BILL ANALYSIS Ó
SB 415
Page 1
SENATE THIRD READING
SB
415 (Hueso)
As Amended June 23, 2015
Majority vote
SENATE VOTE: 24-13
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Elections |4-1 |Ridley-Thomas, Gatto, |Grove |
| | |Gordon, Perea | |
| | | | |
| | | | |
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SUMMARY: Prohibits a local government, beginning January 1,
2018, from holding an election on any date other than a
statewide election date if doing so in the past has resulted in
turnout that is at least 25% below the average turnout in that
jurisdiction in the last four statewide general elections, as
specified. Specifically, this bill:
1)Prohibits a political subdivision from holding an election
other than on a statewide election date if holding an election
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on a non-concurrent date has previously resulted in turnout
that is at least 25% less than the average voter turnout
within that political subdivision for the previous four
statewide general elections. Permits a voter who resides in a
political subdivision where a violation of this requirement is
alleged to file an action in the superior court in the county
in which the political subdivision is located.
2)Permits a political subdivision to continue to hold elections
on dates other than statewide election dates after January 1,
2018, notwithstanding the provisions of this bill, if the
political subdivision adopts a plan not later than January 1,
2018, to consolidate future elections with the statewide
election not later than the November 8, 2022, statewide
election.
3)Requires a court, upon finding a violation of this bill, 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. Permits a court to
require a county board of supervisors to approve the
consolidation of elections, as specified, when imposing
remedies.
4)Permits a prevailing plaintiff party in an action brought
pursuant to this bill, other than the state or a political
subdivision of the state, to recover reasonable attorney's
fees and litigation expenses, including, but not limited to,
expert witness fees and expenses as part of the costs, as
specified. Prohibits a prevailing defendant party from
recovering any costs unless the court finds the action to be
frivolous, unreasonable, or without foundation.
5)Provides that the provisions of this bill do not apply to
special elections.
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6)Provides that this bill shall become operative on January 1,
2018.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: 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."
Although existing law generally requires that regularly
scheduled county elections be held at the same time as statewide
elections, other local jurisdictions (e.g., cities, school
districts, and special districts) have greater flexibility when
deciding when to hold regularly scheduled elections that are
held to elect governing board members. Elections that are held
at the same time as statewide elections are often referred to as
"on-cycle" elections, while elections held at other times are
often referred to as "off-cycle" elections.
The California Constitution gives cities and counties the
ability to adopt charters, which give those jurisdictions
greater autonomy over local affairs. Charter cities, in
particular, are granted a great deal of autonomy over the rules
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governing the election of municipal officers. By potentially
compelling charter cities to change the dates of their regularly
scheduled municipal elections, this bill goes to the heart of
the autonomy granted to charter cities in the California
Constitution to determine the times at which municipal officers
are elected. This bill does not explicitly address the question
of whether it is intended to be applicable to charter cities,
however, so it is unclear whether those cities would be subject
to a lawsuit under this bill.
Although this bill establishes a legal process for voters in a
jurisdiction to challenge the timing of that jurisdiction's
regularly scheduled elections if there is a "significant
decrease in turnout" relative to turnout in statewide elections
in that same jurisdiction, in practice, this bill may force
almost all local jurisdictions to hold their regularly scheduled
elections at the same time as statewide elections. Although the
exact number of local governmental entities that would be
affected by this bill is unknown, a review of recent election
results suggests that most local jurisdictions that hold
regularly scheduled elections at a time other than at the same
time as statewide elections would be forced to change the dates
of their elections under this bill. Of more than five dozen
cities whose election results were examined as part of this
review, just two cities had turnout in their most recent
regularly scheduled municipal election that was less than 25%
lower than the average turnout in the city from the prior four
statewide general elections. It is likely that turnout at
off-cycle school district and special district elections also
regularly falls below the threshold set by this bill under which
local jurisdictions could be forced to move to conducting
elections at the same time as statewide elections.
AB 254 (Roger Hernández) of the current legislative session,
which is pending in the Senate Appropriations Committee,
requires general law cities, school districts, community college
districts, and special districts to hold their general elections
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and certain special elections at the same time as the statewide
primary or statewide general election, or in June or November of
odd-numbered years, beginning in 2020. AB 254 was approved by
the Assembly on a 44-31 vote.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by:
Ethan Jones / E. & R. / (916) 319-2094 FN:
0001119