BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1288| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 1288 Page 2 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 SB 1288 Page 3 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 SB 1288 Page 4 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 SB 1288 Page 5 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. SB 1288 Page 6 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 SB 1288 Page 7 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, SB 1288 Page 8 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 **** END ****