Amended in Assembly June 29, 2016

Amended in Assembly June 15, 2016

Amended in Senate April 4, 2016

Senate Bill No. 1288

Introduced by Senator Leno

begin delete

(Coauthor: Senator Allen)

end delete begin insert

(Coauthors: Senators Allen and Hancock)

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(Coauthor: Assembly Member Chiu)

February 19, 2016

An act to amend Sections 5013, 5020, 5027, 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 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 apply these provisions, upon approval by a jurisdiction’s voters, to the nomination of officers for any jurisdiction not formed for municipal purposes, officers for general law cities, and school district 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.

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. 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 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) 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 trustee area.

(d) A county board of education member 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.

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
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 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 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) 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 trustee area.

(c) A member of the governing board of a school district or
community college district 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.

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 begin insert (commencing with Section 22000) end insert 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.”

(f) If more than one proposal appears on the ballot, all must
carry in order for any to become effective, except as follows:

(1) A 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 proposal that is inconsistent with
that proposal has been approved by a greater number of voters.

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

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 begin delete are end delete begin insert as end insert 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 begin delete year end delete begin insert year, end insert 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, 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 7 days, and not more than 60 days, before 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 8141.3 is added to the Elections Code, to
read:

8141.3.  

(a) Notwithstanding Section 8000, the following
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:

(1) A district not formed for municipal purposes.

(2) A general law city.

(3) A school district.

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

(c) A proposal to conduct elections pursuant to this section shall
be submitted to the electors of the jurisdiction at a regularly
scheduled election and shall become operative only if a majority
of votes cast favor adoption of the proposal.

SEC. 12.  

Section 10005 is added to the Elections Code, to read:

10005.  

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

(1) “Additional supported language” means a language for which
a jurisdiction is required to provide voting materials and assistance
under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101
et seq.) or for which the Secretary of State has determined that it
is necessary to provide facsimile ballots at a precinct within the
jurisdiction pursuant to subdivision (c) of Section 14201.

(2) “Additional supported language community” means a
community that speaks an additional supported language.

(b) A jurisdiction that uses ranked choice voting or elects a
candidate pursuant to Section 8141.3 shall conduct a voter
education and outreach campaign before each election conducted
pursuant to this division, until the conclusion of the second general
election conducted in this manner. A campaign conducted pursuant
to this section shall include public meetings and public service
announcements on radio, television, or in print media, including
media serving additional supported language communities, if
available, to familiarize voters with that election method. Materials
and information disseminated as part of the campaign shall be
provided in all additional supported languages and shall be
accessible to individuals with disabilities.

(c) A jurisdiction shall, in collaboration with the county elections
official, develop a plan describing how it will conduct the voter
education and outreach campaign required by this section. The
plan shall include all of the following information:

(1) How the jurisdiction will use media, which may include
social media, newspapers, radio, and television, to inform voters
about an upcoming election.

(2) What information will be publicly available on the elections
official’s Internet begin delete web end delete begin insert Web end insert site.

(3) What information will be included in the sample ballot and
vote by mail materials.

(4) How the jurisdiction will conduct direct outreach to voters,
including voters with disabilities.

(5) How the jurisdiction will have a community presence to
educate voters, including voters with disabilities.

(6) How the jurisdiction will educate voters within each
additional supported language community.

(d) (1) Before finalizing its plan, a jurisdiction shall publish a
draft plan and hold, at least 10 days after publication of its plan,
at least two public meetings to discuss the plan. The jurisdiction
shall also make a good faith effort to invite each of the following
to at least one of those public meetings:

(A) Representatives, advocates, and other stakeholders
representing each additional supported language community.

(B) Representatives from the disability community and
community organizations and individuals that advocate on behalf
of, or provide services to, individuals with disabilities.

(2) A public meeting conducted pursuant to this section shall
be noticed at least 10 days in advance of the hearing and shall be
held in a location that is accessible to people with disabilities.

(3) If requested to do so at least 48 hours before a public meeting
conducted pursuant to this section, a jurisdiction shall provide
either or both of the following:

(A) Reasonable accommodations and modifications, as well as
auxiliary aids and services to ensure effective communication with
people with disabilities.

(B) Translation services in any additional supported language.

(e) All materials provided by the voter education and outreach
campaign, including materials provided on the Internet Web site
of the elections official, sample ballots and vote by mail materials,
and materials provided through direct outreach and community
presence, shall be provided in the additional supported languages
and shall be accessible to individuals with disabilities.

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.  

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, 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 a ranking with a numerical 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 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.

(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.

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

22002.  

A ballot that does not contain a highest-ranked
continuing candidate shall not count for any candidate, but rather
shall count as an overvote, abstention, or other exhausted vote.

22003.  

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

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 three
candidates or the maximum number allowed by the equipment.

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, each conducted 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, in which case that
candidate shall be designated as elected.

(2) There are exactly two continuing 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
majority candidate shall be designated as elected, all other
continuing candidates shall be designated as defeated, and the
tabulation 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 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, each conducted with
the following steps:

(a) In the first round:

(1) All ballots shall be counted, and each ballot shall be counted
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 counting for 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.

(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.

(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.

(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.

(f) For each 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 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 nor as part of other exhausted votes.

(4) After 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 total for the remainder of the tabulation
shall be equal to the threshold.

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

(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 based on the number of votes they received in
the first round so that a candidate with a higher first-round vote
total fills an office with 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 begin delete both end delete begin insert all end insert
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 report that, for each
precinct, lists all of the information required in a contest tabulation
report.

(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. 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 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.

(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) A proposal pursuant to subdivision (a) 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.

(c) A proposal enacted pursuant to this section may be amended
or repealed in the same 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.

(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 begin delete which he end delete begin insert that he or she end insert 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 begin delete which he end delete begin insert that he
or she end insert 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 begin insert or her end insert
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)  begin delete At any municipal election, or special election held
for that purpose, the end delete begin insert A municipal end insert 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 begin delete only. end delete begin insert only and end insert begin insert shall not become operative unless it
is submitted to the electors of the city at a regularly scheduled
election and a majority of the votes cast on the question favor the
adoption of the proposal. end insert

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

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

(2) A member’s term of office shall be four years.

(c) An ordinance enacted pursuant to this section may be
amended or repealed in the same manner.

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

(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.

(f) A city 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.

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.