BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 49| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- VETO Bill No: SB 49 Author: Runner (R) Amended: 6/23/15 Vote: 27 - Urgency SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/16/15 AYES: Allen, Anderson, Hancock, Hertzberg, Liu SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 SENATE FLOOR: 38-0, 7/9/15 AYES: Allen, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Gaines, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen, Nielsen, Pan, Pavley, Roth, Runner, Stone, Vidak, Wieckowski, Wolk NO VOTE RECORDED: Anderson, Galgiani ASSEMBLY FLOOR: 70-4, 6/27/16 - See last page for vote SUBJECT: Elections: special elections SOURCE: Author DIGEST: This bill provides that when only one candidate for a legislative office qualifies to have his or her name printed on the special primary election ballot to fill a legislative vacancy, the Governor may cancel the election and that candidate will be declared elected. ANALYSIS: Existing law: SB 49 Page 2 1)Requires the Governor to issue a proclamation calling a special election within 14 calendar days of the occurrence of a vacancy in a congressional or legislative office. If that vacancy occurs after the close of the nomination period in the final year of the term of office, the Governor may decline to call a special congressional election and he is prohibited from calling a special legislative election. 2)Requires a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor, except that any special election may be conducted within 180 days following the proclamation in order that the election or the primary election may be consolidated with the next regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50 percent of all the voters eligible to vote on the vacancy. 3)Requires that a special primary election to fill a legislative or congressional vacancy occur on the ninth or tenth Tuesday prior to the special general election. 4)Requires that nomination papers for one of these special vacancy elections must be submitted to the appropriate county elections official no later than 53 days prior to the special primary election. 5)Requires every person who desires to be a write-in candidate and have his or her name as written on the ballot of an election counted for a particular office to file with the appropriate elections official a statement of write-in candidacy no later than 14 days prior to the election. 6)Provides that if any candidate receives a majority of all votes cast, he or she shall be declared elected, and no special general election shall be held. SB 49 Page 3 7)Provides that if only one person has filed nomination papers for a municipal office the governing body of the city may appoint that person to the office instead of holding the election. 8)Provides that if only one person has filed nomination papers for a district office the supervising authority of the district may appoint that person to the office instead of holding the election unless a petition signed by 10 percent of the voters or 50 voters, whichever is the smaller number, in the district or division if elected by division, requesting that the general district election be held. 9)Provides that if only the incumbent has filed nomination papers for the office of superior court judge, his or her name will not appear on the ballot unless within 10 days after the filing deadline a petition is filed indicating that a write-in campaign will be conducted for the office which is signed by one-tenth of one percent of the registered voters qualified to vote for that office, except that the petition must have no fewer than 100 and does not need more than 600 signatures. This bill: 1)Provides that when only one candidate for a legislative office qualifies to have his or her name printed on the special primary election ballot to fill a legislative vacancy, the Governor may cancel the election and that candidate will be declared elected. 2)Requires the Governor to rescind the proclamation calling for the special election if a special primary election is canceled because a candidate has been declared elected in this manner. 3)Contains an urgency clause thereby providing that it takes effect immediately as an urgency statute. Background Recent Proliferation of Special Vacancy Elections. Since 2009 there have been a total of 39 special elections to fill legislative vacancies in California, the majority of which were SB 49 Page 4 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 result in an average of $1 million, depending on the size of the county or counties affected. Costs are much lower if the vacancy election is consolidated with another election. The price tag of special elections is more concerning when factored with the typical low voter turnout associated with them. State Funding of Vacancy Elections. From 1993 through 2007, the state reimbursed California counties for the costs of special elections held to fill legislative and congressional vacancies. However, the provision of state law that required the state to reimburse counties for these costs expired January 1, 2008. Since 2008, numerous bills to continue state reimbursement have all failed passage in the Legislature. Filling Legislative Vacancies in Other States. According to the National Conference of State Legislatures, when a vacancy occurs in the legislature, 23 states hold a special election to fill the vacancy, 26 states fill vacancies by appointment and one state allows party committees to choose to hold a special primary election or to hold a party convention. There is considerable variation among the states in terms of who makes the appointment, and whether the appointee must be of the same political party as the person vacating the seat. Elected State Offices that the Governor May Fill by Appointment. Existing law vests the Governor with specific appointing authority. Whenever there is a vacancy in the office of the Superintendent of Public Instruction, Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor shall 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. While this bill does not grant the Governor the ability to fill legislative vacancies by appointment, it does permit the Governor to declare a candidate for a legislative office elected SB 49 Page 5 at a special primary election to fill a legislative vacancy if only one candidate for the legislative office qualifies to have his or her name printed on the special primary election ballot. Comments 1)According to the author, earlier this 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 Assemblymember Carol Migden in 1996. These single candidate special elections cost counties millions of taxpayer dollars. Current law does not provide any alternative to actually conducting the special election once the Governor has set the date. Los Angeles County spent $1.4 million on the special election earlier this year while San Bernardino County spent $221,000.00 2)No Write-In Candidates Allowed. Under this bill, a special election to fill a legislative vacancy could be canceled if only one candidate files nomination papers by the deadline to appear on the special primary ballot. This would effectively preclude any potential write-in candidates from being able to seek the office. As stated in the "Existing law" section, above, such a precedent exists for some local offices although a specified petition can force the election to proceed for district and judicial elections. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SUPPORT: (Verified7/8/15) California State Association of Counties Sacramento County Board of Supervisors San Bernardino County OPPOSITION: (Verified7/8/15) SB 49 Page 6 None received GOVERNOR'S VETO MESSAGE: To the Members of the California State Senate: I am returning Senate Bill 49 without my signature. When only one candidate qualifies for a special primary election ballot to fill a legislative vacancy, this bill permits a Governor to cancel the election and declare the candidate elected. In the situation envisioned by this bill, potential write-in candidates would be excluded from participating in the election. This doesn't seem consistent with democratic principles that call for choice and robust debate. ASSEMBLY FLOOR: 70-4, 6/27/16 AYES: Achadjian, Alejo, Arambula, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Wagner, Waldron, Weber, Wilk, Williams, Wood NOES: Travis Allen, Gordon, Levine, Ting NO VOTE RECORDED: Atkins, Brough, Gray, Medina, Thurmond, Rendon SB 49 Page 7 Prepared by: Darren Chesin / E. & C.A. / (916) 651-4106 7/29/16 10:51:49 **** END ****