California Legislature—2013–14 Regular Session

Assembly Bill No. 1752

Introduced by Assembly Member Fong

February 14, 2014

An act to amend Section 13108 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1752, as introduced, Fong. Redistricting: incumbent designation.

Existing law, as added by constitutional initiative, requires the Citizens Redistricting Commission, in the year following the year in which the federal decennial census is taken, to adjust the boundary lines of the congressional, State Senate, Assembly, and Board of Equalization districts. Existing law specifies which candidate for the office of Representative in Congress, State Senator, Member of the Assembly, or Member of the Board of Equalization shall be deemed the incumbent of the district for purposes of the first election following decennial redistricting.

This bill would change the order of which candidate shall be deemed the incumbent at the first election following decennial redistricting. This bill would also make a conforming change to reflect the redistricting process.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13108 of the Elections Code is amended
to read:

13108.  

(a) At the first elections for Representative in Congress,
State Senator, begin delete Assemblyman end delete begin insert Member of the Assembly, end insert and
begin delete Members end delete begin insert Member end insert of the Board of Equalization in each
congressional, senatorial, Assembly, and Board of Equalization
district following begin delete reapportionment acts of the Legislature redefining
the boundaries end delete begin insert the adjustment of the boundary lines end insert of the
congressional, senatorial, Assembly, and Board of Equalization
districts begin insert by the Citizens Redistricting Commission end insert pursuant to
Section 6 of Article IV, Section 17 of Article XIII, and Section 1
of Article XXI, of the California Constitution, that candidate who
shall be deemed the incumbent in a given district for purposes of
the election shall be that candidate who is running for the same
office begin delete which end delete begin insert that end insert he or she then holds, and who is running for
reelection in a district that has the identical boundaries and number
as the district from which he or she was last elected.

(b) In the event there is no candidate to whom subdivision (a)
applies, the incumbent shall be that candidate who is running for
the same office begin delete which end delete begin insert that end insert he or she then holds, and who is running
for reelection in a district that has the identical boundaries as the
district from which he or she was last elected, but begin delete which end delete begin insert that end insert has
a different number.

begin delete

(c) In the event there is no candidate to whom subdivision (a)
or (b) apply, the incumbent shall be that candidate who is running
for the same office which he or she then holds, and who is running
for reelection in a district that has the identical number as the
district from which he or she was last elected. However, a candidate
for the office of Member of the Assembly shall be considered the
incumbent in this case only if the district bearing the same number
is located in the same county as the district which previously bore
that number.

(d)

end delete

begin insert (c) end insert  In the event there is no candidate to whom subdivision begin delete (a),
(b), or (c) end delete begin insert (a) or (b) end insert apply, the incumbent shall be that candidate
who is running for the same office that he or she then holds, and
who is running for reelection in a district that contains some portion
of the territory previously contained within the district from which
he or she was last elected. However, in a new district that contains
portions of the territory of more than one former district, the
incumbent shall be that candidate the greater portion of the territory
of whose former district is included within the new district.

begin insert

(d) In the event there is no candidate to whom subdivision (a),
(b), or (c) apply, the incumbent shall be that candidate who is
running for the same office that he or she then holds, and who is
running for reelection in a district that has the identical number
as the district from which he or she was last elected. However, a
candidate for the office of Member of the Assembly shall be
considered the incumbent in this case only if the district bearing
the same number is located in the same county as the district that
previously bore that number.

end insert

(e) If there is no candidate in a given district to which any of
the above provisions apply, the incumbent shall be begin delete any end delete begin insert the end insert person
who is a candidate for the same office that he or she then holds
who fulfills the begin delete residential end delete begin insert residency end insert requirements of law for
candidacy within the district.