  44-31, 6/3/15 - See last page for vote

           SUBJECT:   Election dates


          SOURCE:    Author
          
          DIGEST:   This bill requires general law cities, school  
          districts, community college districts, and special districts to  
          hold their general elections and certain special elections at  
          the same time as the statewide primary or statewide general  
          election, or in June or November of odd-numbered years,  
          beginning in 2020. 

          ANALYSIS: 
          
          Existing law: 

           1) Provides that the following dates are "established election  
             dates": 









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              a)    The second Tuesday of April in each even-numbered  
                year; 

              b)    The first Tuesday after the first Monday in March of  
                each odd-numbered year; 

              c)    The first Tuesday after the first Monday in June in  
                each year; and, 

              d)    The first Tuesday after the first Monday in November  
                in each year. 

           2) Requires all state, county, municipal, district, and school  
             district elections to be held on an established election  
             date, except as specified. Provides that the following types  
             of elections, among others, are not required to be held on an  
             established election date: 

              a)    Any special election called by the Governor; 

              b)    Elections held in chartered cities or chartered  
                counties in which the charter provisions are inconsistent  
                with state election laws; 

              c)    School governing board elections conducted pursuant to  
                specified provisions of law; 

              d)    Elections 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; 

              e)    County, municipal, district, and school district  
                initiative, referendum, or recall elections; 

              f)    Any election conducted solely by mailed ballot  
                pursuant to specified provisions of law; and, 

              g)    Elections held pursuant to specified provisions of law  
                on the question of whether to authorize school bonds. 

           3) Requires a general law city to hold its general municipal  
             election on an established election date or on the second  







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             Tuesday in April of each odd-numbered year, except as  
             specified. 

           4) Requires a school district, community college district, or  
             county board of education to hold the regular election to  
             select governing board members on the first Tuesday after the  
             first Monday of November in each odd-numbered year, or at the  
             same time as the statewide direct primary election, the  
             statewide general election, or the general municipal  
             election, except as specified. 

           5) Requires the general district election held to elect members  
             of the governing board of a special district to be held on  
             the first Tuesday after the first Monday in November of each  
             odd-numbered year, unless the principal act of the district  
             provides for the general district election to be held on a  
             different established election date, or on an established  
             mailed ballot election date, as specified. Permits a special  
             district to adopt a resolution requiring its general district  
             election to be held on the same day as the statewide general  
             election, upon approval of the county board of supervisors,  
             as specified. 

           6) Requires various special elections, including the following  
             types of elections, to be held on an established election  
             date: 

              a)    An election to fill a vacancy on the governing board  
                of a city, school district, or community college district;  


              b)    An election on a proposal to transfer territory  
                between counties; 

              c)    An election to elect a county charter commission; and,  


              d)    Specified elections on proposals to form special  
                districts. 

           7) Permits a county or a city to provide for its own governance  
             through the adoption of a charter by a majority vote of its  
             electors voting on the question. 








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           8) Permits a city charter to provide for the conduct of city  
             elections.  Grants plenary authority, subject to limited  
             restrictions, for a city's charter to provide for the manner  
             in which and the method by which municipal officers are  
             elected. 

           9) Provides that a legally adopted city charter supersedes all  
             laws inconsistent with that charter with respect to municipal  
             affairs. 

           10)Provides that requests to consolidate certain local  
             elections with statewide election dates shall be approved by  
             the board of supervisors of a county unless the ballot style,  
             voting equipment, or computer capability is such that  
             additional elections or materials cannot be handled.

          This bill:

           1) Eliminates the second Tuesday in April of each even-numbered  
             year, and the first Tuesday after the first Monday in March  
             of each odd-numbered year, from the list of dates that are  
             considered "established election dates" on which cities may  
             hold their general municipal elections, and on which special  
             districts may hold their general district elections,  
             effective January 1, 2020. 

           2) Eliminates the second Tuesday in April of each odd-numbered  
             year as a date on which cities may hold their general  
             municipal elections, effective January 1, 2020. 

           3) Declares the intent of the Legislature, in enacting this  
             bill, to do the following: 

              a)    Encourage increased voter participation; and, 

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

           4) Specifies that this bill shall not be construed to shorten  
             the term of office of any officeholder in office on the  
             effective date of this bill.  Provides that for each office  
             for which this bill causes the election to be held at a later  
             date than would have been the case in the absence of this  
             bill, the incumbent shall hold office until a successor  







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             qualifies for the office, but in no event shall the term of  
             an incumbent be extended by more than four years. 

           5) Makes corresponding and technical changes. 

          Background
          
          Local general election dates.  By eliminating two established  
          election dates, this bill limits the dates on which local  
          governmental bodies can hold their regularly-scheduled elections  
          to elect governing board members (commonly referred to as  
          general municipal or general district elections).  Counties are  
          required by law to hold regularly scheduled county elections at  
          the same time as statewide elections, so their general elections  
          would not be affected by this bill (San Francisco, which is a  
          consolidated city and county, has the authority over local  
          elections that is granted to charter cities, and therefore it is  
          not required to elect county officers at the same time as the  
          statewide election, unlike other counties).  Cities, school  
          districts, community college districts, and special districts,  
          however, all could be affected by this bill. 

          Cities.  According to the League of California Cities, there are  
          361 general law (i.e., non-charter) cities in California.  Based  
          on research by the Assembly Elections and Redistricting  
          Committee staff, approximately 89 percent of general law cities  
          hold their general municipal elections on a date that is  
          permitted by this bill.  Assuming this bill is not applicable to  
          charter cities, there are 41 general law cities that would be  
          required to move the date of their general municipal elections.   
          Of those 41 cities, all but two are located in Los Angeles  
          County. 

