Senate Bill No. 1288

Introduced by Senator Leno

February 19, 2016

An act to amend Sections 5013, 5020, 5027, 5028, and 72036 of, and to add Sections 1018, 1019, 1020, 5010, 5032, and 5096 to, the Education Code, to amend and renumber Sections 22000 and 22001 of, to add Section 8141.3 to, and to add Division 22 (commencing with Section 22000) to, the Elections Code, to amend Sections 25040, 25041, and 25061 of, to add Section 25001 to, and to add Article 4 (commencing with Section 34910) to Chapter 4 of Part 1 of Division 2 of Title 4 of, the Government Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1288, as introduced, Leno. Elections: local voting methods.

Under existing law, a candidate for nonpartisan office who receives votes on the majority of all ballots cast at a primary election is elected to that office, and the office does not appear on the ballot in the ensuing general election. Existing law prescribes which candidates appear on the ballot in the ensuing general election if no candidate has been elected pursuant to this provision, or if the number of candidates elected at the primary election is less than the total number to be elected to that office. Under existing law, these provisions do not apply to elections to fill certain enumerated offices.

This bill would extend these provisions to the nomination of officers for any district not formed for municipal purposes, officers for general law cities, and school district officers.

Existing law provides procedures for the election of candidates for elective offices in cities, counties, and local educational agencies. Existing law specifies the circumstances in which voters in these jurisdictions may elect officers at large or from or by district. Existing law prescribes the length of various terms of office for locally elected officials, and it requires certain multimember bodies to have staggered terms of office.

This bill would authorize a city, county, or local educational agency to conduct an election using ranked voting, in which voters rank the candidates for office in order of preference, as specified. The bill would also allow a jurisdiction using ranked voting to eliminate staggered terms for a multimember body in certain circumstances. This bill would specify the procedures for conducting an election using ranked voting as it applies to both a single-winner election and a multiple-winner election.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 1018 is added to the Education Code, to
read:

1018.  

(a) Notwithstanding any other provision of this article,
the county board of education may adopt, or the residents of the
county may propose by initiative, a proposal to elect members of
the county board of education by ranked voting. The proposal shall
specify whether the members shall be elected at large or by or
from district. A proposal to elect members by ranked voting shall
apply prospectively only and shall not become operative unless it
is submitted to the electors of the county at a regularly scheduled
election and a majority of the votes cast on the question favor the
adoption of the proposal.

(b) An initiative measure proposed pursuant to subdivision (a)
is subject to the procedures set forth in Chapter 2 (commencing
with Section 9100) of Division 9 of the Elections Code.

(c) If a county board of education authorizes its members to be
elected at large by ranked voting pursuant to subdivision (a), the
county board of education, or a resident by initiative, may also
submit to the registered voters a proposal providing for the election
of one or more board members to serve transitional terms in order
to eliminate staggered terms on the board. A transitional term
authorized by this section shall not shorten a term of office that
has already started.

(d) This section does not authorize a county board of education
to elect members at large if it is required by a court order or
judgment to elect its members by or from district.

SEC. 2.  

Section 1019 is added to the Education Code, to read:

1019.  

(a) If a county board of education authorizes the use of
ranked voting pursuant to Section 1018, before that method is used
in any election, a county elections official may certify to the county
board of supervisors and county superintendent of schools that the
county lacks the technological capacity to conduct elections by
this method. The elections official shall provide this certification
at least seven days, and not more than 60 days, before any
candidate begins circulating a nomination paper.

(b) If a county elections official provides a certification pursuant
to subdivision (a), the county board of education shall conduct its
next election in the same manner as its most recent prior election
was conducted.

SEC. 3.  

Section 1020 is added to the Education Code, to read:

1020.  

A special election to fill one or more vacancies with
ranked voting and an election to elect one or more other members
of the county board to full terms using ranked voting that are held
on the same day shall be consolidated into a single contest if the
board is elected at large or the contests to be consolidated are for
members elected by or from the same trustee area.

SEC. 4.  

Section 5010 is added to the Education Code, to read:

5010.  

(a) Notwithstanding any other provision of this article,
the governing board of a school district or community college
district may adopt a resolution authorizing the election of members
of the governing board by ranked voting. The resolution shall
specify whether the members elected pursuant to this method shall
be elected at large or by or from district, and it shall be presented
to the electors of the school district pursuant to Section 5020. A
resolution adopted pursuant to this subdivision shall apply
prospectively only.

