Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2550

Introduced by Assembly Member Roger Hernández

February 21, 2014

An act to amend begin delete Section 1410 end delete begin insert Sections 1000, 1301, and 13112 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2550, as amended, Roger Hernández. begin delete Local referendum. end delete begin insert Election dates. end insert

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Existing law establishes election dates in each year, which are the second Tuesday of April in each even-numbered year, the first Tuesday after the first Monday in March of each odd-numbered year, the first Tuesday after the first Monday in June in each year, and the first Tuesday after the first Monday in November of each year. Existing law requires all state, county, municipal, district, and school district elections to be held on an established election date, except for a special election called by the Governor, an election held in a chartered city or chartered county, certain school district elections, a local ballot measure or local recall election, and an all-mailed ballot election.

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This bill would eliminate the established election dates in March and April, and would modify the established election date in June to each even-numbered year instead of each year. The bill would provide that these provisions may not be construed to shorten the term of office of any officeholder, as specified, or as altering the date of a runoff election provided for in the principal act of a district.

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By increasing the duties of local elections officials, this bill would impose a state-mandated local program.

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The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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Existing law requires an election for a county or municipal referendum that qualifies, as specified, to be held at the jurisdiction’s next regular election occurring not less than 88 days after the date of the order of election or at a special election called for that purpose not less than 88 days after the date of the order of election.

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This bill would make a technical, nonsubstantive change to this provision.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

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begin insert SECTION 1. end insert   

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begin insert Section 1000 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

1000.  

The established election dates in each year are as follows:

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(a) The second Tuesday of April in each even-numbered year.

end delete begin delete

(b) The first Tuesday after the first Monday in March of each
odd-numbered year.

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(c)

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begin insert (a) end insert  The first Tuesday after the first Monday in June in each
begin insert even-numbered end insert year.

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(d)

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begin insert (b) end insert  The first Tuesday after the first Monday in November of
each year.

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begin insert SEC. 2. end insert   

end insert

begin insert Section 1301 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

1301.  

(a) Except as required by Section 57379 of the
Government Code, and except as provided in subdivision (b), a
general municipal election shall be held on an established election
date pursuant to Section 1000.

(b) (1)  begin delete Notwithstanding subdivision (a), a end delete begin insert A end insert city council may
enact an ordinance, pursuant to Division 10 (commencing with
Section 10000), requiring its general municipal election to be held
on the same day as the statewide direct primary election, the day
of the statewide general election, begin insert or end insert on the day of school district
elections as set forth in Section 1302 begin delete , the first Tuesday after the
first Monday of March in each odd-numbered year, or the second
Tuesday of April in each year end delete . Any ordinance adopted pursuant
to this subdivision shall become operative upon approval by the
board of supervisors.

(2) In the event of consolidation, the general municipal election
shall be conducted in accordance with all applicable procedural
requirements of this code pertaining to that primary, general, or
school district election, and shall thereafter occur in consolidation
with that election.

(c) If a city adopts an ordinance described in subdivision (b),
the municipal election following the adoption of the ordinance and
each municipal election thereafter shall be conducted on the date
specified by the city council, in accordance with subdivision (b),
unless the ordinance in question is later repealed by the city
council.

(d) If the date of a general municipal election is changed
pursuant to subdivision (b), at least one election shall be held before
the ordinance, as approved by the board of supervisors, may be
subsequently repealed or amended.

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begin insert SEC. 3. end insert   

end insert

begin insert Section 13112 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

13112.  

The Secretary of State shall conduct a drawing of the
letters of the alphabet, the result of which shall be known as a
randomized alphabet. The procedure shall be as follows:

(a) Each letter of the alphabet shall be written on a separate slip
of paper, each of which shall be folded and inserted into a capsule.
Each capsule shall be opaque and of uniform weight, color, size,
shape, and texture. The capsules shall be placed in a container,
which shall be shaken vigorously in order to mix the capsules
thoroughly. The container then shall be opened and the capsules
removed at random one at a time. As each is removed, it shall be
opened and the letter on the slip of paper read aloud and written
down. The resulting random order of letters constitutes the
randomized alphabet, which is to be used in the same manner as
the conventional alphabet in determining the order of all candidates
in all elections. For example, if two candidates with the surnames
Campbell and Carlson are running for the same office, their order
on the ballot will depend on the order in which the letters M and
R were drawn in the randomized alphabet drawing.

