Amended in Senate May 20, 2015

Amended in Senate April 8, 2015

Senate Bill No. 49

Introduced by Senator Runner

December 19, 2014

An act to amend Section 10705 of the Elections Code, relating to begin delete elections. end delete begin insert elections, and declaring the urgency thereof, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 49, as amended, Runner. Elections: special elections.

Existing law requires the Governor, within 14 calendar days of the occurrence of a vacancy in a congressional or legislative office, to issue a proclamation calling a special election in accordance with certain requirements. Existing law requires a special primary election in the district in which the vacancy occurred to be held on the 9th or 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Existing law requires all candidates to be listed on one ballot and, if any candidate receives a majority of all votes cast at the special primary election, requires that the candidate receiving the majority of the votes cast be declared elected and cancels the special general election. Existing law also requires that a candidate be declared elected and cancels the special general election if only one candidate qualifies to have his or her name printed on the special general election ballot.

This bill would begin delete require the Secretary of State end delete begin insert authorize the Governor end insert to declare a candidate for a legislative office elected begin delete and would cancel the special primary election and special general election end delete if only one candidate for the legislative office qualifies to have his or her name printed on the special primary election begin delete ballot and no person has qualified to be a write-in candidate at the special primary election. end delete begin insert ballot, and would cancel the special primary election and special general election if the Governor declares such a candidate elected. end insert The bill would also require the Governor to rescind the proclamation calling for the special election if a special primary election or a special general election is canceled because a candidate has been declared elected, as specified. The bill would begin delete clarify end delete begin insert specify end insert that a candidate is declared elected, for purposes of the existing provisions described above, by the begin delete Secretary of State. end delete begin insert Governor. end insert

begin insert

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

end insert

Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

Section 10705 of the Elections Code is amended
to read:

10705.  

(a) All candidates shall be listed on one ballot and,
except as provided in subdivision (b), if a candidate receives a
majority of all votes cast, he or she shall be declared elected by
the begin delete Secretary of State, end delete begin insert Governor, end insert and the special general election
shall not be held.

(b) If only one candidate qualifies to have his or her name
printed on the special general election ballot, that candidate shall
be declared elected by the begin delete Secretary of State, end delete begin insert Governor, end insert and the
special general election shall not be held.

(c) If only one candidate for a legislative office qualifies to have
his or her name printed on the special primary election ballot begin delete and
no person has qualified to be a write-in candidate at the special
primary election, end delete that candidate begin delete shall end delete begin insert may end insert be declared elected by
the begin delete Secretary of State, and end delete begin insert Governor. If a candidate is declared
elected by the Governor pursuant to this subdivision, end insert the special
primary election and special general election shall not be held.

(d) If, pursuant to any of subdivisions (a) to (c), inclusive, a
special primary election or a special general election will not be
held, the Governor shall rescind the proclamation calling the special
election.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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

end insert begin insert

In order to prevent the unnecessary expenditure of state and
local moneys on special elections, it is necessary that this act take
effect immediately.

end insert