BILL NUMBER: SB 1424	CHAPTERED  06/30/00

	CHAPTER   55
	FILED WITH SECRETARY OF STATE   JUNE 30, 2000
	APPROVED BY GOVERNOR   JUNE 30, 2000
	PASSED THE ASSEMBLY   JUNE 19, 2000
	PASSED THE SENATE   MAY 16, 2000
	AMENDED IN SENATE   APRIL 26, 2000

INTRODUCED BY   Senator Lewis

                        FEBRUARY 3, 2000

   An act to amend Sections 1405, 6220, 6420, 6421, 6422, 6640, 6641,
6642, 6643, 6842, 6843, 6844, 6845, 9116, 9118, 9214, 9215, 9310,
9311, and 15375 of, and to repeal Sections 9117 and 9225 of, the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1424, Lewis.   Elections.
   (1) Existing law authorizes the enactment of county, municipal,
and district ordinances by, among other methods, voter initiative,
and specifies when the election for those initiatives shall be held.

   This bill would amend and recast these provisions for purposes of
uniformity and technical clarification.
   (2) Existing law requires the Secretary of State, not later than
the 24th day after a partisan presidential primary election, to
compile and file certain statements of the canvassed returns filed
with him or her by the county elections officials, and to issue
certificates of election to winning candidates and delegates.
   This bill would instead require the Secretary of State to perform
those acts not later than the 32nd day after the election.
   (3) Existing law requires any person who receives, by write-in
vote, a plurality of the votes cast in the American Independent Party'
s delegate selection primary election, to file with the Secretary of
State, within 31 days after that party's primary election, a list of
delegates to that party's national convention, as specified.
   This bill would instead require any such person to perform that
act within 37 days after the primary election, and would make a
conforming change to a related provision and to a similar provision
applicable to the Peace and Freedom Party.
   (4) Existing law requires each group of candidates for delegates
of the Peace and Freedom Party to determine the order of members to
be certified by the Secretary of State and to certify that order to
the Secretary of State not later than the 21st day after the
election.
   This bill would instead require that the order be certified to the
Secretary of State not later than the 28th day after the election.
   (5) Existing law generally requires the elections official to send
the results of an election to the Secretary of State within 35 days
of that election, provided that the results for all persons voted for
at the presidential primary for delegates to national conventions
are required to be sent within 20 days after the election and the
results for presidential electors are required to be endorsed and
sent so that they are received not later than the first Monday in the
month following election.
   This bill would instead require that the results for persons voted
for at the presidential primary for delegates to national
conventions be sent within 28 days after the election.  It would also
delete the requirement that the results for presidential electors be
sent so that they are received not later than the first Monday in
the month following election.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 1405 of the Elections Code is amended to read:

