BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1288
          Author:   Leno (D), et al.
          Amended:  8/1/16  
          Vote:     21 

           SENATE ELECTIONS & C.A. COMMITTEE:  3-1, 4/19/16
           AYES:  Allen, Hancock, Hertzberg
           NOES:  Anderson
           NO VOTE RECORDED:  Liu

           SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

           SENATE FLOOR:  24-12, 5/23/16
           AYES:  Allen, Beall, Block, Cannella, De León, Glazer, Hall,  
            Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara,  
            Leno, Leyva, McGuire, Mitchell, Monning, Pan, Pavley, Roth,  
            Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Fuller, Gaines, Huff,  
            Moorlach, Morrell, Nguyen, Nielsen, Stone, Vidak
           NO VOTE RECORDED:  Galgiani, Liu, Mendoza, Runner

           ASSEMBLY FLOOR:  48-26, 8/18/16 - See last page for vote

           SUBJECT:   Elections:  local voting methods


           SOURCE:    California Common Cause
                      Californians for Electoral Reform

          
          DIGEST:   This bill authorizes a general law city, a general law  
          county, or an educational district, as specified, to conduct a  
          local election using ranked choice voting (RCV), as specified.   
          Permits a general law city, a school district, and a district  
          not formed for municipal purposes to elect a candidate for  








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          nonpartisan office at a primary election by majority vote,  
          instead of a plurality vote, as specified.  



          Assembly Amendments add coauthors and provide that an ordinance  
          establishing RCV voting shall not become operative unless it is  
          approved by the electors of the city at a regularly scheduled  
          election.


          ANALYSIS:   


          Existing law:

          1)Provides, generally, that a candidate for nonpartisan local  
            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 or  
            run-off election.  For some local offices the two candidates  
            who receive the highest number of votes proceed to a general  
            or run-off election.  However, the winning candidates for some  
            local offices are required to be determined in a single  
            election by only having to garner a plurality of all votes  
            cast. 

          2)Does not permit general law cities and counties, nor school  
            and special districts, to adopt alternative voting methods  
            commonly known as ranked choice or instant run-off voting.   
            These types of jurisdictions are limited to traditional voting  
            methods whereby candidates are elected by either attaining a  
            plurality of votes in a single election or through a run-off  
            election held on a later date.  Charter cities and charter  
            counties, however, do currently have the ability to adopt  
            alternative voting methods through the charter amendment  
            process. 

          This bill: 

          1)Allows a general law city, a school district, and a district  
            not formed for municipal purposes to require a candidate for  








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            nonpartisan office that does not receive a majority of all  
            votes cast in a primary election to appear in a general or  
            runoff election, instead of being required to elect officials  
            using a single, plurality election, as specified. 

          2)Allows a general law city, a general law county, county board  
            of education, school district, or community college district,  
            with voter approval, to conduct a local election using RCV, as  
            specified.

          3)Permits a county elections official, if a county board of  
            education, school district, or community college district  
            authorizes the use of RCV, to certify that the county lacks  
            the technological capacity to conduct elections by this method  
            before that method is used in any election, as specified.

          4)Requires a jurisdiction that uses RCV or changes from a  
            plurality vote method to a majority vote method pursuant to  
            this bill, to conduct a voter education and outreach campaign,  
            as specified.    

          5)Provides that RCV is a method that allows voters to rank  
            candidates for office in order of preference and that  
            elections conducted by RCV may be used for both single-winner  
            and multiple-winner elections.  Provides that elections  
            conducted by RCV are tabulated in rounds, as specified. 

          6)Requires an elections official to publish and post tabulation  
            reports, as specified. 

          7)Makes other corresponding and technical changes.


          Background
          
          So How Does this System Work?  RCV is an election method in  
          which voters rank the candidates for office in order of  
          preference, and the ballots are counted in rounds.  In the case  
          of a single-winner election these rounds simulate a series of  
          runoffs until only two candidates remain, with the candidate  
          having the greater number of votes being declared the winner.   
          In the case of a multiple-winner election, these rounds fill all  








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          seats to be elected.

          For single winner elections, in the first round, every ballot  
          shall count as a vote towards the candidate indicated by the  
          highest ranking on that ballot.  After every round, if a  
          candidate receives a majority of votes from the continuing  
          ballots, that candidate is declared elected.  If no candidate  
          receives a majority, the candidate receiving the smallest number  
          of votes will be eliminated, and every ballot counting towards  
          that candidate will be advanced to the next-ranked continuing  
          candidate on the ballot.

          For an election to elect two or more candidates to office, a  
          minimum threshold of votes necessary to be elected will be  
          determined according to a specified formula.  All ballots are  
          counted and each ballot will be allocated as a vote to the  
          candidate receiving the highest ranking.  Each candidate that  
          receives the minimum threshold of votes necessary to be elected  
          will be declared elected.  

          Current Ranked Voting in California.  In California the charter  
          cities of San Francisco, Oakland, Berkeley, and San Leandro have  
          all conducted city elections using ranked voting.   
          Commensurately, San Francisco and Alameda County (where the  
          other cities are located) are the only jurisdictions that have  
          voting systems currently certified for use in California that  
          would accommodate an election using ranked voting.

          Can Voters Vote Twice or Are Votes Counted Twice?  While  
          explaining the vote tabulation system is somewhat complex, no  
          voter gets to vote twice and no vote is counted twice.  In a  
          single-winner system where the last place candidate is  
          eliminated, voters who listed that candidate first on their  
          ballot then get to use the second choice on their ballot once  
          that first choice is eliminated.  They may get two (or more)  
          chances to use their vote, but they never get more than one  
          vote.  The multi-winner system is somewhat more complicated  
          because of how a portion of the "excess votes" can be  
          transferred, but there's still only one total vote per voter.


