BILL NUMBER: SB 1288 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2016
INTRODUCED BY Senator Leno
( Coauthor: Senator Allen
)
FEBRUARY 19, 2016
An act to amend Sections 5013, 5020, 5027, 5028, and
72036 and 5028 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
Sections 8141.3 and 10005 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 district jurisdiction
not formed for municipal purposes, officers for general law cities,
and school district officers. officers,
except as specified.
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.
officials.
This bill would authorize a city, county, or local educational
agency to conduct an election using ranked choice 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
choice 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 choice voting. The
proposal shall specify whether the members shall be elected at large
or by or from district. trustee area. A
proposal to elect members by ranked choice 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)
(c) 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.
trustee area.
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 choice 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. the later of 113 days before the election or
the first day on which a declaration of candidacy may be filed.
(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 choice voting and an election to elect one or more
other members of the county board of education to full
terms using ranked choice 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 choice voting. The
resolution shall specify whether the members elected pursuant to this
method shall be elected at large or by or from district,
trustee area, 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)
(b) 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. trustee area.
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 choice 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 choice
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 choice 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
choice 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 choice 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 choice 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 choice
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."
"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."
(f) Two or more compatible proposals may be combined into
a single proposition. If more than one
proposition proposal appears on the ballot, all
must carry in order for any to become effective, except as follows:
(1) A proposition proposal 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
proposition proposal that is
inconsistent with that proposition proposal
has been approved by a greater number of voters.
(2) An inconsistent proposition proposal
approved by a lesser number of voters than the number which
have approved a proposition proposal to
adopt one of the methods of election of board members specified in
Section 5030 shall not be effective.
(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.
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 choice 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 choice
voting.
SEC. 9. Section 5032 is added to the Education Code, to read:
5032. (a) If a school district or community
college district authorizes the use of ranked choice
voting pursuant to Section 5010, before that method is used in any
election, a county elections official may certify to the
governing board of the district, the county board of
supervisors supervisors, and the
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.
the later of 113 days before the election or the first day on which a
declaration of candidacy may be filed.
(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.
SEC. 10. Section 5096 is added to the Education Code, to read:
5096. A special election to fill one or more vacancies with
ranked choice 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 choice
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.
(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.
SEC. 12. SEC. 11. Section 8141.3 is
added to the Elections Code, to read:
8141.3. (a) Notwithstanding Section 8000,
the following districts jurisdictions
may elect a candidate for nonpartisan office , other than a
member of a legislative body elected at large, pursuant to
Sections 8140 and 8141:
(a)
(1) A district not formed for municipal purposes.
(b)
(2) A general law city.
(c)
(3) A school district.
(b) For purposes of this section, a separately elected mayor is
not a member of a legislative body.
SEC. 12. Section 10005 is added to the
Elections Code , to read:
10005. 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).
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 Choice Voting
CHAPTER 1. GENERAL PROVISIONS
22000. Ranked choice voting is a method that allows
voters to rank candidates for office in order of preference.
Elections conducted by ranked choice voting may be used
for both single-winner and multiple-winner elections. Elections
conducted by ranked choice 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. 22001. 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. candidate, and the ballot allowed
the voter to rank an additional qualified candidate without creating
an overvote ranking.
(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 a
ranking with the lowest a numerical
value, unless that ranking is assigned to more than one
candidate. value that is lower than the ranking for
both of the following:
(1) Any other continuing candidate.
(2) Any overvote ranking on the ballot.
(d) "Instant runoff voting" means a system of ranked choice
voting used to elect a single candidate to office.
(e) "Majority of votes" means greater than 50-percent of the votes
counted counting for all
continuing 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 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.
(h) "Overvote ranking" means a
ranking assigned to more than one qualified candidate.
(h)
(i) "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)
(j) "Single transferable vote" means a system of ranked
choice voting used to elect two or more candidates to
office.
22003. 22 002. A ballot
that does not contain a highest-ranked continuing candidate shall not
be counted count for any
candidate in determining the highest-ranked candidate,
candidate, but rather shall be counted
count as an overvote, abstention, or other
exhausted vote for the remainder of the tabulation unless
the ballot contains an overvote or is an abstention.
vote.
22004. 22003. If two or more
candidates are tied with the fewest number of votes, the candidate to
eliminate be defeated shall be
determined by lot, publicly conducted with notice.
22005. 22004. 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 three
candidates or the maximum number allowed by the equipment.
22006. 22005. In an election
conducted by ranked choice 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
rounds, each conducted as follows: with
the following steps:
(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, candidate, in which
case that candidate shall be designated as elected.
(2) There are exactly two continuing candidates after any
round of tabulation, candidates, 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 shall be designated as
elected and designates elected, all
other continuing candidates shall be designated as
defeated. defeated, and the tabu
lation shall be complete.
(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 this 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
rounds, each conducted as follows:
with the following steps:
(a) (1) In the first
round, all round:
(1) All ballots shall be counted,
and each ballot shall be transferred to, and
counted for, for the highest-ranked
continuing candidate on that ballot, using a transfer value of one
vote. 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 -ranked continuing candidate.
(2) The "threshold," which is the number of votes in excess of
which a candidate will be designated as elected, shall be
determined by dividing the total number of ballots counted
counting for a candidate
all candidates pursuant to paragraph (1) by one more than the
number of offices to be filled and rounding up the
quotient to five decimal places.
(b) For each continuing candidate, the votes for the candidate are
the sum of the transfer values of all ballots counted for that
candidate.
(3) If
(c) In the first round, 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
(d) Each 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)
(e) 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
(f) For each candidate
is not designated as defeated in a particular round, and one or more
candidate that 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 down 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
down to five decimal places, of the old
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
the 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
nor as part of other exhausted votes.
(4) After a the 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
total for the remainder of the
tabulation. tabulation shall be equal to the threshol
d.
(f)
(g) If a surplus was not transferred in a
particular this round pursuant to subdivision
(e), (f), 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.
(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.
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 based on
the number of votes they received in the first round,
with the round so that a candidate with
the highest a higher first-round vote total
filling the fills an office with
the longest an equal or longer 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: report that, for each precinc
t, lists all of the information required in a contest
tabulation report.
(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. report. 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 22100 applies, residual surplus is not
applicable and shall not be reported. 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 a 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. report.
(2) A contest cast selections record report.
(b) If the elections official determines that
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 the elections official
determines it is 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 choice 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)
(b) 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)
(c) 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. manner.
(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.
(f)
(e) 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 at large by ranked choice
voting pursuant to Section 25001.
SEC. 18. Section 25041 of the Government Code is amended to read:
25041. If an election is conducted by or 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
choice voting and an election to elect one or more other
members of the board of supervisors to full terms using ranked
choice 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 Choice
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 choice 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)
(b) If a legislative body is elected by ranked
choice voting:
(1) The legislative body may have more an
odd number of members greater than five members,
five, 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). years.
(d)
(c) 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. manner.
(e)
(d) This section applies both to cities with an
elective mayor and cities with a city manager form of government.
(f)
(e) 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 choice 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 choice 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.