BILL ANALYSIS �
SB 1275
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Date of Hearing: June 19, 2012
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 1275 (Lieu) - As Amended: April 24, 2012
SENATE VOTE : 37-0
SUBJECT : Vacancies in office: special elections.
SUMMARY : Modifies the timeline for conducting a special
election to fill a vacancy in the office of Representative in
Congress, State Senator, or Member of the Assembly.
Specifically, this bill :
1)Requires a special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of the
Assembly to be conducted on a Tuesday at least 126 days, but
not more than 140 days, following the issuance of an election
proclamation by the Governor.
2)Permits nomination papers to be circulated beginning 73 days
before the special primary election instead of 63 days before
the election. Requires those nomination papers to be left with
the county elections official for examination and filed with
the Secretary of State (SOS) not less than 53 days before the
special primary election, instead of being left with the
county elections official 43 days before the special primary
election and filed with the SOS 39 days before the special
primary election.
3)Requires the special primary election to be conducted in the
district in which the vacancy occurred on either the ninth or
10th Tuesday before the special general election, as
specified, instead of either the eighth or ninth Tuesday
before the special general election.
4)Requires an application for a vote by mail ballot in a special
primary election to be made in the same manner as for a
regularly scheduled election.
EXISTING LAW :
1)Requires the Governor to issue a proclamation calling a
special election within 14 calendar days of the occurrence of
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a vacancy in a congressional or legislative office, unless
that vacancy occurs after the close of the nomination period
in the final year of the term of office.
2)Requires a special general election to fill a vacancy in the
office of Representative in Congress, State Senator, or Member
of the Assembly, to be conducted on a Tuesday that is at least
112 days, but not more than 126 days, following the issuance
of a proclamation by the Governor calling that special
election. Allows a special general election to be conducted
within 180 days following the issuance of a proclamation so
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.
3)Requires a special primary election to be held in the district
in which the vacancy occurred on the eighth Tuesday prior to
the special general election. Provides that if the eighth
Tuesday prior to the special general election is the day of,
or the day after a state holiday, the special primary election
shall be held on the ninth Tuesday prior to the special
general election.
4)Requires candidates to be nominated in a specified manner for
special primary elections. Prohibits nomination papers from
being circulated more than 63 days before the special primary
election and requires the nomination papers to be left with
the county elections official for examination not less than 43
days before the special primary election. Requires nomination
papers to be filed with the SOS not less than 39 days before
the primary election.
5)Requires an application for a vote by mail voter's ballot to
be made in writing to the elections official having
jurisdiction over the election between the 29th and the
seventh day prior to the election.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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COMMENTS :
1)Purpose of the Bill : According to the author:
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 UOCAVA voter who has submitted a request by that
date." In addition, under current California law, after the
Governor announces a special election in the wake of a
vacancy in a legislative or congressional seat, a special
general election must be held within 112 to 126 days.
These two requirements in tandem create a time shortage
that makes it difficult for elections officials to comply
with both laws.
The bill attempts to ease this burden by changing the
window when a special general election can be held to 126
to 140 days after the Governor's announcement.
The bill also standardizes when elections officials can
mail vote-by-mail ballots before the election to 29 days in
advance.
2)Timing Changes : When a vacancy occurs in the office of
Representative of Congress, State Senator, or Member of the
Assembly, the Governor has 14 calendar days in which to issue
a proclamation to call a special election to fill the vacancy,
unless that vacancy occurs after the close of the nomination
period in the final year of the term of office.
This bill seeks to revise the timeframe for conducting special
elections to fill vacancies through the following changes:
a) Instead of conducting the special election on a Tuesday
at least 112 days but not more than 126 days following the
proclamation, the time in which the election would be
conducted is extended by 14 days and takes place on a
Tuesday that falls at least 126 days but not more than 140
days following the proclamation. Special general and
primary elections could still be consolidated with a
regularly scheduled state or local election that occurs
within 180 days.
b) The timeframe for a candidate to circulate nomination
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papers before a special primary election begins and ends 10
days earlier - permitting circulation to begin 73 days
before the primary election instead of the current 63 days,
and requiring papers to be filed with the elections
official not less than 53 days before the date of the
special primary election instead of 43 days.
c) The time period to apply for a vote by mail ballot
before a special primary election will begin on the 29th
day before the election instead of the 25th day before the
election, making the timeline for requesting a vote by mail
ballot consistent with regularly scheduled elections.
1)Previous Legislation : In 2002, in response to the September
11, 2001 terrorist attacks, the Legislature enacted AB 2760
(Simitian), Chapter 658, Statutes of 2002, which established
procedures to expedite special elections to fill vacancies in
congressional offices caused by a natural or man-made
catastrophe. Subsequent to California's approval of AB 2760,
the federal government enacted the Continuity in
Representation Act as part of the Legislative Branch
Appropriations Act, 2006 (H.R. 2985 of the 109th Congress).
SB 211 (Simitian), Chapter 306, Statutes of 2010, made
numerous changes to provisions of state law that were
originally enacted by AB 2760 in order to conform to the
federal Continuity in Representation Act.
AB 3070 (Elections & Redistricting Committee), Chapter 108,
Statutes of 2008, gave the Governor additional flexibility in
scheduling special elections held to fill vacancies in the
Legislature or Congress in an attempt to allow a larger number
of special elections to be consolidated with regularly
scheduled elections.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (Sponsor)
American Legion, Department of California
AMVETS-Department of California
California Association of Clerks and Election Officials
(February 23, 2012 version)
Monterey County Board of Supervisors
Vietnam Veterans of American-California State Council
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Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094