   1405.  (a) Except as provided below, the election for a county,
municipal, or district initiative that qualifies pursuant to Section
9116, 9214, or 9310 shall be held not less than 88 nor more than 103
days after the date of the order of election.
   (1) When it is legally possible to hold a special election on an
initiative measure that has qualified pursuant to Section 9116, 9214,
or 9310 within 180 days prior to a regular or special election
occurring wholly or partially within the same territory, the election
on the initiative measure may be held on the same date as, and be
consolidated with, that regular or special election.
   (2) To avoid holding more than one special election within any
180-day period, the date for holding the special election on an
initiative measure that has qualified pursuant to Section 9116, 9214,
or 9310, may be fixed later than 103 days but at as early a date as
practicable after the expiration of 180 days from the last special
election.
   (3) Not more than one special election for an initiative measure
that qualifies pursuant to Section 9116, 9214, or 9310 may be held by
a jurisdiction during any period of 180 days.
   (b) The election for a county initiative that qualifies pursuant
to Section 9118 shall be held at the next statewide election
occurring not less that 88 days after the date of the order of
election.  The election for a municipal or district initiative that
qualifies pursuant to Section 9215 or 9311 shall be held at the
jurisdiction's next regular election occurring not less than 88 days
after the date of the order of election.
  SEC. 2.  Section 6220 of the Elections Code is amended to read:
   6220.  The Secretary of State shall, not later than the 32nd day
after the election, compile and file in his or her office a statement
of the canvassed returns filed with him or her by the county
elections officials.
   The compiled statement shall show for each candidate and
uncommitted delegation the total of the votes received, and the votes
received in each county.
  SEC. 3.  Section 6420 of the Elections Code is amended to read:
   6420.  The Secretary of State shall, not later than the 32nd day
after the election, compile and file in his or her office a statement
of the canvassed returns filed with him or her by the county
elections officials.
   The compiled statement shall show for each candidate the total of
the votes received and the votes received in each county.
  SEC. 4.  Section 6421 of the Elections Code is amended to read:
   6421.  The Secretary of State shall, not later than the 32nd day
after the election, issue a certificate of election to the candidate
who received the largest vote cast of that party, that person thereby
being the party's presidential nominee candidate from California.
  SEC. 5.  Section 6422 of the Elections Code is amended to read:
   6422.  The Secretary of State shall, not later than the 32nd day
after the election, issue a certification to each person selected as
a delegate.
  SEC. 6.  Section 6640 of the Elections Code is amended to read:
   6640.  The Secretary of State shall, not later than the 32nd day
after the election, compile and file in his or her office a statement
of the canvassed returns filed with him or her by the election
officials.
   The compiled statement shall show for each group the total of the
votes received, the votes received in each county, and the names of
the candidates comprising that group.
  SEC. 7.  Section 6641 of the Elections Code is amended to read:
   6641.  The Secretary of State shall, not later than the 32nd day
after the election, issue a certificate of election to each person
who is a member of the group that received the largest vote cast for
any group of that party, the person thereby being elected as delegate
to his or her national party convention.
  SEC. 8.  Section 6642 of the Elections Code is amended to read:
   6642.  Any person who receives, by write-in vote, a plurality of
the votes cast in the delegate selection primary shall, within 37
days after the primary election, file a list of delegates to the
national convention with the Secretary of State in the manner
prescribed in Sections 6563 and 6564.
  SEC. 9.  Section 6643 of the Elections Code is amended to read:
   6643.  If the candidate fails to file a list of delegates, the
state central committee of the party shall, within 10 days of the end
of the 37-day period required in Section 6642, file a list of
delegates with the Secretary of State.  The delegation shall go to
the convention unpledged to any candidate.
  SEC. 10.  Section 6842 of the Elections Code is amended to read:
   6842.  Each group of candidates for delegate shall meet or confer
after the presidential primary and by majority vote shall determine
the order in which members of the group shall be certified as elected
by the Secretary of State.  The order so determined shall commence
with a resident of either the northern or the southern territories,
and the names thereafter shall alternate between residents of the
northern and southern territories until the alternation is no longer
possible.  The order so determined shall be certified to the
Secretary of State by the chairperson of the committee forming the
group not later than the 28th day after the election.
  SEC. 11.  Section 6843 of the Elections Code is amended to read:
   6843.  The Secretary of State shall, not later than the 32nd day
after the election, file in her or his office a statement of the
canvassed returns for the Peace and Freedom Party presidential
preferential primary and the national convention delegate selection
election, compiled from the returns filed with the Secretary of State
by the county elections officials.  The compiled statement shall
show, for each candidate or group, the total of the votes received,
the votes received in each county, and, in the case of a group, the
names of the candidates comprising that group.
  SEC. 12.  Section 6844 of the Elections Code is amended to read:
   6844.  The Secretary of State shall, not later than the 32nd day
after the election, issue a certificate of election to as many
persons in each group as are entitled to be declared elected from
that group pursuant to Section 6840.  The names certified from each
group shall be certified in the order in which they were specified by
the group pursuant to Section 6842.  If no order was specified, the
Secretary of State shall certify as many persons from the group as
are entitled to be elected from the order in which the names of the
candidates appeared on the nomination paper of the group, with the
additional requirement that an equal number of names be selected of
persons residing in the northern and the southern territories, or, if
the number to be selected is odd, that one more person residing in
the territory with the greater portion of the state's registered
Peace and Freedom Party voters shall be certified than the number of
persons certified residing in the other territory.  Certification of
any delegates to which a write-in candidate is entitled shall be made
within three business days of the receipt of the names of those
delegates pursuant to Sections 6846 and 6847.
  SEC. 13.  Section 6845 of the Elections Code is amended to read:
   6845.  Any person who receives, by write-in vote, a sufficient
number of votes in the national convention delegate selection portion
of the Peace and Freedom Party presidential primary to be entitled
to one or more convention delegates pursuant to Section 6840, shall,
within 37 days after the primary election, file a list of as many
delegates as the person is entitled to with the Secretary of State.
The delegates selected shall meet the residence distribution
requirement specified in Section 6763 and shall be voters registered
as affiliated with the Peace and Freedom Party in California.
  SEC. 14.  Section 9116 of the Elections Code is amended to read:
   9116.  If the initiative petition is signed by voters not less in
number than 20 percent of the entire vote cast within the county for
all candidates for Governor at the last gubernatorial election
preceding the publication of the notice of intention to circulate an
initiative petition, and contains a request that the ordinance be
submitted immediately to a vote of the people at a special election,
the board of supervisors shall do one of the following:
   (a) Adopt the ordinance without alteration either at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
   (b) Immediately call a special election pursuant to subdivision
(a) of Section 1405, at which the ordinance, without alteration,
shall be submitted to a vote of the voters of the county.
   (c) Order a report pursuant to Section 9111 at the regular meeting
at which the certification of the petition is presented.  When the
report is presented to the board of supervisors, it shall either
adopt the ordinance within 10 days or order an election pursuant to
subdivision (b).
  SEC. 15.  Section 9117 of the Elections Code is repealed.
  SEC. 16.  Section 9118 of the Elections Code is amended to read:
   9118.  If the initiative petition is signed by voters not less in
number than 10 percent of the entire vote cast in the county for all
candidates for Governor at the last gubernatorial election preceding
the publication of the notice of intention to circulate an initiative
petition, the board of supervisors shall do one of the following:
   (a) Adopt the ordinance without alteration at the regular meeting
at which the certification of the petition is presented, or within 10
days after it is presented
   (b) Submit the ordinance, without alteration, to the voters
pursuant to subdivision (b) of Section 1405, unless the ordinance
petitioned for is required to be, or for some reason is, submitted to
the voters at a special election pursuant to subdivision (a) of
Section 1405.
   (c) Order a report pursuant to Section 9111 at the regular meeting
at which the certification of the petition is presented.  When the
report is presented to the board of supervisors, it shall either
adopt the ordinance within 10 days or order an election pursuant to
subdivision (b).
  SEC. 17.  Section 9214 of the Elections Code is amended to read:
   9214.  If the initiative petition is signed by not less than 15
percent of the voters of the city according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, and contains a request that
the ordinance be submitted immediately to a vote of the people at a
special election, the legislative body shall do one of the following:

