Amended in Senate April 4, 2016

Senate Bill No. 1288

Introduced by Senator Leno

begin insert

(Coauthor: Senator Allen)

end insert

February 19, 2016

An act to amend Sections 5013, 5020, 5027, begin delete 5028, and 72036 end delete begin insert and 5028 end insert 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 begin delete Section end delete begin insert Sections end insert 8141.3 begin insert and 10005 end insert 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 amended, 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 begin delete district end delete begin insert jurisdiction end insert not formed for municipal purposes, officers for general law cities, and school district begin delete officers. end delete begin insert officers, except as specified. end insert

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 begin delete officials, and it requires certain multimember bodies to have staggered terms of office. end delete begin insert officials. end insert

This bill would authorize a city, county, or local educational agency to conduct an election using ranked begin insert choice end insert voting, in which voters rank the candidates for office in order of preference, as specified. begin delete The bill would also allow a jurisdiction using ranked voting to eliminate staggered terms for a multimember body in certain circumstances. end delete This bill would specify the procedures for conducting an election using ranked begin insert choice end insert 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 begin insert choice end insert voting. The
proposal shall specify whether the members shall be elected at
large or by or from begin delete district. end delete begin insert trustee area. end insert A proposal to elect
members by ranked begin insert choice end insert 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.

begin delete

(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.

end delete begin delete

(d)

end delete

begin insert (c) end insert  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 begin delete district. end delete begin insert trustee area. end insert

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 begin insert choice end insert 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

begin delete any candidate begins circulating a nomination paper. end delete begin insert the later of
113 days before the election or the first day on which a declaration
of candidacy may be filed. end insert

(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 begin delete prior end delete 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 begin insert choice end insert voting and an election to elect one or more other
members of the county board begin insert of education end insert to full terms using
ranked begin insert choice end insert 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 begin insert choice end insert voting. The resolution
shall specify whether the members elected pursuant to this method
shall be elected at large or by or from begin delete district, end delete begin insert trustee area, end insert 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.

begin delete

(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)

end delete

begin insert (b) end insert  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 begin delete district. end delete begin insert trustee area. end insert

SEC. 5.  

Section 5013 of the Education Code is amended to
read:

5013.  

(a) Except as provided in subdivision (b), the 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.

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

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 5010 or 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 5010
or 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.”

“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 begin insert choice end insert
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 begin insert choice end insert voting --No.”

“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.”

“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
begin insert choice end insert 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 begin insert choice end insert voting --No.”

“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.”

“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 begin insert choice end insert 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 begin insert choice end insert
voting --No.”

“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 delete

“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 delete

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

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

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

begin delete

(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 delete

SEC. 7.  

Section 5027 of the Education Code is amended to
read:

5027.  

If the boundaries of a county high school district are
coterminous with the boundaries of a county, the board shall consist
of one of the following:

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

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

SEC. 8.  

Section 5028 of the Education Code is amended to
read:

5028.  

In every community college district that 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. If the wards are
abolished, members of the governing board may also be elected
at large using ranked begin insert choice end insert voting.

SEC. 9.  

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

5032.  

begin insert (a) end insert begin insert   end insert If a school district or community college district
authorizes the use of ranked begin insert choice end insert voting pursuant to Section
5010, before that method is used in any election, a county elections
official may certify to the begin insert governing board of the district, the end insert
county board of begin delete supervisors end delete begin insert supervisors, end insert and begin insert the end insert 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 begin delete any
candidate circulates a nomination paper. end delete begin insert the later of 113 days
before the election or the first day on which a declaration of
candidacy may be filed. end insert

begin insert

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

end insert

SEC. 10.  

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

5096.  

A special election to fill one or more vacancies with
ranked begin insert choice end insert 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 begin insert choice end insert 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.

begin delete

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.

(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.

