BILL ANALYSIS Ó
AB 971
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 971
(Chang) - As Introduced February 26, 2015
SUBJECT: Payment of expenses.
SUMMARY: Requires the state to pay for all expenses authorized
and incurred in the preparation for and conduct of special
elections proclaimed by the Governor to fill a legislative or
congressional vacancy. Specifically, this bill:
1)Provides that the state shall pay the costs of a special
election to fill a vacancy in the office of the State Senate
or Assembly, or to fill a vacancy in the office of United
States Senator or Representative.
2)Provides that when an election to fill a vacancy is
consolidated with any other election, only those additional
expenses directly related to the election to fill the vacancy
shall be paid for by the state.
3)Provides that this bill applies to any expenses incurred on or
after January 1, 2015.
EXISTING LAW provides that all expenses authorized and
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necessarily incurred in the preparation for and conduct of
elections are to be paid from the county treasuries, except that
when an election is called by the governing body of a city the
expenses shall be paid from the treasury of the city.
FISCAL EFFECT: Unknown
COMMENTS:
1)Purpose of the Bill: According to the author:
Existing law requires any vacancy in an Assembly, Senate or
Congressional office to be filled by a special primary, and, if
needed a special general election. Existing law further
requires all expenses incurred to prepare and conduct special
elections to be paid by the respective counties.
AB 971 will lift the costly burden of special election costs on
counties and shift the funding responsibility of state and
federal special elections to the state. From 1993 to 2007, the
state reimbursed counties for the costs of special legislative
and congressional elections. However, this provision of law
expired during the economic downturn.
Special elections are set in motion because of state related
actions completely out the control of counties. These elections
are difficult if not impossible for local counties to anticipate
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and plan for -- and they come with a heavy price tag.
Imposing these costs only makes it more difficult for counties
to provide important services like public safety or foster care.
According to the Secretary of State, over the last 20 years
there have been over 120 special primary and general elections
to fill vacancies in the Senate, Assembly and Congress in
California - and there are more unfolding across the state this
year.
AB 971 returns state policy on special election reimbursement to
the way it operated for nearly fifteen years by requiring the
state to cover costs related to special elections.
2)Vacancy Elections: From 1993 through 2007, the state
reimbursed counties for the costs of special elections to fill
vacancies in the State Senate, Assembly and United States
Senator or Representative. However the provision of state law
that required the state to reimburse counties for the costs of
conducting special vacancy elections expired January 1, 2008.
According to records provided by the Secretary of State, since
2008 there have been 45 special elections conducted to fill
vacancies in the State Senate, Assembly and United States
Senate or House of Representatives.
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Following the expiration of reimbursement provisions, counties
have been forced to redirect important resources budgeted for
critical community services to cover the unanticipated costs
of conducting mandated special elections.
3)Arguments in Support: The Los Angeles County Board of
Supervisors writes in support:
AB 971 would require the State to pay for all costs
necessary to prepare and to conduct a special election on
or after January 1, 2015. It would cover elections
proclaimed by the Governor to fill a vacancy for the
offices of State Senate, State Assembly, United States
Senate, or United States House of Representatives.
Los Angeles County conducts frequent special vacancy
elections at a significant cost to the County. According
to the County's Registrar Recorder-County Clerk, the costs
for the March 2015 special election to fill the vacancy for
the 21st Senate District are estimated at $1.4 million. In
2014, unreimbursed special election costs totaled $2.3
million and in 2013, the County incurred $6.2 million in
unreimbursed costs. From 2007 to 2012, the County ran 11
special elections at a total unreimbursed cost of
approximately $18 million. AB 971 would allow the County
to seek reimbursement from the State for future special
election costs.
4)Prioritizing: Since 2010, there have been nine unsuccessful
legislative attempts to restore the requirement for the state
to reimburse counties for the cost of legislative and
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congressional elections, which was originally enacted by AB 37
(Johnson), Chapter 39, Statutes of 1993. In each instance the
proposals received unanimous support in both Assembly and
Senate election policy committees but died on suspense in
either the Assembly or Senate Appropriations Committees.
5)History of State Reimbursement Provisions for Special Election
Costs: AB 37 originally enacted the reimbursement provisions
that this bill seeks to restore. The purpose of AB 37 was to
provide relief to counties who could not afford the costs
associated with special elections. AB 37 was enacted in
response to an increasing number of special elections to fill
vacancies in the wake of the enactment of term limits. AB 37
contained a sunset date of January 1, 1996.
AB 1709 (McPherson), Chapter 1102, Statutes of 1996, extended
the sunset date on AB 37 from January 1, 1996 to January 1,
2000. AB 547 (Longville), Chapter 790, Statutes of 1999,
further extended the sunset date to January 1, 2005. AB 183
(Longville) of 2001 would have removed the sunset date
altogether, but it was vetoed by Governor Davis, who in his
veto stated: "Given the decline of the state economy, there is
ample time to make this decision before the 2005 sunset." AB
783 (Jones), Chapter 714, Statutes of 2005, reinstated the
reimbursement provision enacted by AB 37 and extended the
sunset date from January 1, 2005 to January 1, 2006. AB 1799
(McCarthy), Chapter 727, Statutes of 2006, extended the sunset
date from January 1, 2006 until January 1, 2007. AB 119
(Price), Chapter 487, Statutes of 2007, restored the
reimbursement provision to apply to any special election held
on or after January 1, 2007 and before January 1, 2008.
REGISTERED SUPPORT / OPPOSITION:
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Support
Orange County Board of Supervisors (Sponsor)
California State Association of Counties
County of San Bernardino
Glendale City Employees Association
Los Angeles County Board of Supervisors
Organization of SMUD Employees
Rural County Representatives of California
San Bernardino Public Employees Association
San Luis Obispo County Employees Association
Urban Counties Caucus
Opposition
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None on file.
Analysis Prepared by:Lori Barber / E. & R. / (916) 319-2094