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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