BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Kevin de Le�n, Chair
SB 963 (Torres) - Special Elections
Amended: As Introduced Policy Vote: E&CA 5-0
Urgency: No Mandate: No
Hearing Date: April 7, 2014
Consultant: Maureen Ortiz
This bill meets the criteria for referral to the Suspense File.
Bill Summary: SB 963 requires the state to reimburse counties
for the costs of special elections incurred on or after January
1, 2013 proclaimed by the Governor to fill vacancies in the
California State Legislature and California Congressional seats.
Fiscal Impact:
One-time costs of approximately $15 million, and
potentially $3-$5 million on-going annual costs (General
Fund)
Exact costs will be dependent on the number of special elections
held each year, whether both a primary and a general election is
necessary for each race, whether the special election can be
consolidated with another election in which case the state would
reimburse only the incremental costs associated with the special
election, and if the district race encompasses more than one
county.
Background: Existing law requires any vacancy in a state
legislative or congressional office to be filled by a special
primary, and, if needed a special run-off election. All
expenses authorized and necessarily incurred in the preparation
for, and conduct of, elections 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.
First implemented by AB 37 (Johnson), Chapter 39, Statutes of
1993, the state had reimbursed counties for the costs of special
elections held to fill vacancies in the Senate, Assembly, and
Congress from 1993 through 2007. Since 2008, there have been
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numerous, but unsuccessful, legislative attempts to extend this
reimbursement provision.
According to the Secretary of State (SOS), since 1989 there have
been 136 special primary and general elections held to fill
vacant seats in the Assembly, Senate and Congress in California;
an average of 5.6 per year. However, the frequency of special
elections seems to be increasing and 40 special elections have
been held for the period covering January 1, 2008 to date.
A special election to fill a vacancy in the office of
Representative in Congress, State Senator, or Member of the
Assembly must 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, except that the special election
may be conducted within 180 days following the proclamation if
the special election will be consolidated with the next
regularly scheduled statewide election or local election.
Proposed Law: SB 963 requires the state to reimburse counties
for all expenses authorized and necessarily incurred on or after
January 1, 2013 in the preparation for, and conduct of,
elections proclaimed by the Governor to fill a vacancy in the
office of state Senator or Member of the Assembly, or United
States Senator or Member of the House of Representatives.
Related Legislation: SB 942 (Vidak) is scheduled to be heard by
this committee today and would reimburse counties for special
election expenses incurred on or after January 1, 2008 through
December 31, 2014. Identical to this bill, AB 2273
(Ridley-Thomas) is pending for hearing in the Assembly
Appropriations Committee. Additionally, other measures
previously introduced that would have reimbursed counties for
the costs of special elections include SB 519 (Emmerson) of
2013, SB 106 (Blakeslee) 2011, SB 141 (Price) of 2011, SB 994
(Price) of 2010, AB 496 (Davis) of 2010 - all of which were held
in this committee's Suspense File. AB 1769 (Tran) was held in
the Assembly Appropriations Committee in 2010.
Staff Comments: The costs of holding special elections have
forced many counties to redirect existing resources that would
have provided critical services to the communities as these
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elections are unanticipated and not budgeted on an annual basis.
Since the passage of Proposition 140 in 1990, there have been
more than one hundred special elections called by the Governor
to fill such vacancies, all of which impose financial hardships
on the affected counties.
The Los Angeles County Registrar-Recorder/County Clerk
administers numerous special vacancy elections a year at the
expense of the County. In 2013 alone, the County spent an
estimated $12 million to prepare for and conduct nine special
vacancy elections.