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

end delete

begin delete SEC. 12. end delete

begin insert SEC. 11. end insert   

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

8141.3.  

begin insert (a) end insert begin insert   end insert Notwithstanding Section 8000, the following
begin delete districts end delete begin insert jurisdictions end insert may elect a candidate for nonpartisan office begin insert ,
other than a member of a legislative body elected at large, end insert pursuant
to Sections 8140 and 8141:

begin delete

(a)

end delete

begin insert (1) end insert  A district not formed for municipal purposes.

begin delete

(b)

end delete

begin insert (2) end insert  A general law city.

begin delete

(c)

end delete

begin insert (3) end insert  A school district.

begin insert

(b) For purposes of this section, a separately elected mayor is
not a member of a legislative body.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Section 10005 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 10005. end insert   

A jurisdiction that uses ranked choice voting or elects
a candidate pursuant to Section 8141.3 shall conduct a voter
education and outreach campaign that includes 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).

end insert

SEC. 13.  

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

21700.  

(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) A change in division boundaries shall not 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) This section shall not 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:

21701  

Before adjusting the boundaries of a division pursuant
to Section 21700 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 begin insert Choice end insert Voting

 

Chapter  1. General Provisions

 

22000.  

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

begin delete

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).

end delete

begin delete 22002. end delete

begin insert 22001. end insert   

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

begin delete candidate. end delete begin insert candidate, and the ballot allowed the voter to rank an
additional qualified candidate without creating an overvote
ranking. end insert

(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 begin delete the end delete begin insert a end insert ranking with begin delete the lowest end delete begin insert a end insert
numerical begin delete value, unless that ranking is assigned to more than one
candidate. end delete begin insert value that is lower than the ranking for both of the
following: end insert

begin insert

(1) Any other continuing candidate.

end insert begin insert

(2) Any overvote ranking on the ballot.

end insert

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

(e) “Majority of votes“ means greater than 50-percent of the
votes begin delete counted end delete begin insert counting end insert for all begin insert continuing end insert 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” begin insert means a ballot that is to be counted for the
highest-ranked continuing candidate, contains an overvote ranking,
and does not contain a highest-ranked continuing candidate. end insert

begin insert (h) end insert begin insert   end insert begin insert ”Overvote ranking” end insert means a ranking assigned to more than
one qualified candidate.

begin delete

(h)

end delete

begin insert (i) end insert  “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.

begin delete

(i)

end delete

begin insert (j) end insert  “Single transferable vote” means a system of ranked begin insert choice end insert
voting used to elect two or more candidates to office.

begin delete 22003. end delete

begin insert 22002. end insert   

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

begin delete 22004. end delete

begin insert 22003. end insert   

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

begin delete 22005. end delete

begin insert 22004. end insert   

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 begin delete ten end delete
begin insert three end insert candidates or the maximum number allowed by the
equipment.

begin delete 22006. end delete

begin insert 22005. end insert   

In an election conducted by ranked begin insert choice end insert 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 begin delete rounds that are end delete begin insert rounds, each end insert conducted

begin delete as follows: end delete begin insert with the following steps: end insert

(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 begin delete candidate after the first round
of tabulation, end delete begin insert candidate, end insert in which case that candidate shall be
designated as elected.

(2) There are exactly two continuing begin delete candidates after any round
of tabulation, end delete begin insert candidates, end insert 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
begin delete tabulation may be terminated after the elections official designates
the end delete majority candidate begin insert shall be designated end insert as begin delete elected and designates end delete
begin insert elected, end insert all other continuing candidates begin insert shall be designated end insert as

begin delete defeated. end delete begin insert defeated, and the tabulation shall be complete. end insert

(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 begin delete a particular end delete
begin insert this end insert 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 begin delete rounds that are end delete begin insert rounds, each end insert
conducted begin delete as follows: end delete begin insert with the following steps: end insert

(a)  begin delete (1) end delete begin delete   end delete In the first begin delete round, all end delete begin insert round: end insert

begin insert (1) end insert begin insert   end insert begin insert All end insert ballots shall be counted, and each ballot shall be
begin delete transferred to, and end delete counted begin delete for, end delete begin insert for end insert the highest-ranked continuing
candidate on that ballot, using a transfer value of one vote. begin insert The
“transfer value” of a ballot is the one vote, or portion of a vote
after a surplus transfer pursuant to subdivision (f), that the ballot
will contribute to the vote total for the ballot’s highest end insert begin insert -ranked
continuing candidate. end insert