(b) The governing board of a school district or community
college district that authorizes members to be elected at large by
ranked voting pursuant to subdivision (a) may also by resolution
presented to the electors authorize the election of one or more
members to serve transitional two-year terms in order to eliminate
staggered terms on the board. A transitional two-year term shall
not shorten a term of office that has already started.

(c) Except as provided in subdivision (b), the term of office for
a member elected pursuant to this section shall be four years.

(d) This section does not authorize the governing board of a
school district or community college district to elect members at
large if it is required by a court order or judgment to elect its
members by or from district.

SEC. 5.  

Section 5013 of the Education Code is amended to
read:

5013.  

begin delete The end delete begin insert (a) end insert begin insert   end insert begin insert Except as provided in subdivision (b), the end insert form
of ballot for governing board member elections shall be governed
by Chapter 2 (commencing with Section 13100) of Division 13 of
the Elections Code.

begin insert

(b) The form of ballot for governing board member elections
conducted by ranked voting shall be governed by Division 22 of
the Elections Code.

end insert

SEC. 6.  

Section 5020 of the Education Code is amended to
read:

5020.  

(a) The resolution of the county committee approving
a proposal to establish or abolish trustee areas, to adopt one of the
alternative methods of electing governing board members specified
in Section begin insert 5010 or end insert 5030, or to increase or decrease the number of
members of the governing board shall constitute an order of
election, and the proposal shall be presented to the electors of the
district not later than the next succeeding election for members of
the governing board.

(b) If a petition requesting an election on a proposal to rearrange
trustee area boundaries is filed, containing at least 5 percent of the
signatures of the district’s registered voters as determined by the
elections official, the proposal shall be presented to the electors
of the district, at the next succeeding election for the members of
the governing board, at the next succeeding statewide primary or
general election, or at the next succeeding regularly scheduled
election at which the electors of the district are otherwise entitled
to vote, provided that there is sufficient time to place the issue on
the ballot.

(c) If a petition requesting an election on a proposal to establish
or abolish trustee areas, to increase or decrease the number of
members of the board, or to adopt one of the alternative methods
of electing governing board members specified in Section begin insert 5010
or end insert 5030 is filed, containing at least 10 percent of the signatures of
the district’s registered voters as determined by the elections
official, the proposal shall be presented to the electors of the
district, at the next succeeding election for the members of the
governing board, at the next succeeding statewide primary or
general election, or at the next succeeding regularly scheduled
election at which the electors of the district are otherwise entitled
to vote, provided that there is sufficient time to place the issue on
the ballot. Before the proposal is presented to the electors, the
county committee on school district organization may call and
conduct one or more public hearings on the proposal.

(d) The resolution of the county committee approving a proposal
to establish or abolish a common governing board for a high school
and an elementary school district within the boundaries of the high
school district shall constitute an order of election. The proposal
shall be presented to the electors of the district at the next
succeeding statewide primary or general election, or at the next
succeeding regularly scheduled election at which the electors of
the district are otherwise entitled to vote, provided that there is
sufficient time to place the issue on the ballot.

(e) For each proposal there shall be a separate proposition on
the ballot. The ballot shall contain the following words:

“For the establishment (or abolition or rearrangement) of trustee
areas in ____ (insert name) School District--Yes” and “For the
establishment (or abolition or rearrangement) of trustee areas in
____ (insert name) School District--No.”

“For increasing the number of members of the governing board
of ____ (insert name) School District from five to seven--Yes”
and “For increasing the number of members of the governing board
of ____ (insert name) School District from five to seven--No.”

“For decreasing the number of members of the governing board
of ____ (insert name) School District from seven to five--Yes”
and “For decreasing the number of members of the governing
board of ____ (insert name) School District from seven to
five--No.”

“For the election of each member of the governing board of the
____ (insert name) School District by the registered voters of the
entire ____ (insert name) School District--Yes” and “For the
election of each member of the governing board of the ____ (insert
name) School District by the registered voters of the entire ____
(insert name) School District--No.”

begin insert

“For the election of each member of the governing board of the
____ (insert name) School District by the registered voters of the
entire ____ (insert name) School District using ranked
voting--Yes” and “For the election of each member of the
governing board of the ____ (insert name) School District by the
registered voters of the entire ____ (insert name) School District
using ranked voting --No.”

end insert

“For the election of one member of the governing board of the
____ (insert name) School District residing in each trustee area
elected by the registered voters in that trustee area--Yes” and “For
the election of one member of the governing board of the ____
(insert name) School District residing in each trustee area elected
by the registered voters in that trustee area--No.”

