BILL NUMBER: SB 49	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 20, 2015
	AMENDED IN SENATE  APRIL 8, 2015

INTRODUCED BY   Senator Runner

                        DECEMBER 19, 2014

   An act to amend Section 10705 of the Elections Code, relating to
 elections.   elections, and declaring the
urgency ther   eof, to take effect immediately. 


	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  require the Secretary of State 
 authorize the Governor  to declare a candidate for a
legislative office elected  and would cancel the special
primary election and special general election  if only one
candidate for the legislative office qualifies to have his or her
name printed on the special primary election  ballot and no
person has qualified to be a write-in candidate at the special
primary election.   ballot, and would cancel the special
prim   ary election and special   general election
if the Governor declares such a candidate elected.  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  clarify  
specify  that a candidate is declared elected, for purposes of
the existing provisions described above, by the  Secretary of
State.   Governor.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  majority   2/3  . 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  Secretary of State,   Governor,  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  Secretary of State, 
 Governor,  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
 and no person has qualified to be a write-in candidate at
the special primary election,  that candidate  shall
 may  be declared elected by the 
Secretary of State, and   Governor. If a candidate is
declared elected by the Governor pursuant to this subdivision, 
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.
   SEC. 2.    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:
 
   In order to prevent the unnecessary expenditure of state and local
moneys on special elections, it is necessary that this act take
effect immediately.