California Legislature—2015–16 Regular Session

Assembly BillNo. 2152


Introduced by Assembly Member Gray

(Coauthor: Assembly Member Olsen)

(Coauthors: Senators Cannella and Galgiani)

February 17, 2016


An act to amend, repeal, and add Section 13109 of the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL’S DIGEST

AB 2152, as introduced, Gray. Elections: ballots: ballot order.

Existing law requires all voting to be by ballot and requires each polling place to provide, at each election at which public officers are to be voted for, but one form of ballot for all candidates for public office, except for partisan primary elections, as specified. Existing law specifies the order of precedence of offices on the ballot and authorizes a county elections official to vary the order for certain offices and measures submitted to the voters, in order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined. Existing law requires state measures to always precede local measures.

This bill, for the November 8, 2016, statewide general election only, would authorize a county board of supervisors to direct the county elections official to place a local measure related to a local transportation tax above state measures.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 23. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 13109 of the Elections Code is amended
2to read:

3

13109.  

The order of precedence of offices on the ballot shall
4be as listed below for those offices and measures that apply to the
5election for whichbegin delete thisend deletebegin insert theend insert ballot is provided. Beginning in the
6column to the left:

7(a) Under the heading, PRESIDENT AND VICE PRESIDENT:

8Nominees of the qualified political parties and independent
9nominees for President and Vice President.

10(b) Under the heading, PRESIDENT OF THE UNITED
11STATES:

12(1) Names of the presidential candidates to whom the delegates
13are pledged.

14(2) Names of the chairpersons of unpledged delegations.

15(c) Under the heading, STATE:

16(1) Governor.

17(2) Lieutenant Governor.

18(3) Secretary of State.

19(4) Controller.

20(5) Treasurer.

21(6) Attorney General.

22(7) Insurance Commissioner.

23(8) Member, State Board of Equalization.

24(d) Under the heading, UNITED STATES SENATOR:

25Candidates or nominees to the United States Senate.

26(e) Under the heading, UNITED STATES REPRESENTATIVE:

27Candidates or nominees to the House of Representatives of the
28United States.

29(f) Under the heading, STATE SENATOR:

30Candidates or nominees to the State Senate.

31(g) Under the heading, MEMBER OF THE STATE
32ASSEMBLY:

33Candidates or nominees to the Assembly.

34(h) Under the heading, COUNTY COMMITTEE:

35Members of the County Central Committee.

36(i) Under the heading, JUDICIAL:

37(1) Chief Justice of California.

38(2) Associate Justice of the Supreme Court.

P3    1(3) Presiding Justice, Court of Appeal.

2(4) Associate Justice, Court of Appeal.

3(5) Judge of the Superior Court.

4(6) Marshal.

5(j) Under the heading, SCHOOL:

6(1) Superintendent of Public Instruction.

7(2) County Superintendent of Schools.

8(3) County Board of Education Members.

9(4) College District Governing Board Members.

10(5) Unified District Governing Board Members.

11(6) High School District Governing Board Members.

12(7) Elementary District Governing Board Members.

13(k) Under the heading, COUNTY:

14(1) County Supervisor.

15(2) Other offices in alphabetical order by the title of the office.

16(l) Under the heading, CITY:

17(1) Mayor.

18(2) Member, City Council.

19(3) Other offices in alphabetical order by the title of the office.

20(m) Under the heading, DISTRICT:

21Directors or trustees for each district in alphabetical order
22according to the name of the district.

23(n) Under the heading, MEASURES SUBMITTED TO THE
24VOTERS and the appropriate heading from subdivisions (a)
25through (m), above, ballot measures in the order, state through
26district shown above, and within each jurisdiction, in the order
27prescribed by the official certifying them for the ballot.

