Amended in Assembly April 29, 2014

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 Sections begin delete 1000, end delete 1301, begin insert 1303, end insert and begin delete 13112 end delete begin insert 10402.5 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2550, as amended, Roger Hernández. Election dates.

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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Existing law also requires a state, county, municipal, district, and school district election held on a statewide election date to be consolidated with the statewide election; however, the board of supervisors of a county of the first class may deny a request for consolidation under certain circumstances.

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begin delete 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. end delete begin insert This bill would require general municipal and general district elections held on or after July 1, 2015, to be held on the first Tuesday after the first Monday in June of even-numbered years, or on the first Tuesday after the first Monday in November of each odd-numbered or even-numbered year, subject to certain exceptions. end insert 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 begin delete a runoff end delete begin insert an end insert election begin delete provided for in the principal act of end delete begin insert held in end insert a district begin insert if the principal act of the district provides for a runoff election end insert .

begin insert

This bill would also provide that, if a board of supervisors of a county of the first class denies a request to consolidate an election, that election shall not be held on the date of the statewide election.

end insert

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

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.

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.

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

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

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SECTION 1.  

Section 1000 of the Elections Code is amended
to read:

1000.  

The established election dates in each year are as follows:

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

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

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 1301 of the Elections Code is amended
to read:

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 begin delete an established election
date pursuant to Section 1000 end delete begin insert the first Tuesday after the first
Monday in June of each even-numbered year, or on the first
Tuesday after the first Monday in November of an odd-numbered
or even-numbered year end insert .

(b) (1) A 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, or on the day of school district elections as set forth in
Section 1302. 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.

begin delete

SEC. 3.  

Section 13112 of the Elections Code is amended to
read:

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 three drawings, two in each
even-numbered year and one 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.

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

(B) (i) The second 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.

(C) The third 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 three major
election dates specified in subparagraphs (A) to (C), 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.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 1303 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

1303.  

(a) Unless the principal act of a district provides that an
election shall be held on begin delete one of the other dates specified in Chapter
1 (commencing with Section 1000) of Division 1 end delete begin insert the first Tuesday
after the first Monday in June of each even-numbered year or on
the first Tuesday after the first Monday in November of each
even-numbered year end insert , or except as provided in Section 1500, or
except as provided in subdivision (b), a general district election
to elect members of the governing board shall be held in each
special district subject to Division 10 (commencing with Section
10000) on the first Tuesday following the first Monday in
November of each odd-numbered year.

(b) Notwithstanding any other provision of law, a governing
body of a special district may require, by resolution, that its
elections of governing body members be held on the same day as
the statewide general election. The resolution shall become
operative upon the approval of the board of supervisors pursuant
to Section 10404.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 10402.5 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

10402.5.  

begin insert (a) end insert begin insert   end insert Any state, county, municipal, district, and school
district election held on a statewide election date pursuant to
Section 1002 shall be consolidated with the statewide election
pursuant to this part except that, in counties of the first class, the
board of supervisors may deny any request for consolidation if it
finds that the ballot style, voting equipment, or computer capacity
is such that additional elections or materials cannot be handled.
The procedural requirements prescribed for that type of election
shall be construed as if this section were specifically set forth in
the provisions relating to that election.

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(b) Notwithstanding any other provision of law, if the board of
supervisors of a county of the first class denies a request for an
election to be consolidated with the statewide election pursuant
to subdivision (a), that election shall not be held on the same day
as the statewide election.

end insert

SEC. 4.  

(a) This act shall not begin delete be construed to alter the date of
a runoff election provided for in the principal act of a district. end delete begin insert apply
to either of the following: end insert

begin insert

(1) An election held prior to July 1, 2015.

end insert begin insert

(2) An election held in a district if the principal act of the district
provides for a runoff election.

end insert

(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.

begin insert

(c) No later than July 1, 2015, the governing board of a city or
district required to change the date of its election pursuant to this
act shall adopt a resolution establishing a new election date.

end insert begin delete

(c)

end delete

begin insert (d) end insert  No later than begin delete 30 days after the effective date of this act end delete
begin insert August 1, 2015 end insert , 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.

SEC. 5.  

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.