(b) (1) There shall be begin delete six end delete begin insert three end insert drawings, begin delete three end delete begin insert two end insert in each
even-numbered year and begin delete three end delete begin insert one end insert in each odd-numbered year.
Each drawing shall be held at 11 a.m. on the date specified in this
subdivision. The results of each drawing shall be mailed
immediately to each county elections official responsible for
conducting an election to which the drawing is applicable, who
shall use it in determining the order on the ballot of the names of
the candidates for office.

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(A) The first drawing under this subdivision shall take place on
the 82nd day before the April general law city elections of an
even-numbered year, and shall apply to those elections and any
other elections held at the same time.

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(B)

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begin insert (A) end insert  The begin delete second end delete begin insert first end insert drawing under this subdivision shall take
place on the 82nd day before the begin delete direct primary of an end delete begin insert end insert begin insert first Tuesday
after the first Monday in June of each end insert even-numbered year, and
shall apply to all candidates on the ballot in that election.

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(C)

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begin insert (B) end insert  (i) The begin delete third end delete begin insert second end insert drawing under this subdivision shall
take place on the 82nd day before the November general election
of an even-numbered year, and shall apply to all candidates on the
ballot in the November general election.

(ii) In the case of the primary election and the November general
election, the Secretary of State shall certify and transmit to each
county elections official the order in which the names of federal
and state candidates, with the exception of candidates for State
Senate and Assembly, shall appear on the ballot. The elections
official shall determine the order on the ballot of all other
candidates using the appropriate randomized alphabet for that
purpose.

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(D) The fourth drawing under this subdivision shall take place
on the 82nd day before the March general law city elections of
each odd-numbered year, and shall apply to those elections and
any other elections held at the same time.

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(E) The fifth drawing under this subdivision shall take place on
the 82nd day before the first Tuesday after the first Monday in
June of each odd-numbered year, and shall apply to all candidates
on the ballot in the elections held on that date.

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(F)

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begin insert (C) end insert  The begin delete sixth end delete begin insert third end insert drawing under this subdivision shall take
place on the 82nd day before the first Tuesday after the first
Monday in November of the odd-numbered year, and shall apply
to all candidates on the ballot in the elections held on that date.

(2) In the event there is to be an election of candidates to a
special district, school district, charter city, or other local
government body at the same time as one of the begin delete five end delete begin insert three end insert major
election dates specified in subparagraphs (A) to begin delete (F), end delete begin insert (C), end insert inclusive,
and the last possible day to file nomination papers for the local
election would occur after the date of the drawing for the major
election date, the procedure set forth in Section 13113 shall apply.

(c) Each randomized alphabet drawing shall be open to the
public. At least 10 days prior to a drawing, the Secretary of State
shall notify the news media and other interested parties of the date,
time, and place of the drawing. The president of each statewide
association of local officials with responsibilities for conducting
elections shall be invited by the Secretary of State to attend each
drawing or send a representative. The state chairman of each
qualified political party shall be invited to attend or send a
representative in the case of drawings held to determine the order
of candidates on the primary election ballot, the November general
election ballot, or a special election ballot as provided for in
subdivision (d).

(d) In the case of any special election for State Assembly, State
Senate, or Representative in Congress, on the first weekday after
the close of filing of nomination papers for the office, the Secretary
of State shall conduct a public drawing to produce a randomized
alphabet in the same manner as provided for in subdivisions (a)
and (c). The resulting randomized alphabet shall be used for
determining the order on the ballot of the candidates in both the
primary election for the special election and in the special election.

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begin insert SEC. 4. end insert   

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(a) This act shall not be construed to alter the date of
a runoff election provided for in the principal act of a district.

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(b) This act shall not be construed to shorten the term of office
of any officeholder in office on the effective date of this act. For
each office for which this act causes the election to be held at a
later date than would have been the case in the absence of this
act, the incumbent shall hold office until a successor qualifies for
the office, but in no event shall the term of an incumbent be
extended by more than four years.

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(c) No later than 30 days after the effective date of this act, each
county elections official shall cause a notice to be mailed to all
registered voters in his or her jurisdiction informing the voters of
the change in each election date. The notice shall also inform the
voters whether, as a result of the change in the election date, an
incumbent’s term of office will be extended.

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begin insert SEC. 5. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

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SECTION 1.  

Section 1410 of the Elections Code is amended
to read:

1410.  

The election for a county or municipal referendum that
qualifies under Section 9144 or 9237 shall be held at the
jurisdiction’s next regular election occurring not less than 88 days
after the date of the order of election or at a special election called
for that purpose not less than 88 days after the date of the order of
election.

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