          Comments








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          1)According to the author, under current law, general law cities  
            are only allowed to hold plurality winner elections (i.e. most  
            votes wins, even if the winner has less than majority  
            support).  Charter cities, on the other hand, are given more  
            flexibility in selecting voting systems under constitutional  
            home rule protections within the state Constitution.  Under  
            current law, general law cities are prohibited from using the  
            majoritarian voting systems commonly used by charter cities  
            and counties in California, for example the traditional runoff  
            or RCV. 

          While all voting systems have trade-offs, restricting general  
            law cities to plurality elections locks them into a voting  
            system that does an especially poor job of reflecting voter  
            preferences.  Plurality voting has a number of well-recognized  
            drawbacks:

            First, it is not clear that a candidate elected by plurality  
            is a true "representative" of that area, as a majority of the  
            electorate voted for another candidate.  Plurality voting can  
            even enable a candidate who is least liked by the majority of  
            voters to get elected due to vote-splitting, commonly referred  
            to as the "spoiler effect."  Non-majority winners happen  
            frequently under plurality voting.  In fact, from 2006-2014, a  
            candidate for a single-seat local office was elected with less  
            than a majority 13% of the time; when looking only at races  
            with three or more candidates, the winner is elected by a mere  
            plurality 42% of the time.

            Second, candidates who are elected by plurality may enter  
            office with a weak mandate, harming their ability to govern. 

            Finally, plurality voting encourages insincere voting - due to  
            fears of "wasting their vote" or flipping an election to the  
            candidate they least like, plurality election systems actively  
            discourage voters from casting their ballot for the candidate  
            that best represents their preferences.

            This bill gives local governments (cities, counties, school  
            districts, and community colleges) the ability to adopt a  
            voting system that best matches the needs of their community.   








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            It does not impose any new voting system, but simply gives  
            local jurisdictions additional options which ensure that  
            candidates are elected with majority support.  In particular,  
            this bill authorizes local governments to adopt, in addition  
            to plurality voting:

            Traditional two-round runoff: if no candidate receives over  
            50% of the vote, a second election is held between the top two  
            vote-getters to determine who wins.  Los Angeles, San Diego,  
            San Jose, Sacramento, and many counties use this system.

            Ranked Choice Voting: voters rank the candidates on their  
            ballots.  Votes are counted in runoff elimination rounds until  
            only two candidates remain, eliminating the need for a second  
            election.  This bill also authorizes local governments to use  
            the multi-seat version of RCV.  Several cities, including San  
            Francisco and Oakland use RCV.

            Numerous other general law cities and counties are exploring  
            using RCV, and the Legislature should allow these cities the  
            flexibility they need to serve their voters.  Cities and  
            counties deserve the opportunity to use the electoral systems  
            that best address their unique needs.


          2)Sounds Complicated - Or is It?  While the formulas for  
            determining winners and transfer values, etc. under this bill  
            may appear complicated, that will not be evident to the  
            voters.  Voters will merely have to rank the candidates on the  
            ballot according to their preference.

          Related/Prior Legislation
          
          Since 2006, there have been numerous prior bills intended to  
          permit local jurisdictions to use RCV for either regular or  
          special elections.  All of these bills either failed passage in  
          the Legislature or were vetoed by the Governor, including all of  
          the following: SB 596 (Bowen, 2006), AB 1294 (Mullin and Leno,  
          2007), AB 1121 (Davis, 2009), SB 2732 (Eng, 2010), and SB 1346  
          (Hancock, 2010).
          
          FISCAL EFFECT:   Appropriation:    No          Fiscal  








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          Com.:YesLocal:   No


          According to the Assembly Appropriations Committee:

          1)Any costs to cities and counties to procure and obtain  
            certification of an election system with RCV capability and to  
            conduct voter education and outreach on RCV would be  
            significant, but would be nonreimbursable, as the bill is  
            permissible.

          2)Minor one-time costs of $40,000 to the Secretary of State  
            (SOS) for RCV regulations. The SOS has already developed  
            guidelines for the handful of jurisdictions currently  
            conducting RCV.


          SUPPORT:   (Verified8/19/16)


           California Common Cause (co-source)
           Californians for Electoral Reform (co-source)
           Asian American Action Fund
           Asian American Advancing Justice- California
           Democracy for America
          FairVote
           League of California Cities
           League of Women Voters of California
          Los Angeles Voters for Instant Runoff Elections
          Mendocino County Board of Supervisors
          Oakland Rising
          Southwest Voter Registration Education Project


          OPPOSITION:   (Verified8/19/16)


          None received

           ASSEMBLY FLOOR:  48-26, 8/18/16
           AYES: Alejo, Atkins, Baker, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Daly, Eggman,  








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            Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez,  
            Gonzalez, Gordon, Gray, Holden, Irwin, Jones-Sawyer, Levine,  
            Lopez, Low, Mayes, McCarty, Medina, Mullin, Nazarian, Olsen,  
            Quirk, Ridley-Thomas, Rodriguez, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Wilk, Williams, Wood, Rendon
           NOES: Achadjian, Travis Allen, Arambula, Bigelow, Brough,  
            Chávez, Cooper, Dababneh, Dahle, Dodd, Beth Gaines, Grove,  
            Hadley, Harper, Jones, Lackey, Linder, Mathis, Melendez,  
            Obernolte, O'Donnell, Patterson, Salas, Steinorth, Wagner,  
            Waldron
           NO VOTE RECORDED: Campos, Frazier, Gallagher, Roger Hernández,  
            Kim, Maienschein



          Prepared by:Darren Chesin / E. & C.A. / (916) 651-4106
          8/19/16 19:37:24


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