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

begin insert

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

end insert begin delete

(3) If

end delete

begin insert (c) end insert begin insert   end insert begin insert In the first round, if end insert 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.

begin delete

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

end delete begin delete

(c) A

end delete

begin insert (d) end insert begin insert   end insert begin insert Each end insert 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.

begin delete

(d)

end delete

begin insert (e) end insert  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.

begin delete

(e) If a

end delete

begin insert (f) end insert begin insert   end insert begin insert For each end insert candidate begin delete is not designated as defeated in a
particular round, and one or more candidate end delete begin insert that end insert 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 begin insert down end insert 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 begin insert down end insert to five decimal places, of the begin insert old end insert 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 begin delete a end delete begin insert the end insert
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 begin delete or end delete begin insert nor end insert as part of other exhausted votes.

(4) After begin delete a end delete begin insert the end insert 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 begin delete count shall be considered to be the number
of votes at the threshold end delete begin insert total end insert for the remainder of the begin delete tabulation. end delete

begin insert tabulation shall be equal to the threshold. end insert

begin delete

(f)

end delete

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

begin delete

(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.

end delete

(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.

begin insert

(2) Each ballot that counted for the defeated candidate shall be
transferred to, and counted for, the highest-ranked continuing
candidate on that ballot using the current transfer value. After all
ballots have been transferred, a defeated candidate shall have
zero votes.

end insert

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 begin delete in proportion to end delete begin insert based on end insert the number of votes
they received in the first begin delete round, with the end delete begin insert round so that a end insert candidate
with begin delete the highest end delete begin insert a higher end insert first-round vote total begin delete filling the end delete begin insert fills an end insert
office with begin delete the longest end delete begin insert an equal or longer end insert 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 begin delete list, for all precincts
or a selected subset of precincts, that provides both of the
following: end delete begin insert report that, for each precinct, lists all of the information
required in a contest tabulation report. end insert

begin delete

(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.

end delete

(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 begin delete report, or that would be in the
tabulation by precinct report if all precincts were reported. end delete begin insert report. end insert
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. begin insert If Section 22100 applies, residual surplus is not
applicable and shall not be reported. end insert 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 begin delete an end delete begin insert a end insert 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 begin delete report covering all precincts. end delete begin insert report. end insert

(2) A contest cast selections record report.

(b) If begin insert the elections official determines that end insert 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 begin insert the elections official
determines it is end insert 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 begin insert choice end insert 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.

begin delete

(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)

end delete

begin insert (b) end insert  A proposal pursuant to subdivision (a) begin delete or (b) end delete 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.

begin delete

(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.

end delete begin delete

(e)

end delete

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

begin insert

(d) A county officer elected to a full term by ranked choice voting
shall only be elected in a general election held in November of an
even-numbered year.

end insert begin delete

(f)

end delete

begin insert (e) end insert  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
if one of the following is true:

(a) The election is held in 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.

(b) Members are elected begin insert at large end insert by ranked begin insert choice end insert voting
pursuant to Section 25001.

SEC. 18.  

Section 25041 of the Government Code is amended
to read:

25041.  

If an election is conducted begin insert by or end insert from district, a 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.  

(a) 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.

(b) A special election to fill one or more vacancies with ranked
begin insert choice end insert voting and an election to elect one or more other members
of the board of supervisors to full terms using ranked begin insert choice end insert 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.

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 begin insert Choice end insert 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 begin insert choice end insert 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.

begin delete

(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)

end delete

begin insert (b) end insert  If a legislative body is elected by ranked begin insert choice end insert voting:

(1) The legislative body may have begin delete more end delete begin insert an odd number of
members greater end insert than begin delete five members, end delete begin insert five, end insert even if the members are
elected at large.

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

begin delete

(d)

end delete

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

begin delete

(e)

end delete

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

begin delete

(f)

end delete

begin insert (e) end insert  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 begin insert choice end insert 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 begin insert choice end insert 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.