begin insert

“For the election of one member of the governing board of the
____ (insert name) School District residing in each trustee area
elected by the registered voters in that trustee area using ranked
voting --Yes” and “For the election of one member of the
governing board of the ____ (insert name) School District residing
in each trustee area elected by the registered voters in that trustee
area using ranked voting --No.”

end insert

“For the election of one member, or more than one member for
one or more trustee areas, of the governing board of the ____
(insert name) School District residing in each trustee area elected
by the registered voters of the entire ____ (insert name) School
District--Yes” and “For the election of one member, or more than
one member for one or more trustee areas, of the governing board
of the ____ (insert name) School District residing in each trustee
area elected by the registered voters of the entire ____ (insert name)
School District--No.”

begin insert

“For the election of one member, or more than one member for
one or more trustee areas, of the governing board of the ____
(insert name) School District residing in each trustee area elected
by the registered voters of the entire ____ (insert name) School
District using ranked voting --Yes” and “For the election of one
member, or more than one member for one or more trustee areas,
of the governing board of the ____ (insert name) School District
residing in each trustee area elected by the registered voters of
the entire ____ (insert name) School District using ranked voting
--No.”

end insert

“For the establishment (or abolition) of a common governing
board in the ____ (insert name) School District and the ____ (insert
name) School District--Yes” and “For the establishment (or
abolition) of a common governing board in the ____ (insert name)
School District and the ____ (insert name) School District--No.”

begin insert

“For the election of one member, or more than one member for
one or more trustee areas, of the governing board of the ____
(insert name) School District to serve transitional two-year terms
in order to eliminate staggered terms on the board --Yes” and
“For the election of one member, or more than one member for
one or more trustee areas, of the governing board of the ____
(insert name) School District to serve transitional two-year terms
in order to eliminate staggered terms on the board --No.”

end insert begin delete

If

end delete

begin insert (f) end insert begin insert   end insert begin insert Two or more compatible proposals may be combined into
a single proposition. If end insert more than one begin delete proposal end delete begin insert proposition end insert appears
on the ballot, all must carry in order for any to become effective,
except begin delete that a proposal end delete begin insert as follows: end insert

begin insert (1) end insert begin insert   end insert begin insert A proposition end insert to adopt one of the methods of election of
board members specified in Section 5030 begin delete which end delete begin insert that end insert is approved
by the voters shall become effective unless a begin delete proposal which end delete
begin insert proposition that end insert is inconsistent with that begin delete proposal end delete begin insert proposition end insert has
been approved by a greater number of voters. begin delete An end delete

begin insert (2) end insert begin insert   end insert begin insert An end insert inconsistent begin delete proposal end delete begin insert proposition end insert approved by a lesser
number of voters than the number which have approved a begin delete proposal end delete
begin insert proposition end insert to adopt one of the methods of election of board
members specified in Section 5030 shall not be effective.

begin insert

(3) A proposal to elect at least one member to serve a
transitional two-year term shall only appear on a ballot if a
proposal to elect each member of the governing board by the
registered voters of the entire district using ranked voting also
appears on the ballot, in which case the latter proposal may be
approved even if the former is not.

end insert

SEC. 7.  

Section 5027 of the Education Code is amended to
read:

5027.  

begin delete Whenever end delete begin insert If end insert the boundaries of a county high school
district are coterminous with the boundaries of a county, the board
shall consist of one begin insert of the following: end insert

begin insert (a) end insert begin insert   end insert begin insert One end insert member from each supervisorial district in the county
elected at large from the begin insert county high school end insert district.

begin insert

(b) As many members are there are supervisorial districts with
the members elected at large using ranked voting.

end insert

SEC. 8.  

Section 5028 of the Education Code is amended to
read:

5028.  

In every community college district begin delete which end delete begin insert that end insert was
divided into five wards on or before September 7, 1955, one
member of the board shall be elected from each ward by the
registered voters of the ward. On or before January 1st of a fiscal
year the governing board of the district may rearrange the
boundaries of the wards to provide for representation in accordance
with population and geographic factors or may abolish the wards.
begin insert If the wards are abolished, members of the governing board may
also be elected at large using ranked voting. end insert

SEC. 9.  

Section 5032 is added to the Education Code, to read:

5032.  

If a school district or community college district
authorizes the use of ranked voting pursuant to Section 5010,
before that method is used in any election, a county elections
official may certify to the county board of supervisors and county
superintendent of schools who have jurisdiction over the election
that the county lacks the technological capacity to conduct elections
by this method. The elections official shall provide this certification
at least seven days, and not more than 60 days, before any
candidate circulates a nomination paper.

