BILL ANALYSIS �
AB 2273
Page 1
Date of Hearing: April 1, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 2273 (Ridley-Thomas) - As Introduced: February 21, 2014
SUBJECT : Payment of election expenses.
SUMMARY : Requires the state to pay for all expenses authorized
and necessarily incurred in the preparation for and conduct of
special elections proclaimed by the Governor to fill a vacancy.
Specifically, this bill :
1)Provides that the state shall pay the costs of a special
election to fill a vacancy in the office of the State Senate
or Assembly, or to fill a vacancy in the office of the United
States Senator or Representative.
2)Provides that when an election to fill such a vacancy is
consolidated with any other election, only those additional
expenses directly related to the election to fill the vacancy
shall be paid for by the state.
3)Provides that this bill applies to any special election held
on or after January 1, 2013.
EXISTING LAW provides that all expenses authorized and
necessarily incurred in the preparation for and conduct of
elections are to be paid from the county treasuries, except that
when an election is called by the governing body of a city the
expenses shall be paid from the treasury of the city.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of the Bill : According to the author:
The Los Angeles County Registrar-Recorder/County Clerk
administers numerous special vacancy elections a year at
the cost of the County. In 2013 alone, the County spent an
estimated $12 million to prepare for and conduct nine
special vacancy elections. From 2007 through 2011, the
County ran 11 special elections at a total cost of $16.7
million. This legislation is crucial to recovering the
AB 2273
Page 2
costs to conduct special elections, which left
unreimbursed, defer funds from other crucial County
services.
2)Vacancy Elections : From 1993 through 2007, the state
reimbursed counties for the costs of special elections to fill
vacancies in the State Senate, Assembly and United States
Senator or Representative. However the provision of state law
that required the state to reimburse counties for the costs of
conducting special vacancy elections expired January 1, 2008.
According to records provided by the Secretary of State, since
2008 there have been 41 special elections conducted to fill
vacancies in the State Senate, Assembly and United States
Senator or Representatives.
Since 2008, counties have been forced to redirect important
resources budgeted for critical community services to cover
the unanticipated costs of conducting mandated special
elections.
3)Arguments in Support : The Los Angeles County Board of
Supervisors, who are the sponsors of the bill, write in
support:
Current law requires the Governor to call a special
election to fill a vacancy in the State Assembly, the State
Senate, or in the United States Congress. Subsequent to
the gubernatorial proclamation, the affected county or
counties are required to hold the election in the timeframe
prescribed by law. Counties are not reimbursed for the
costs to conduct these special elections. In 2013, Los
Angeles County held eight special elections to fill
vacancies in the State Assembly and the State Senate at an
estimated cost of $11.2 million.
AB 2273 would allow counties to seek State reimbursement
for the costs of a special election, held on or after
January 1, 2013, to fill a vacancy in the State Assembly,
the State Senate or the United States Congress. If the
special election is consolidated with a statewide general
election, the State would reimburse the county only for the
incremental costs of the special election measures.
AB 2273
Page 3
4)Related Legislation : SB 942 (Vidak) would reimburse counties
for special election expenses incurred between January 1, 2008
and December 31, 2014, and SB 963 (Torres) is identical to
this bill. Both bills are pending in Senate Appropriations
Committee.
5)Previous Legislation : SB 519 (Emmerson) of 2013, and SB 106
(Blakeslee) of 2011, were substantially similar to this bill.
Both were held on the Senate Appropriations Committee's
suspense file. SB 141 (Price) of 2011 and SB 994 (Price) of
2010 would have required all expenses authorized and
necessarily incurred in the preparation and conduct of vacancy
elections proclaimed by the Governor to be paid by the state.
Both bills were held on the suspense file in the Senate
Appropriations Committee. AB 496 (Davis) of 2010, which was
identical to SB 994 (Price), was held in Senate Appropriations
Committee. AB 1769 (Tran) of 2010, which was similar to this
bill, was held in Assembly Appropriations Committee.
AB 37 (Johnson), Chapter 39, Statutes of 1993, originally
enacted the reimbursement provisions that this bill seeks to
restore. The purpose of AB 37 was to provide relief to
counties who could not afford the costs associated with
special elections. AB 37 was enacted in response to an
increasing number of special elections to fill vacancies in
the wake of the enactment of term limits. AB 37 contained a
sunset date of January 1, 1996.
AB 1709 (McPherson), Chapter 1102, Statutes of 1996, extended
the sunset date on AB 37 from January 1, 1996 to January 1,
2000. AB 547 (Longville), Chapter 790, Statutes of 1999,
further extended the sunset date to January 1, 2005 and AB 183
(Longville) of 2001 would have removed the sunset date
altogether, but it was vetoed by Governor Davis. AB 783
(Jones), Chapter 714, Statutes of 2005, reinstated the
reimbursement provision enacted by AB 37 and extended the
sunset date from January 1, 2005 to January 1, 2006. AB 1799
(McCarthy), Chapter 727, Statutes of 2006, extended the sunset
date from January 1, 2006 until January 1, 2007. AB 119
(Price), Chapter 487, Statutes of 2007, restored the
reimbursement provision to apply to any special election held
on or after January 1, 2007 and before January 1, 2008.
REGISTERED SUPPORT / OPPOSITION :
AB 2273
Page 4
Support
Los Angeles County Board of Supervisors (Sponsor)
California State Association of Counties
County of San Bernardino
County of San Diego
Rural County Representatives of California (if amended)
Sacramento County Board of Supervisors
Urban Counties Caucus
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094