BILL ANALYSIS �
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CONCURRENCE IN SENATE AMENDMENTS
AB 93 (Lara)
As Amended March 14, 2011
2/3 vote. Urgency
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|ASSEMBLY: | |(February 22, |SENATE: |35-0 |(March 17, |
| | |2011) | | |2011) |
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(vote not relevant)
Original Committee Reference: Not Applicable
SUMMARY : Establishes an alternate procedure for the declaration
of election results for, and the installation of officers
elected at, the March 8, 2011, municipal election in the City of
Bell.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Allow the City of Bell, in lieu of complying with specified
provisions of the Elections Code, to comply with the following
procedure with respect to its March 8, 2011, municipal
election, subject to the approval of the Los Angeles County
Board of Supervisors:
a) Requires the Bell City Clerk to certify the results of
the election to the Los Angeles County Board of Supervisors
upon completion of the canvass of the votes by the Los
Angeles County Registrar-Recorder/County Clerk;
b) Requires the Los Angeles County Board of Supervisors to
adopt a resolution reciting the fact of the election and
declaring the results of the election within seven days of
the Bell City Clerk's certification of the election
results; and,
c) Requires the Bell City Clerk to install the newly
elected officers at Bell City Hall within 48 hours of the
time that the Los Angeles County Board of Supervisors
adopts the resolution declaring the results of the
election.
2)Add an urgency clause, allowing this bill to take effect
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immediately upon enactment.
EXISTING LAW :
1)Requires the elections official who conducts a municipal
election to conduct the canvass of that election and to
certify the results of the election to the governing body upon
completion of the canvass.
2)Requires the city council, upon receipt from the city
elections official of a certification of election results for
a municipal election and before installing the new officers,
to adopt a resolution reciting the fact of the election.
Requires the governing body to declare elected the persons for
whom the highest number of votes was cast for each office, and
to install the newly elected officers.
AS PASSED BY THE ASSEMBLY , this bill expressed the intent of the
Legislature to enact statutory changes relating to the Budget
Act of 2011.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS : According to the author, "Last fall, eight current and
former Bell officials were arrested and charged with various
crimes, including misappropriation of public funds and
defrauding taxpayers of roughly $5.5 million. Among those
arrested were three of four sitting City Council Members who,
since the arrest, have been charged in the corruption scandal.
In February, at the conclusion of the preliminary hearings, a
Los Angeles Superior Court judge ordered the three City Council
Members to stay 100 yards from City Hall and prohibited them
from engaging in any City business. As a result of the court's
order the City is currently without a functioning City Council.
"On March 8, 2011, the City held a General Municipal Election,
Special Recall Election and Special Election to Fill a Vacancy.
Under the provisions of the City's Charter, the City Clerk is
required to certify the canvass of the vote in any general or
special election. The City's Charter further requires that all
municipal elections are to be held, canvassed, and conducted, as
set forth in State law. In accordance with Sections 10262 and
10263 of the Elections Code, the City Clerk is required to
certify the results to the City Council, and once the canvass is
complete, the City Council is required to declare the results of
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the election and install the newly elected council members.
"The court's order directly impacts the City's ability to
certify, declare the results and install the new City Council,
following the March 8, 2011 elections. Given the absence of a
functioning City Council and the statutory requirement that the
City Council declare the election results it is necessary for
the legislature to provide an alternative procedure for the
certification, declaration, and installation of the new city
council."
As noted by the author above, last September, eight current and
former Bell city officials were arrested, including four of the
five sitting city council members at the time. At the time of
the arrests, a recall effort was underway against those four
council members. The recall against all four council members
qualified for the ballot, and the recall election was scheduled
for March 8, 2011, to coincide with the city's general municipal
election. Although one of the council members who was the
subject of the recall subsequently resigned, the recall election
nonetheless proceeded against that official because he resigned
after recall petitions had been submitted for signature
verification.
At the request of the City of Bell, the recall and general
municipal election was conducted by the Los Angeles County
Registrar-Recorder/County Clerk. Based on the semi-final
official election returns, each of the four council members was
successfully recalled, with over 95% of the vote cast in favor
of each of the four recalls.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of the bill were deleted. This
bill, as amended in the Senate is inconsistent with Assembly
actions.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0000108
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