BILL ANALYSIS
SB 211
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 211 (Simitian) - As Amended: August 2, 2010
Policy Committee: ElectionsVote:6-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill modifies provisions governing special expedited
elections occurring due to a large number of congressional
vacancies following a catastrophic event, largely to conform to
federal law. Specifically, this bill:
1)Changes, from at least one-quarter (or 109) to at least 101,
the threshold of congressional vacancies following a
catastrophe (including at least one representative from
California) that triggers a special election.
2)Reduces the timeframes for holding a special election, once
called, from between 56 days and 63 days to no more than 49
days, and from 90 days to 75 days if the special election is
to be consolidated with a regularly scheduled election.
3)Changes the timeframe for providing nomination papers to
county elections officials from 32 days before a special
election to 39 days and for filing nomination papers with the
Secretary of State from 28 days before the election to 35
days.
4)Moves, from 28 days before the election to 30 days before the
election, the date at which a voter may submit an application
for a vote by mail (VBM) ballot for a special election held on
an expedited schedule as described above.
5)Requires county elections officials to deliver VBM ballots to
voters residing overseas within 15 days after a special
election is called per the above.
6)Requires a VBM ballot of an overseas voter to be postmarked
SB 211
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not later than the date of the special election and be
received by the elections official within 45 days of being
transmitted to the voter.
7)Authorizes the Secretary of State, in order to facilitate the
counting of VBM ballots received pursuant to (6), to extend
deadlines for canvassing, announcement of election results,
and certification of election results.
FISCAL EFFECT
An event triggering the need for a special expedited election is
very unlikely to occur, and the provisions of this bill, by
reducing certain timeframes in current state law (to conform
with federal law) regarding the conduct of such an election,
would increase costs to local elections officials by an
incremental amount. The additional cost is unknown, but if only
$3,000 per county, on average, would exceed $150,000.
COMMENTS
Purpose . In response to the terrorist attacks of 2001, AB 2760
(Simitian)/Chapter 658 of 2002 established procedures for
expediting elections to fill a large number of Congressional
vacancies stemming from a catastrophic event. Subsequent to this
legislation, Congress enacted the Continuity of Representation
Act in 2006. The federal law was similar to the provisions of AB
2760, but differed in a few key details. SB 211 makes numerous
changes in order to conform state law with the federal law.
The most recent author's amendments resolve concerns that had
been raised by the Secretary of State.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081