BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                         SB 49|
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                                        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:








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          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.









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          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  








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          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  








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          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)








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          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










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          Prepared by:  Darren Chesin / E. & C.A. / (916) 651-4106
          7/29/16 10:51:49


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