SEC. 10.  

Section 5096 is added to the Education Code, to read:

5096.  

A special election to fill one or more vacancies with
ranked voting and an election to elect one or more other members
of the governing board of the school district or community college
district to full terms using ranked voting that are held on the same
day shall be consolidated into a single contest if the board is elected
at large or the contests to be consolidated are for members elected
by or from the same trustee area.

SEC. 11.  

Section 72036 of the Education Code is amended to
read:

72036.  

Notwithstanding any other law, the governing board
of a community college district may change election systems, in
accordance with the provisions of this section and the California
Voting Rights Act of 2001 (Chapter 1.5 (commencing with Section
14025) of Division 14 of the Elections Code), upon the adoption
by the board of trustees of a resolution in support of electing the
trustees in accordance with this section and upon the approval of
the Board of Governors of the California Community Colleges,
as follows:

(a) The governing board of a community college district may
establish elections by trustee areas. In establishing trustee areas,
the territory of a district shall be divided into trustee areas, and
one member of the governing board shall be elected from each
trustee area. A candidate for election as a member of the governing
board shall reside in, and be registered to vote in, the trustee area
he or she seeks to represent. The governing board shall set the
initial boundaries of each trustee area to reflect substantially equal
population in each district as enumerated in the most recent
decennial federal census. Thereafter, the boundaries of trustee
areas shall be adjusted pursuant to Section 5019.5, and may be
abolished or adjusted as otherwise provided in this code.

(b) The governing board of a community college district may
establish a top-two primary election system. Candidates for election
as a member of a governing board of a district shall be nominated
by trustee area at a district primary election held on the date of the
statewide direct primary election. At the district primary election,
the two candidates receiving the highest number of votes within
the trustee area shall be nominees for the district general election
for that trustee area, and the nominee who receives a majority of
the votes cast by the voters of the trustee area in the district general
election shall be elected to represent that trustee area. The district
general election shall be held on the same date as the statewide
general election.

(c) The governing board of a community college district may
determine the number of trustees pursuant to this subdivision. The
governing board of a community college district shall be composed
of not less than five members and not more than nine, as
determined by the governing board. Sections 5019 to 5030,
inclusive, do not apply to the governing board’s determination of
the number of members pursuant to this subdivision. If the number
of members of a governing board is increased or decreased, a
governing board shall establish new trustee areas, abolish trustee
areas, or adjust the boundaries of trustee areas so that the number
of trustee areas is equal to the number of governing board members.
If the number of members of a governing board is increased, the
additional members of the governing board shall be elected at the
next regular district general election of board members occurring
at least 123 days after the governing board approved the increased
number of board members. Prior to the next district general
election, the governing board shall divide by lot the additional
trustee area positions that are created so that the term of one-half
of the board members elected to those positions shall expire on
the first Friday in December following the next district general
election. The term of the other board members elected to fill the
remainder of the additional positions shall expire on the first Friday
in December following the second district general election
succeeding their election.

begin insert

(d) The governing board of a community college district may
provide for the election of its members at large by ranked voting,
and it may also authorize members to serve transitional two-year
terms, pursuant to Section 5010.

end insert begin delete

(d)

end delete

begin insert (e) end insert  This section begin delete shall end delete begin insert does end insert not apply to any community college
district that has been authorized by statute to provide for its own
trustee elections.

SEC. 12.  

Section 8141.3 is added to the Elections Code, to
read:

8141.3.  

Notwithstanding Section 8000, the following districts
may elect a candidate for nonpartisan office pursuant to Sections
8140 and 8141:

(a) A district not formed for municipal purposes.

(b) A general law city.

(c) A school district.

SEC. 13.  

Section 22000 of the Elections Code is amended and
renumbered to read:

begin delete 22000. end delete
begin insert 21700. end insert   

(a) Each district required by its authorizing act to adjust
division boundaries pursuant to this section shall, by resolution,
after each federal decennial census, and using that census as a
basis, adjust the boundaries of any divisions so that the divisions
are, as far as practicable, equal in population and in compliance
with Section 10301 of Title 52 of the United States Code, as
amended, to the extent those provisions apply. In adjusting the
boundaries of the divisions, the board may give consideration to
the following factors: (1) topography, (2) geography, (3)
cohesiveness, contiguity, integrity, and compactness of territory,
and (4) community of interests of the division. This section does
not apply to divisions in which only landowners vote for directors
or whose directors are all elected at large or appointed.

(b) The resolution specified in subdivision (a) shall be adopted
by a vote of not less than a majority of the directors.

