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
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|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 | |
| | | | |
| | | | |
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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
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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