BILL ANALYSIS
AB 18
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Date of Hearing: May 5, 2009
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 18 (Knight) - As Amended: April 27, 2009
SUBJECT : Local government: city councils.
SUMMARY : Extends the amount of time that a city council has to
fill a vacancy in an elective city office. Specifically, this
bill extends, from 30 days to 60 days after the commencement of
a vacancy in an elective city office, the amount of time that
the city council has to either fill the vacancy by appointment
or to call a special election to fill the vacancy.
EXISTING LAW :
1)Provides that if a vacancy occurs in an appointive office, the
city council shall fill the vacancy by appointment. A person
appointed to fill a vacancy holds office for the unexpired
term of the former incumbent.
2)Provides that if a vacancy occurs in an elective office, the
council shall, within 30 days from the commencement of the
vacancy, either fill the vacancy by appointment or call a
special election to fill the vacancy. A special election
shall be held on the next regularly established election date
not less than 114 days from the call of the special election.
3)Allows a city to adopt an ordinance that does any of the
following:
a) Requires that a special election be called immediately
to fill every city council vacancy and the office of mayor;
b) Requires that a special election be held to fill a city
council vacancy and the office of mayor when petitions
bearing a specified number of verified signatures are
filed; or,
c) Provides that a person appointed to fill a vacancy on
the city council holds office only until a special election
is held.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
AB 18
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COMMENTS :
1)Purpose of the Bill : According to the author:
Current law dictates that a city council must fill a vacant
council position within 30 days from the time the member
steps down. It requires that the council either appoint a
replacement, or call for a special election if they cannot
come to an agreement. This law results in an unnecessary
financial burden on the citizens of the city when the
council is only provided 30 days to agree upon a
replacement.
Assembly Bill (AB) 18 would allow a city council seat to
remain vacant for up to 60 days before a city council must
appoint a new member or call a special election. This bill
would in most cases allow the necessary time needed for
city council members to appoint a replacement to a vacant
seat thereby eliminating the need for a special election,
saving the city and its taxpayers tens of thousands of
dollars. AB 18 is a local flexibility and cost savings
issue that would allow more control for local governments.
2)Prior Action : This bill was previously heard in this
committee on March 31, 2009. At that time, the bill would
have allowed a city council to leave a council seat vacant for
up to a year instead of filling that seat by appointment or by
calling a special election. That bill failed passage on a 2-4
vote. After being granted reconsideration on April 21, 2009,
this bill was amended to contain the current contents of the
bill.
3)Double-Referral : This bill has been double-referred to the
Assembly Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION :
Support
League of California Cities
Opposition
None on file.
AB 18
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Analysis Prepared by : Ethan Jones & Qiana Charles / E. & R. /
(916) 319-2094