(c) At the time of, or after, any annexation of territory to the
district, the board of directors shall designate, by resolution, the
division of which the annexed territory shall be a part.

(d)  begin delete No end delete begin insert A end insert change in division boundaries begin delete may end delete begin insert shall not end insert be made
within 180 days preceding the election of any director.

(e) (1) A change in division boundaries shall not affect the term
of office of any director.

(2) If division boundaries are adjusted, the director of the
division whose boundaries have been adjusted shall continue to
be the director of the division bearing the number of his or her
division as formerly comprised until the office becomes vacant by
means of term expiration or otherwise, whether or not the director
is a resident within the boundaries of the division as adjusted.

(f) The successor to the office in a division whose boundaries
have been adjusted shall be a resident and voter of that division.

(g) A district is not required to adjust the boundaries of any
divisions pursuant to this section until after the 2000 federal
decennial census.

(h)  begin delete Nothing in this end delete begin insert This end insert section shall begin insert not end insert be construed to prohibit
or restrict a district from adjusting the boundaries of any divisions
whenever the governing body of the district determines by a
two-thirds vote of the governing body that a sufficient change in
population has occurred that makes it desirable in the opinion of
the governing body to adjust the boundaries of any divisions, or
whenever any territory is added by or excluded from the district.

SEC. 14.  

Section 22001 of the Elections Code is amended and
renumbered to read:

begin delete 22001. end delete
begin insert 21701 end insert   

Before adjusting the boundaries of a division pursuant
to Section begin delete 22000 end delete begin insert 21700 end insert or for any other reason, the governing
body of the district shall hold at least one public hearing on the
proposal to adjust the boundaries of the division prior to the public
hearing at which the governing body votes to approve or defeat
the proposal.

SEC. 15.  

Division 22 (commencing with Section 22000) is
added to the Elections Code, to read:

 

Division 22.  Ranked Voting

 

Chapter  1. General Provisions

 

22000.  

Ranked voting is a method that allows voters to rank
candidates for office in order of preference. Elections conducted
by ranked voting may be used for both single-winner and
multiple-winner elections. Elections conducted by ranked voting
are tabulated in rounds, as specified in this division.

22001.  

A jurisdiction that introduces ranked voting shall
conduct a voter education and outreach campaign, which shall
include public service announcements on radio, television, or in
print media, to familiarize voters with that election method.
Materials and information disseminated as part of the campaign
shall be provided in languages other than English, as required by
the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).

22002.  

For purposes of this division, the following terms have
the following meanings:

(a) “Abstention” means a ballot that is to be counted for the
highest-ranked continuing candidate, but that does not contain a
highest-ranked continuing candidate or overvote, and the voter did
at least one of the following:

(1) Failed to assign an available ranking to every qualified
candidate.

(2) Assigned a qualified candidate two or more different
rankings.

(b) “Continuing candidate” means a qualified candidate who
has not yet been elected or defeated.

(c) “Highest-ranked continuing candidate“ means the continuing
candidate on a ballot assigned the ranking with the lowest
numerical value, unless that ranking is assigned to more than one
candidate.

(d) “Instant runoff voting” means a system of ranked voting
used to elect a single candidate to office.

(e) “Majority of votes“ means greater than 50-percent of the
votes counted for all candidates.

(f) “Other exhausted vote” means a ballot that is to be counted
for the highest-ranked continuing candidate, but that does not
contain a highest-ranked continuing candidate or overvote and is
not an abstention.

(g) “Overvote” means a ranking assigned to more than one
qualified candidate.

(h) “Ranking” means the number assigned to a candidate to
indicate a voter’s preference for that candidate. The ranking with
the lowest numerical value indicates the voter’s first-choice
preference, with the ranking increasing in numerical value as the
voter’s preference decreases.

(i) “Single transferable vote” means a system of ranked voting
used to elect two or more candidates to office.

22003.  

A ballot that does not contain a highest-ranked
continuing candidate shall not be counted for any candidate in
determining the highest-ranked candidate, but rather shall be
counted as an other exhausted vote for the remainder of the
tabulation unless the ballot contains an overvote or is an abstention.

22004.  

If two or more candidates are tied with the fewest
number of votes, the candidate to eliminate shall be determined
by lot, publicly conducted with notice.

22005.  

A ballot shall allow voters to assign a different ranking
to each candidate, as well as to at least two write-in candidates. If
a jurisdiction's voting equipment cannot feasibly accommodate
that number of rankings on the ballot, the elections official may
limit the number of choices a voter may rank to the greater of ten
candidates or the maximum number allowed by the equipment.

