SB 49, 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 authorize the Governor to declare a candidate for a legislative office elected if only one candidate for the legislative office qualifies to have his or her name printed on the special primary election ballot, and would cancel the special primary 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 that a candidate is declared elected, for purposes of the existing provisions described above, by the Secretary of State.
This bill would declare that it is to take effect immediately as an urgency statute.
The people of the State of California do enact as follows:
Section 10705 of the Elections Code is amended to read:
(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, 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, 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 that candidate may be declared elected by the 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.
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.
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