BILL ANALYSIS Ó SB 49 Page 1 SENATE THIRD READING SB 49 (Runner) As Amended June 23, 2015 2/3 vote. Urgency SENATE VOTE: 38-0 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Elections |4-2 |Ridley-Thomas, Grove, |Travis Allen, Gatto | | | |Mullin, Perea | | | | | | | |----------------+-----+----------------------+--------------------| |Appropriations |20-0 |Gonzalez, Bigelow, | | | | |Bloom, Bonilla, | | | | |Bonta, Calderon, | | | | |Chang, McCarty, | | | | |Eggman, Gallagher, | | | | |Eduardo Garcia, Chau, | | | | |Holden, Jones, | | | | |Obernolte, Quirk, | | | | |Santiago, Wagner, | | | | |Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------ SB 49 Page 2 SUMMARY: Permits the Governor to declare a candidate for legislative office elected at a special primary election to fill a legislative vacancy, as specified. Specifically, this bill: 1)Authorizes the Governor, if only one candidate for a legislative office qualifies to have his or her name printed on a special primary election ballot to fill a legislative vacancy, to declare the candidate elected. 2)Provides that the special primary election and special general election will not be held if the Governor declares a candidate elected pursuant to the provisions of this bill and requires the Governor to rescind the proclamation calling the special election. 3)Contains an urgency clause, allowing this bill to take effect immediately upon enactment. EXISTING LAW: 1)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, as specified. 2)Provides that if only one candidate qualifies to have his or her name printed on the special general election ballot, that candidate shall be declared elected, and no special general election shall be held. FISCAL EFFECT: According to the Assembly Appropriations Committee, significant savings to counties from not having to SB 49 Page 3 conduct special elections when a candidate is declared elected pursuant to this bill. Such special elections, if not consolidated with another election, typically cost in excess of $1 million. From 1993 through 2007, the state reimbursed California counties for the costs of special elections held to fill legislative and congressional vacancies. Provisions requiring the state to reimburse counties for these costs expired January 1, 2008, however. Since that time, numerous bills to continue state reimbursement have all failed passage. COMMENTS: According to the author, "[Last] year a special election was conducted to fill a vacancy in Senate District 21. Senator Runner was the only candidate who qualified to appear on the ballot. A similar circumstance prevailed during the election of Senator Carol Migden in 1996. In fact, since 1979 there has only been 3 instances where this was the case. While most candidates may desire an election where they are the only qualified candidate on the ballot, I was troubled by the enormous cost to our counties and ultimately to taxpayers to conduct such an election. In the Senate District election to fill the vacancy, Los Angeles County spent $1.4 million while San Bernardino incurred costs of $221,000." California Constitution Article V, Section 5 vests the Governor with appointing authority to fill vacancies in specified offices. Specifically, Section 5 requires the Governor, whenever there is a vacancy in the office of the Superintendent of Public Instruction, Lieutenant Governor, Secretary of State (SOS), Controller, Treasurer, or Attorney General, or on the State Board of Equalization, to nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly. However, if there is a congressional or legislative vacancy, state law requires a special election to be SB 49 Page 4 held to fill that vacancy, as specified. This bill provides the Governor with new authority to declare a candidate for legislative office elected to fill a legislative vacancy. Since 2009, there have been a total of 38 special elections to fill legislative vacancies in California, the majority of which were not consolidated with statewide elections. Special vacancy elections are generally unexpected; therefore, counties cannot forecast the cost in their budgets. According to county elections officials affected by special elections, costs associated with conducting special elections average $1 million, depending on the size of the county or counties affected. While current law prohibits a person from being a write-in candidate at a general election for a voter-nominated office, it permits write-in candidates at primary elections. Existing law requires a candidate's nomination papers for a special primary election to be submitted to the appropriate elections officials for examination and filed with the SOS not less than 53 days prior to the primary election. A write-in candidate, however, is required to have his or her nomination papers filed 14 days prior to the election. This bill permits the Governor to cancel a special primary election and a special general election for a legislative vacancy if only one candidate files his or her nomination papers by the deadline and qualifies to have his or her name appear on the special primary ballot. In other words, if only one candidate submits his or her nomination papers by the 53-day deadline and qualifies to have his or her name on the special primary election ballot, the provisions of this bill authorize the Governor to declare that candidate for legislative office elected. As a result this would preclude potential write-in candidates from being able to seek the office as the deadline to file nominations papers for a write-in candidate is 14 days prior to the election. Such a precedent exists for some local offices although in some cases, voters can force the election to be held by filing a petition containing a specified number of signatures. SB 49 Page 5 Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002935