22006.  

In an election conducted by ranked voting, the elections
official shall provide ballot instructions that shall be substantially
in the following form:

“To vote in this election, indicate your first-choice candidate by
selecting or marking a “1” in the voting square to the right of that
candidate, a “2” in the voting square to the right of your
second-choice candidate, a “3” in the voting square to the right of
your third-choice candidate, and so on. Do not give the same
number to more than one candidate. You may rank as many or as
few of the candidates as you choose, up to the limit specified, if
any. Your second choice will not affect your first choice; your
third choice will not affect your first two choices, and so on. You
may include one or more qualified write-in candidates in your
rankings by writing each write-in candidate’s name in one of the
blank spaces provided for that purpose after the names of the other
candidates for the same office, and then writing the desired ranking
in the voting square to the right of that name.”

 

Chapter  2. Vote Counting

 

22100.  

An election using instant runoff voting shall be tabulated
in a series of one or more rounds that are conducted as follows:

(a) Each ballot shall count as one vote for the highest-ranked
continuing candidate on that ballot.

(b) The tabulation shall be complete if either of the following
situations occur:

(1) There is only one continuing candidate after the first round
of tabulation, in which case that candidate shall be designated as
elected.

(2) There are exactly two continuing candidates after any round
of tabulation, in which case the candidate with a majority of votes
shall be designated as elected, and the other candidate shall be
designated as defeated.

(c) If a continuing candidate has a majority of votes, and the
elections official determines that tabulation cannot feasibly
continue until there are only two continuing candidates, the
tabulation may be terminated after the elections official designates
the majority candidate as elected and designates all other
continuing candidates as defeated.

(d) If a candidate satisfies both of the following conditions, then
all candidates with fewer votes may be designated as defeated:

(1) At least one other candidate has at least as many votes as
the candidate.

(2) The candidate has more votes than the total votes for all
candidates with fewer votes.

(e) If a candidate was not designated as defeated in a particular
round pursuant to subdivision (d), the continuing candidate with
the fewest votes shall be designated as defeated.

(f) Each ballot counted for a candidate defeated pursuant to
subdivision (d) or (e) shall be transferred to, and counted for, the
highest-ranked continuing candidate on that ballot.

22101.  

An election using single transferable vote shall be
tabulated in a series of one or more rounds that are conducted as
follows:

(a) (1) In the first round, all ballots shall be counted, and each
ballot shall be transferred to, and counted for, the highest-ranked
continuing candidate on that ballot, using a transfer value of one
vote.

(2) The “threshold,” which is the number of votes in excess of
which a candidate will designated as elected, shall be determined
by dividing the total number of ballots counted for a candidate
pursuant to paragraph (1) by one more than the number of offices
to be filled and rounding the quotient to five decimal places.

(3) If the number of continuing candidates is less than or equal
to the number of offices to be filled, all continuing candidates shall
be designated as elected, and the tabulation is complete.

(b) For each continuing candidate, the votes for the candidate
are the sum of the transfer values of all ballots counted for that
candidate.

(c) A continuing candidate with votes in excess of the threshold
shall be designated as elected, and his or her votes in excess of the
threshold calculated shall be treated as his or her surplus.

(d) If the number of candidates designated as elected is equal
to the number of offices to be filled, all continuing candidates shall
be designated as defeated, and the tabulation shall be complete.

(e) If a candidate is not designated as defeated in a particular
round, and one or more candidate is designated as elected and has
a surplus, the surplus of that candidate shall be transferred as
follows:

(1) The surplus factor for the candidate shall be calculated as
the quotient, rounded to five decimal places, of the candidate’s
surplus divided by the total number of votes for the candidate.

(2) Each ballot counted for the candidate shall be transferred
to, and counted for, the highest-ranked continuing candidate on
that ballot using a new transfer value, calculated as the product,
rounded to five decimal places, of the transfer value times the
candidate’s surplus factor.

(3) “Residual surplus” means the number of surplus votes not
transferred pursuant to paragraphs (1) and (2) due to rounding.
The residual surplus for the transfer equals the surplus for a
candidate minus the sum of the new transfer values for every ballot
transferred from the candidate. The residual surplus shall not be
counted for any candidate or as part of other exhausted votes.

(4) After a candidate’s surplus is transferred and his or her
residual surplus is calculated, the candidate does not have a surplus,
and the candidate’s vote count shall be considered to be the number
of votes at the threshold for the remainder of the tabulation.

