Bill Text: CA AB254 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Election dates.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2016-01-15 - Consideration of Governor's veto stricken from file. [AB254 Detail]

Download: California-2015-AB254-Amended.html

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BILL NUMBER: AB 254	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 7, 2015
	AMENDED IN ASSEMBLY  MARCH 18, 2015

INTRODUCED BY   Assembly Members Roger Hernández and Calderon

                        FEBRUARY 9, 2015

   An act to  amend   amend, repeal, and add
 Sections 1000, 1003, 1301, and 13112 of the Elections Code,
relating to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 254, 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.
   This bill  would   would, commencing January
1, 2020,  eliminate the established election dates in March and
April. The bill would,  commencing January 1, 2020,  except
for certain special elections, eliminate the exceptions for elections
held in a chartered city or chartered county and school district
elections consolidated with chartered city elections, thereby
requiring these elections to be held on an established election date.
The bill would declare that increasing voter turnout at local
elections and promoting the fundamental right to vote are matters of
statewide concern.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that significantly
increasing voter turnout at local elections and promoting the
fundamental right to vote are matters of statewide concern.
Therefore, this act applies to every political subdivision in this
state, including, but not limited to, charter counties, charter
cities, and charter cities and counties.
  SEC. 2.  It is the intent of the Legislature that the statutory
changes made by this act do both of the following:
   (a) Encourage increased voter participation.
   (b) Not alter the date of a runoff election provided for in the
principal act of a district. 
  SEC. 3.    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 of each year.

   (b) The first Tuesday after the first Monday in November of each
year.  
  SEC. 4.    Section 1003 of the Elections Code is
amended to read:
   1003.  This chapter does not apply to the following:
   (a) A special election called by the Governor.
   (b) A special election called by a local governmental entity
including, but not limited to, a chartered city, chartered county, or
school district.
   (c) A school governing board election initiated by petition
pursuant to Section 5091 of the Education Code.
   (d) A county, municipal, district, or school district initiative,
referendum, or recall election.
   (e) An election conducted solely by mailed ballot pursuant to
Division 4 (commencing with Section 4000).
   (f) Elections held pursuant to Article 1 (commencing with Section
15100) of Chapter 1, or pursuant to Article 4 (commencing with
Section 15340) of Chapter 2 of, Part 10 of Division 1 of Title 1 of
the Education Code.  
  SEC. 5.    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 an established election date pursuant to
Section 1000.
   (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. An
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.  
  SEC. 6.    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 capsule 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 four drawings, two in each even-numbered
year and two 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
applies, 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 direct primary of an 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 June
of each odd-numbered year, and shall apply to all candidates on the
ballot in the elections held on that date.
   (D) The fourth 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) If 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 four major election dates
specified in subparagraphs (A) to (D), inclusive, of paragraph (1)
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 before 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 a 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.

   SEC. 3.    Section 1000 of the   Elections
Code   is amended to read: 
   1000.   (a)    The established election dates in
each year are as follows: 
   (a) 
    (1)  The second Tuesday of April in each even-numbered
year. 
   (b) 
    (2)  The first Tuesday after the first Monday in March
of each odd-numbered year. 
   (c) 
    (3)  The first Tuesday after the first Monday in June in
each year. 
   (d) 
    (4)  The first Tuesday after the first Monday in
November of each year. 
   (b) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
   SEC. 4.    Section 1000 is added to the  
Elections Code   , to read:  
   1000.  (a) The established election dates in each year are as
follows:
   (1) The first Tuesday after the first Monday in June.
   (2) The first Tuesday after the first Monday in November.
   (b) This section shall become operative on January 1, 2020. 
   SEC. 5.    Section 1003 of the  Elections
Code   is amended to read: 
   1003.   (a)    This chapter  shall
  does  not apply to the following: 
   (a) Any 
    (1)     A  special election called by
the Governor. 
   (b) 
    (2)  Elections held in chartered cities or chartered
counties in which the charter provisions are inconsistent with this
chapter. 
   (c) School 
    (3)     A  school  governing 
board  elections   election  consolidated
pursuant to Section 1302.2 or initiated by petition pursuant to
Section 5091 of the Education Code. 
   (d) 
    (4) Elections of any kind required or permitted to be
held by a school district located in a chartered city or county when
the election is consolidated with a regular city or county election
held in a jurisdiction that includes 95 percent or more of the school
district's population. 
   (e) County, 
    (5)     A  county, municipal,
district,  and   or  school district
initiative, referendum, or recall  elections.  
election.  
   (f) Any 
    (6)     An  election conducted solely
by mailed ballot pursuant to Division 4 (commencing with Section
4000). 
   (g) 
    (7)  Elections held pursuant to Article 1 (commencing
with Section 15100) of Chapter 1, or pursuant to Article 4
(commencing with Section 15340) of Chapter 2 of, Part 10  of
Division 1 of Title 1  of the Education Code. 
   (b) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
   SEC. 6.    Section 1003 is added to the  
Elections Code   , to read:  
   1003.  (a) This chapter does not apply to the following:
   (1) A special election called by the Governor.
   (2) A special election called by a local governmental entity
including, but not limited to, a chartered city, chartered county, or
school district.
   (3) A school governing board election initiated by petition
pursuant to Section 5091 of the Education Code.
   (4) A county, municipal, district, or school district initiative,
referendum, or recall election.
   (5) An election conducted solely by mailed ballot pursuant to
Division 4 (commencing with Section 4000).
   (6) Elections held pursuant to Article 1 (commencing with Section
15100) of Chapter 1, or pursuant to Article 4 (commencing with
Section 15340) of Chapter 2 of, Part 10 of Division 1 of Title 1 of
the Education Code.
   (b) This section shall become operative on January 1, 2020. 
   SEC. 7.    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 an established election date pursuant to
Section 1000.
   (b) (1) Notwithstanding subdivision (a), 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, on the day of school district elections
as set forth in Section 1302, the first Tuesday after the first
Monday of March in each odd-numbered year, or the second Tuesday of
April in each year.  Any   An  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. 
   (e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
   SEC. 8.    Section 1301 is added to the  
Elections Code   , 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 an established election date pursuant to
Section 1000.
   (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. An
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.
   (e) This section shall become operative on January 1, 2020. 
   SEC. 9.    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  capsule 
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 six drawings, three in each even-numbered
year and three 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,   applies,  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 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.
   (B) The second drawing under this subdivision shall take place on
the 82nd day before the direct primary of an even-numbered year, and
shall apply to all candidates on the ballot in that election.
   (C) (i) The third 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.
   (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.
   (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.
   (F) The sixth 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   If  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 five major election dates specified in subparagraphs (A) to
(F), 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   before  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   a  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. 
   (e) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date. 
   SEC. 10.    Section 13112 is added to the  
Elections Code   , 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 capsule 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 four drawings, two in each even-numbered
year and two 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
applies, 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 direct primary of an 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 June
of each odd-numbered year, and shall apply to all candidates on the
ballot in the elections held on that date.
   (D) The fourth 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) If 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 four major election dates
specified in subparagraphs (A) to (D), inclusive, of paragraph (1)
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 before 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 a 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.
   (e) This section shall become operative on January 1, 2020. 
   SEC. 7.   SEC. 11.   This act shall not
be construed to shorten the term of office of any officeholder in
office on  the effective date of this act.  
January 1, 2020.  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.