          Los Angeles County.  As stated above, existing law provides that  
          requests to consolidate certain local elections with statewide  
          election dates shall be approved by the board of supervisors  
          unless the ballot style, voting equipment, or computer  
          capability is such that additional elections or materials cannot  
          be handled. 

          Los Angeles County sought the ability to deny consolidation  
          requests in SB 693 (Robbins, Chapter 897, Statutes of 1985),  
          because its voting system could accommodate only a limited  
          number of contests at each election, and the County was  







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          concerned that the move by cities to hold their elections at the  
          same time as the statewide election would exceed the capacity of  
          their voting system.  

          Los Angeles County still uses a variant of the voting system  
          that it used in 1985, though the county is currently in the  
          planning and design stage for developing and transitioning to a  
          new voting system.  One of the principles that the county has  
          articulated to guide the development of its new voting system is  
          having a system that has "sufficient technical and physical  
          capacity to accommodate?consolidation of elections with local  
          districts and municipalities."  That voting system, however, may  
          not be available for use countywide until 2020. 

          Because of the capacity limitations of Los Angeles County's  
          voting system, the County routinely has denied requests from  
          various local governmental bodies in the county that have sought  
          to hold their elections at the same time as - and to have their  
          elections consolidated with - statewide elections.  Recently,  
          however, the Los Angeles County Board of Supervisors voted to  
          change its policy regarding requests for consolidations of local  
          elections with the statewide primary or general election.   
          Rather than routinely denying such requests, under the new  
          policy, the Board of Supervisors will consider approving  
          requests by local government bodies to have their elections  
          consolidated with statewide elections on a case-by-case basis.   
          The Board will consider approving such a request from a local  
          governmental body if an analysis indicates that the ballots in  
          the area of the county where the governmental body is located  
          have had sufficient capacity to accommodate additional contests  
          at previous statewide elections. 

          Earlier this year, voters in the city of Los Angeles and in the  
          Los Angeles Unified School District (LAUSD) approved ballot  
          measures to move those jurisdictions' general elections so that  
          they are held at the same time as statewide elections, beginning  
          in 2020.  Arguments in support of those measures indicated that  
          such a timeline would allow local elections to be consolidated  
          with federal and state elections.  In addition to including the  
          City of Los Angeles, the LAUSD also includes all or parts of 11  
          other cities that currently hold their municipal elections at  
          the same time as LAUSD elections.  The shift in the date of  
          LAUSD elections could give those cities an incentive to consider  
          moving the dates of their municipal elections. 







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          In light of Los Angeles County's timeline for replacing its  
          existing voting system, this bill will not go into effect until  
          2020.

          Comments
          
          1)According to the author, in 2014, voter turnout hit record low  
            numbers, with especially devastating numbers in large urban  
            areas.  One result of lower participation is that the elected  
            officials are less likely to reflect the electorate. This is a  
            self-perpetuating cycle, as voters feel less connected they  
            are less likely to participate in the process in the next  
            cycle, and so the gap between officials and their  
            constituencies grows larger. 

          A recent report by the Greenlining Institute examined three  
            California case studies comparing even-year consolidated  
            elections and off-year elections.  Their data illustrates  
            even-year consolidated elections showing a benefit of up to  
            54% increased participation and savings up to $50.94 per  
            voter.  Even the low end of their results show significant  
            improvements in using consolidated elections.

          By consolidating elections, AB 254 will help avoid "stand-alone"  
            local elections and result in: decreased costs, reduction of  
            special interested influence, increased voter turnout, and a  
            more representative government.

          Multiple studies in the last 15 years have determined that  
            election date is a key factor in determining voter turnout.   
            According to the Public Policy Institute of California,  
            holding elections "on cycle" is the largest single factor that  
            affects voter turnout.  Elections held "on-cycle", help  
            constituents establish voting as habit and they are more  
            widely publicized.  Both of these factors contribute to higher  
            turnout. Given that California allows for both off-cycle and  
            on-cycle elections, this creates a barrier to establish better  
            voting habits.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No









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          SUPPORT:   (Verified8/18/15)




          California Common Cause
          League of Women Voters of California 


          OPPOSITION:   (Verified8/18/15)


           City Clerks Association of California
           City of Azusa
           City of Glendora
           City of Lakewood
           City of Norwalk
           City of South Gate
           League of California Cities


          ARGUMENTS IN SUPPORT:     According to the League of Women  
          Voters of California, local elections have significantly greater  
          participation when they coincide with statewide or federal  
          elections.  Having elections in June or November make it easier  
          for citizens to remember and participate, and more likely to  
          turn out as there are multiple issues and candidates on the  
          ballot.


          ARGUMENTS IN OPPOSITION:     According to the City of Lakewood,  
          this bill removes freedom of choice of cities choosing an  
          election date that they feel works best for them.  While the  
          intent of the bill is to increase voter participation, it is  
          difficult to see how cities would get a better voter turnout in  
          a June non-statewide election than they would in March or April.  



          ASSEMBLY FLOOR:  44-31, 6/3/15
          AYES:  Alejo, Bonilla, Bonta, Burke, Calderon, Campos, Chau,  
            Chiu, Chu, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier,  
            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Roger Hernández, Holden, Jones-Sawyer,  







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            Lopez, Low, McCarty, Mullin, Nazarian, Perea, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,  
            Chávez, Cooley, Dahle, Beth Gaines, Gallagher, Grove, Hadley,  
            Harper, Irwin, Jones, Kim, Lackey, Levine, Linder,  
            Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen,  
            Patterson, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Bloom, Brown, Medina, O'Donnell, Quirk

          Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
          8/19/15 20:39:00


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