(f) If a surplus was not transferred in a particular round pursuant
to subdivision (e), the continuing candidate with the fewest votes
shall be designated as defeated.

(g) If any candidates were designated as defeated in a particular
round, each ballot assigned to a defeated candidate shall be
transferred to, and counted for, the highest-ranked continuing
candidate on that ballot using the previous transfer value. After
all ballots have been transferred, a defeated candidate shall have
zero votes.

(1) If the number of continuing candidates plus the number of
candidates that have been designated as elected equals the number
of offices to be filled, all continuing candidates shall be designated
as elected and the tabulation is complete.

22102.  

The Secretary of State may promulgate regulations
authorizing modifications to the vote-counting methods described
in this chapter if the modifications do not change which candidates
are elected.

22103.  

If two or more candidates are elected pursuant to
Section 22101 in the same contest, and the offices to be filled by
the contest have terms of different remaining lengths, candidates
shall fill the offices in proportion to the number of votes they
received in the first round, with the candidate with the highest
first-round vote total filling the office with the longest term.

 

Chapter  3. Reporting

 

22200.  

(a) For purposes of this chapter, the following terms
have the following meanings:

(1) “Contest cast selections record report” means a report that
lists all of the following for each ballot counted in the tabulation:

(A) The candidate or candidates indicated at each ranking.

(B) The precinct in which the ballot was cast.

(C) Whether the ballot was cast by mail.

(2) “Contest tabulation report” means a report that lists both of
the following:

(A) The number of ballots counted.

(B) The votes received by each candidate in each round of the
tabulation.

(C) The cumulative number of votes counted as an overvote,
abstention, other exhausted vote, and cumulative residual surplus
in each round of the tabulation.

(3) “Tabulation by precinct report” means a list, for all precincts
or a selected subset of precincts, that provides both of the
following:

(A) The total number of ballots counted for each round of votes
for each candidate.

(B) The total number of votes counted as an overvote,
abstention, other exhausted vote, and cumulative residual surplus.

(b) For a given tabulation, an entry in the contest tabulation
report shall equal the total of all corresponding precinct entries
that are in the tabulation by precinct report, or that would be in the
tabulation by precinct report if all precincts were reported. Whether
a candidate is designated as elected or defeated, and the round in
which a candidate is designated as elected or defeated, shall be the
same for the contest tabulation report and for every precinct in the
tabulation by precinct report.

(c) The votes for each round in a contest tabulation report or in
a tabulation by precinct report shall be reported as of the
completion of subdivision (a) of Section 22100 or subdivision (b)
of Section 22101. If Section 22101 applies, each ballot counted
as an overvote, abstention, or other exhausted vote shall be counted
as having the number of votes equal to the ballot’s transfer value.

(d) In a contest cast selections record report, ballots shall be
listed in an manner that does not permit the order in which they
were cast in each precinct to be reconstructed. An overvote ranking
may be reported without reporting to which qualified candidates
the ranking was assigned.

22201.  

(a) An elections official shall publish a contest
tabulation report for the final tabulation of the official canvass in
conjunction with the certified statement of the results. The elections
official shall also publish at least one of the following reports for
the final tabulation of the official canvass:

(1) A tabulation by precinct report covering all precincts.

(2) A contest cast selections record report.

(b) If tabulation of all rounds is not feasible on election night,
the elections official may provide the contest tabulation report
totals for only the first round of tabulation or only a tally of the
rankings of “1”.

(c) For a contest that is tabulated with a voting system, the
elections official shall do all of the following:

(1) Tabulate the results as soon as feasible after the close of the
polls, and publish the corresponding contest tabulation report.

(2) Tabulate the results for the last preliminary results on
election night and publish a corresponding contest tabulation report.

(3) Publish the corresponding contest cast selections record
report whenever the results of a tabulation is published, except if
tabulation is limited pursuant to subdivision (b).

22202.  

An elections official shall promptly post a report made
available to the public pursuant to Section 22201 on his or her
official Internet Web site. A contest cast selections record report
made available pursuant to this section shall be provided in a plain
text electronic format and need not be published by other means.
If an elections official does not have an official Internet Web site,
the elections official shall promptly make the report available to
the public by other means, and he or she shall notify the public of
the report’s location through a notice prominently displayed in an
appropriate location in his or her office.

SEC. 16.  

Section 25001 is added to the Government Code, to
read:

25001.  

(a) Notwithstanding any other provision of law, a
county board of supervisors may adopt, or a resident of the county
may propose by initiative, a proposal to elect an officer of the
county by ranked voting. The proposal shall specify which county
officers shall be elected by this method and whether they shall be
elected at large or by or from district, if applicable.

