BILL ANALYSIS Ó SENATE COMMITTEE ON ELECTIONS AND CONSTITUTIONAL AMENDMENTS Senator Benjamin Allen, Chair 2015 - 2016 Regular Bill No: SB 415 Hearing Date: 4/21/15 ----------------------------------------------------------------- |Author: |Hueso | |-----------+-----------------------------------------------------| |Version: |4/15/15 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |No | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|Frances Tibon Estoista | | | | ----------------------------------------------------------------- Subject: Voter participation DIGEST This bill prohibits a local political subdivision from holding an election on a date other than on a statewide election date if it has previously resulted in voter turnout that was at least 5% lower than the average turnout within that political subdivision for the previous four statewide general elections. This bill permits a voter who resides in a political subdivision where a violation is alleged to file an action to enforce this prohibition and requires a court to implement specified remedies including a change of election dates. ANALYSIS Existing law: 1. Provides that the following dates are "established election dates": A. The second Tuesday of April in each even-numbered year; B. The first Tuesday after the first Monday in March of each odd-numbered year; C. The first Tuesday after the first Monday in June in each year; and, SB 415 (Hueso) Page 2 of ? D. The first Tuesday after the first Monday in November in each year. 2. Requires all state, county, municipal, district, and school district elections to be held on an established election date, except as specified. 3. Generally provides that any local political subdivision may submit a resolution to the relevant county board of supervisors that its regular elections be held on the same day as a statewide election. The board of supervisors must approve the resolution unless it finds that the ballot style, voting equipment, or computer capacity is such that additional elections or materials cannot be handled. This bill: 1. Creates the California Voter Participation Rights Act which prohibits a political subdivision from holding an election other than on a statewide election date if holding an election on a non-concurrent date has previously resulted in a significant decrease in voter turnout. 2. Defines "significant decrease in voter turnout" as the voter turnout for a regularly-scheduled election in a political subdivision that is at least 5% less than the average voter turnout within that political subdivision for the previous four statewide general elections. 3. Permits a voter who resides in a political subdivision where a violation is alleged to file an action in the superior court of the county in which the political subdivision is located. 4. Requires upon finding of a violation, the court to implement appropriate remedies, including the imposition of concurrent election dates for future elections and the upgrade of voting equipment or systems to do so. In imposing remedies, a court may also require a county board of supervisors to approve consolidation. 5. Defines "political subdivision" as a geographic area of representation created for the provision of government services, including, but not limited to, a city, a school district, a community college district, or other district SB 415 (Hueso) Page 3 of ? organized pursuant to state law. 6. Defines "voter turnout" as the percentage of voters who are eligible to cast ballots within a given political subdivision who voted (i.e., registered voters within the affected jurisdiction). 7. Requires the court to allow the prevailing plaintiff other than the state or political subdivision thereof, reasonable attorney's fees and litigation expenses including, but not limited to, expert witness fees and expenses as part of the costs. Also requires prevailing defendant to not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation. 8. Does not apply to special elections. 9. Becomes operative on January 1, 2018. BACKGROUND History of Established Election Dates : In 1973, the Legislature approved and Governor Reagan signed SB 230 (Biddle), Chapter 1146, Statutes of 1973, which created "regular election dates" (which subsequently were renamed "established election dates"). The concept behind having a regular election schedule that governed when most elections would be held was that such a schedule would encourage election consolidations, thereby potentially reducing election costs, and could encourage greater voter participation because voters would become used to voting on these regular election dates. SB 230 created five established election dates in each two-year cycle-three in even-numbered years (in March, June, and November), and two in odd-numbered years (in March and November). One year after established election dates were first created, AB 4180 (Keysor), Chapter 1386, Statutes of 1974, added an additional established election date in May of odd-numbered years. The rationale for adding an established election date was that the eight-month gap between established election dates in March and November of odd-numbered years delayed many special local elections from taking place in a timely manner, including elections to fill vacancies, annexation elections, bond elections, and tax rate elections. Since that time, the exact SB 415 (Hueso) Page 4 of ? dates that are established election dates have fluctuated, often moving to reflect changes in the date of the statewide primary election held in even-numbered years, though generally there have been at least three established election dates in each year. Having multiple established election dates in each year, but specifying that many types of elections must be held on an established election date, reflects an attempt to balance the desire to hold most elections on a predictable, regular schedule, while still providing the flexibility to ensure that elections can occur in a timely manner when necessary. COMMENTS 1. According to the author : Voter turnout in local elections held on odd-numbered years has been abysmal. On average, less than 30% of registered voters have come out to vote in local odd-year elections. As a result of low voter turnout, the voting population often does not look like the general public as a whole and neither does the city council. While there is no silver bullet, one way to increase voter turnout in local elections is to hold them concurrently with statewide and federal elections, where voter turnout is often twice as high. Elections held on the same date can help reduce voter fatigue and make voting more habit forming, while saving local government on administrative costs. For example, the City of San Diego in 2012 spent 42 cents per voter on elections and saw a 70% voter turnout. The City of Los Angeles in 2011 spent $39.35 per voter for a voter turnout of 14.1%. This bill is attempting to remedy the low voter turnout of local elections held in off-cycle election years by giving individuals the right to challenge local government for holding costly elections with little voter turnout. 2. Is the 5% Trigger Too Low ? According to statistics published by the Secretary of State, average turnout among registered voters for the last four statewide general elections was 63.39%. Conversely, the average turnout for off-year local elections is usually much lower. For instance, turnout of registered voters for the March 3, 2015 municipal election SB 415 (Hueso) Page 5 of ? conducted in the City of Los Angeles was only 9.9%. The November 5, 2013 municipal election in the City and County of San Francisco was significantly better than Los Angeles but still only 29.3% of registered voters. Under this bill, a local political subdivision with turnout that is just short of being within 5% of the recent average statewide general election turnout (e.g., 58%) could be forced to change its election dates. Should this 5% trigger be increased to truly reflect turnout in political subdivisions that is significantly lower than statewide general election turnout? RELATED/PRIOR ELECTION AB 2550 (R. Hernández) of 2014 among other things, would have required general municipal and general district elections held on or after July 1, 2015, to be held on the first Tuesday after the first Monday in June of even-numbered years, or on the first Tuesday after the first Monday in November of each odd-numbered or even-numbered year, subject to certain exceptions. That bill died on Suspense in Assembly Appropriations Committee. AB 254 (R. Hernández) of 2015 requires all cities, school districts, community college districts, and special districts, as of January 1, 2020, to hold their general elections at the same time as the statewide primary or statewide general election, i.e. in even-numbered years, or on the first Tuesday after the first Monday in June or November of odd-numbered years. The bill is currently on the Assembly Appropriations Committee Suspense file. POSITIONS Sponsor: Author Support: None received Oppose:Desert Water Agency -- END -- SB 415 (Hueso) Page 6 of ?