BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      SB 49


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          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


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          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


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          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


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          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


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          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