28(o) begin insert(1)end insertbegin insertend insert In order to allow for the most efficient use of space on
29the ballot in counties that use a voting system, as defined in Section
30362, the county elections official may vary the order of
31subdivisions (j), (k), (l), (m), and (n) as well as the order of offices
32within these subdivisions. However, the office of Superintendent
33of Public Instruction shall always precede any school, county, or
34city office, and state measures shall always precede local measures.

begin insert

35(2) Notwithstanding paragraph (1), for the November 8, 2016,
36statewide general election only, a county board of supervisors may
37direct the county elections official to place a local measure related
38to a local transportation tax above state measures.

end insert
begin insert

P4    1(p) This section shall remain in effect only until January 1, 2017,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2017, deletes or extends that date.

end insert
4

SEC. 2.  

Section 13109 is added to the Elections Code, to read:

5

13109.  

The order of precedence of offices on the ballot shall
6be as listed below for those offices and measures that apply to the
7election for which the ballot is provided. Beginning in the column
8to the left:

9(a) Under the heading, PRESIDENT AND VICE PRESIDENT:

10Nominees of the qualified political parties and independent
11nominees for President and Vice President.

12(b) Under the heading, PRESIDENT OF THE UNITED
13STATES:

14(1) Names of the presidential candidates to whom the delegates
15are pledged.

16(2) Names of the chairpersons of unpledged delegations.

17(c) Under the heading, STATE:

18(1) Governor.

19(2) Lieutenant Governor.

20(3) Secretary of State.

21(4) Controller.

22(5) Treasurer.

23(6) Attorney General.

24(7) Insurance Commissioner.

25(8) Member, State Board of Equalization.

26(d) Under the heading, UNITED STATES SENATOR:

27Candidates or nominees to the United States Senate.

28(e) Under the heading, UNITED STATES REPRESENTATIVE:

29Candidates or nominees to the House of Representatives of the
30United States.

31(f) Under the heading, STATE SENATOR:

32Candidates or nominees to the State Senate.

33(g) Under the heading, MEMBER OF THE STATE
34ASSEMBLY:

35Candidates or nominees to the Assembly.

36(h) Under the heading, COUNTY COMMITTEE:

37Members of the County Central Committee.

38(i) Under the heading, JUDICIAL:

39(1) Chief Justice of California.

40(2) Associate Justice of the Supreme Court.

P5    1(3) Presiding Justice, Court of Appeal.

2(4) Associate Justice, Court of Appeal.

3(5) Judge of the Superior Court.

4(6) Marshal.

5(j) Under the heading, SCHOOL:

6(1) Superintendent of Public Instruction.

7(2) County Superintendent of Schools.

8(3) County Board of Education Members.

9(4) College District Governing Board Members.

10(5) Unified District Governing Board Members.

11(6) High School District Governing Board Members.

12(7) Elementary District Governing Board Members.

13(k) Under the heading, COUNTY:

14(1) County Supervisor.

15(2) Other offices in alphabetical order by the title of the office.

16(l) Under the heading, CITY:

17(1) Mayor.

18(2) Member, City Council.

19(3) Other offices in alphabetical order by the title of the office.

20(m) Under the heading, DISTRICT:

21Directors or trustees for each district in alphabetical order
22according to the name of the district.

23(n) Under the heading, MEASURES SUBMITTED TO THE
24VOTERS and the appropriate heading from subdivisions (a)
25through (m), above, ballot measures in the order, state through
26district shown above, and within each jurisdiction, in the order
27prescribed by the official certifying them for the ballot.

28(o) In order to allow for the most efficient use of space on the
29ballot in counties that use a voting system, as defined in Section
30362, the county elections official may vary the order of
31subdivisions (j), (k), (l), (m), and (n) as well as the order of offices
32within these subdivisions. However, the office of Superintendent
33of Public Instruction shall always precede any school, county, or
34city office, and state measures shall always precede local measures.

35(p) This section shall become operative on January 1, 2017.

36

SEC. 3.  

This act is an urgency statute necessary for the
37immediate preservation of the public peace, health, or safety within
38the meaning of Article IV of the Constitution and shall go into
39immediate effect. The facts constituting the necessity are:

P6    1In order for county boards of supervisors and county elections
2officials to have sufficient time to implement the provisions of this
3bill prior to the November 8, 2016, statewide general election, it
4is necessary that this act take effect immediately.



O

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