   (a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
   (b) Immediately order a special election, to be held pursuant to
subdivision (a) of Section 1405, at which the ordinance, without
alteration, shall be submitted to a vote of the voters of the city.
   (c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented.  When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
  SEC. 18.  Section 9215 of the Elections Code is amended to read:
   9215.  If the initiative petition is signed by not less than 10
percent of the voters of the city, according to the last report of
registration by the county elections official to the Secretary of
State pursuant to Section 2187, effective at the time the notice
specified in Section 9202 was published, or, in a city with 1,000 or
less registered voters, by 25 percent of the voters or 100 voters of
the city, whichever is the lesser number, the legislative body shall
do one of the following:
   (a) Adopt the ordinance, without alteration, at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
   (b) Submit the ordinance, without alteration, to the voters
pursuant to subdivision (b) of Section 1405, unless the ordinance
petitioned for is required to be, or for some reason is, submitted to
the voters at a special election pursuant to subdivision (a) of
Section 1405.
   (c) Order a report pursuant to Section 9212 at the regular meeting
at which the certification of the petition is presented.  When the
report is presented to the legislative body, the legislative body
shall either adopt the ordinance within 10 days or order an election
pursuant to subdivision (b).
  SEC. 19.  Section 9225 of the Elections Code is repealed.
  SEC. 20.  Section 9310 of the Elections Code is amended to read:
   9310.  (a) If the initiative petition is signed by voters not less
in number than 10 percent of the voters in the district, where the
total number of registered voters is less than 500,000, or not less
in number than 5 percent of the voters in the district, where the
total number of registered voters is 500,000 or more, and the
petition contains a request that the ordinance be submitted
immediately to a vote of the people at a special election, the
district board shall do either of the following:
   (1) Adopt the ordinance, without alteration, either at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
   (2) Immediately order that the ordinance be submitted to the
voters, without alteration, pursuant to subdivision (a) of Section
1405.
   (b) The number of registered voters referred to in subdivision (a)
shall be calculated as of the time of the last report of
registration by the county elections official to the Secretary of
State made prior to publication or posting of the notice of intention
to circulate the initiative petition.
  SEC. 21.  Section 9311 of the Elections Code is amended to read:
   9311.  If the initiative petition does not request a special
election, the district board shall do either of the following:
   (a) Adopt the ordinance, without alteration, either at the regular
meeting at which the certification of the petition is presented, or
within 10 days after it is presented.
   (b) Submit the ordinance to the voters, without alteration,
pursuant to subdivision (b) of Section 1405, unless the ordinance
petitioned for is required to be, or for some reason is, submitted to
the voters at a special election pursuant to subdivision (a) of
Section 1405.
  SEC. 22.  Section 15375 of the Elections Code is amended to read:
   15375.  The elections official shall send to the Secretary of
State within 35 days of the election in the manner requested one
complete copy of all results as to all of the following:
   (a) All candidates voted for statewide office.
   (b) All candidates voted for the following offices:
   (1) Member of the Assembly.
   (2) Member of the Senate.
   (3) Member of the United States House of Representatives.
   (4) Member of the State Board of Equalization.
   (5) Justice of the Courts of Appeal.
   (6) Judge of the superior court.
   (7) Judge of the municipal court.
   (c) All persons voted for at the presidential primary.  The
results for all persons voted for at the presidential primary for
delegates to national conventions shall be canvassed and shall be
sent within 28 days after the election.  The results at the
presidential primary for candidates for President to whom delegates
of a political party are pledged shall be reported according to the
number of votes each candidate received from all voters and
separately according to the number of votes each candidate received
from voters affiliated with each political party qualified to
participate in the presidential primary election, and from voters who
have declined to affiliate with a qualified political party.
   (d) The vote given for persons for electors of President and Vice
President of the United States.  The results for presidential
electors shall be endorsed "Presidential Election Returns."
   (e) All statewide measures.