BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 1275 HEARING DATE: 4/19/12
AUTHOR: LIEU ANALYSIS BY: Frances Tibon
Estoista
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Vacancies in office: special elections
DESCRIPTION
Existing law requires the Governor to issue a proclamation
calling a special election within 14 calendar days of the
occurrence of a vacancy in a congressional or legislative
office. If that vacancy occurs after the close of the
nomination period in the final year of the term of office,
the Governor may decline to call a special congressional
election and he is prohibited from calling a special
legislative election.
Existing law requires a special election to fill a vacancy
in the office of
Representative in Congress, State Senator, or Member of the
Assembly shall be conducted on a Tuesday at least 112 days,
but not more than 126 days, following the issuance of an
election proclamation by the Governor, except that any
special election may be conducted within 180 days following
the proclamation in order that the election or the primary
election may be consolidated with the next regularly
scheduled statewide election or local election occurring
wholly or partially within the same territory in which the
vacancy exists, provided that the voters eligible to vote
in the local election comprise at least 50 percent of all
the voters eligible to vote on the vacancy.
This bill would instead require the Governor to schedule a
special election to fill a vacancy in an elected office at
least 126 days but not more than 140 days following the
issuance of the election proclamation.
Existing law provides that a special primary election shall
be held in the district in which the vacancy occurred on
the eighth Tuesday or, if the eighth Tuesday is the day of
or the day following a state holiday, the ninth Tuesday
preceding the day of the special general election at which
the vacancy is to be filled. Candidates at the primary
election shall be nominated in a specified manner, except
that nomination papers shall not be circulated more than 63
days before the primary election, shall be left with the
county elections official for examination not less than 43
days before the primary election, and shall be filed with
the Secretary of State not less than 39 days before the
primary election.
This bill would also make conforming changes to other
related sections of current law.
BACKGROUND
In 2009 President Obama signed the Military and Overseas
Voter Empowerment (MOVE) Act, which requires that absentee
ballots must be sent at least 45 days before the election
to any Uniformed and Overseas Citizens Absentee Voting Act
voter who has submitted a request by that date. Under
current law, after the Governor announces a special
election in the wake of a vacancy in a legislative or
congressional office, a special general election must be
held within 112-126 days. Depending on when the Governor
calls the election, which must be within 14 days of the
vacancy, there can be very little time for elections
officials to prepare and candidates to file documents
before the primary election.
COMMENTS
1.According to the author , this bill gives elections
officials more time to ensure all the requirements are
met for military and overseas voters by changing the
window when a special general election can be held from
112 to 126 days after the Governor's election
proclamation, to 126 to 140 days after the Governor's
announcement.
This bill also allows elections officials to mail out
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vote-by mail ballots 29 days before every election,
giving voters more time to consider the candidates and
issues on their ballot.
POSITIONS
Sponsor: Secretary of State
Support: None received
Oppose: None received
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