(b) If a county board of supervisors authorizes its members to
be elected at large by ranked voting pursuant to subdivision (a),
the county board of supervisors may also adopt, or a resident of
the county may propose by initiative, a proposal to elect one or
more supervisors to serve transitional two-year terms in order to
eliminate staggered terms on the board. A transitional two-year
term shall not shorten a term of office that has already started.

(c) A proposal pursuant to subdivision (a) or (b) shall apply
prospectively only and shall not become operative unless it is
submitted to the electors of the county at a regularly scheduled
election and a majority of the votes cast on the question favor the
adoption of the proposal.

(d) Except as provided in subdivision (b), the term of office for
a member of the board of supervisors elected by ranked voting
shall be four years.

(e) A proposal enacted pursuant to this section may be amended
or repealed in the same manner, but an officer's term of office shall
not be affected.

(f) This section does not authorize a county to elect members
at large if it is required by a court order or judgment to elect its
members by or from district.

SEC. 17.  

Section 25040 of the Government Code is amended
to read:

25040.  

Each member of the board of supervisors shall be
elected by the district which he represents, and not at large, except
begin delete in end delete begin insert end insert begin insert if one of the following is true: end insert

begin insert (a) end insert begin insert   end insert begin insert The election is held in end insert any county in which supervisorial
districts have not been established by law or ordinance, and in
which supervisors were on May 17, 1907, required to be elected
at large, but from particular wards, the members shall be elected
at large and without regard to residence.

begin insert

(b) Members are elected by ranked voting pursuant to Section
25001.

end insert

SEC. 18.  

Section 25041 of the Government Code is amended
to read:

25041.  

begin delete In all other cases each end delete begin insert If an election is conducted from
district, a end insert member shall have been a registered voter of the district
which he seeks to represent for at least 30 days immediately
preceding the deadline for filing nomination documents for the
office of supervisor, and shall reside in the district during his
incumbency.

SEC. 19.  

Section 25061 of the Government Code is amended
to read:

25061.  

begin insert (a) end insert begin insert   end insert The election of a supervisor to fill the vacancy for
the unexpired term shall be held at the next general election, unless
the term expires on the first Monday after January 1st succeeding
the election.

begin insert

(b) A special election to fill one or more vacancies with ranked
voting and an election to elect one or more other members of the
board of supervisors to full terms using ranked voting that are
held on the same day shall be consolidated into a single contest if
the board of supervisors is elected at large or the contests to be
consolidated are for members elected by or from the same district.

end insert

SEC. 20.  

Article 4 (commencing with Section 34910) is added
to Chapter 4 of Part 1 of Division 2 of Title 4 of the Government
Code, to read:

 

Article 4.  Election of City Officers by Ranked Voting

 

34910.  

(a) At any municipal election, or special election held
for that purpose, the legislative body may submit to the registered
voters an ordinance providing for the election of an officer of the
city by ranked voting. The ordinance may also be qualified for the
ballot by means of an initiative measure in accordance with Chapter
3 (commencing with Section 9200) of Division 9 of the Elections
Code. The ordinance shall specify which city officers shall be
elected by this method and whether they shall be elected at large
or by or from district, if applicable. An ordinance adopted pursuant
to this subdivision shall apply prospectively only.

(b) If a city authorizes members of the legislative body to be
elected at large by ranked voting pursuant to subdivision (a), the
legislative body, or the proponent of an initiative, may also submit
to the registered voters an ordinance providing for the election of
one or more members to serve transitional two-year terms in order
to eliminate staggered terms on the body. A transitional two-year
term authorized by this section shall not shorten a term of office
that has already started.

(c) If a legislative body is elected by ranked voting:

(1) The legislative body may have more than five members,
even if the members are elected at large.

(2) A member’s term of office shall be four years, except as
provided in subdivision (b).

(d) An ordinance enacted pursuant to this section may be
amended or repealed in the same manner, but an officer's term of
office shall not be affected.

(e) This section applies both to cities with an elective mayor
and cities with a city manager form of government.

(f) This section does not authorize a city to elect members at
large if it is required by a court order or judgment to elect its
members by or from district.

34911.  

If a special election to fill one or more vacancies with
ranked voting is held on the same day as an election to elect one
or more other members of the legislative body to full terms using
ranked voting, those election contests shall be consolidated into a
single contest, provided that the legislative body is elected at large
or the contests to be consolidated are for members elected by or
from the same district.