BILL NUMBER: SB 1288 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Leno
FEBRUARY 19, 2016
An act to amend Sections 5013, 5020, 5027, 5028, and 72036 of, and
to add Sections 1018, 1019, 1020, 5010, 5032, and 5096 to, the
Education Code, to amend and renumber Sections 22000 and 22001 of, to
add Section 8141.3 to, and to add Division 22 (commencing with
Section 22000) to, the Elections Code, to amend Sections 25040,
25041, and 25061 of, to add Section 25001 to, and to add Article 4
(commencing with Section 34910) to Chapter 4 of Part 1 of Division 2
of Title 4 of, the Government Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1288, as introduced, Leno. Elections: local voting methods.
Under existing law, a candidate for nonpartisan office who
receives votes on the majority of all ballots cast at a primary
election is elected to that office, and the office does not appear on
the ballot in the ensuing general election. Existing law prescribes
which candidates appear on the ballot in the ensuing general election
if no candidate has been elected pursuant to this provision, or if
the number of candidates elected at the primary election is less than
the total number to be elected to that office. Under existing law,
these provisions do not apply to elections to fill certain enumerated
offices.
This bill would extend these provisions to the nomination of
officers for any district not formed for municipal purposes, officers
for general law cities, and school district officers.
Existing law provides procedures for the election of candidates
for elective offices in cities, counties, and local educational
agencies. Existing law specifies the circumstances in which voters in
these jurisdictions may elect officers at large or from or by
district. Existing law prescribes the length of various terms of
office for locally elected officials, and it requires certain
multimember bodies to have staggered terms of office.
This bill would authorize a city, county, or local educational
agency to conduct an election using ranked voting, in which voters
rank the candidates for office in order of preference, as specified.
The bill would also allow a jurisdiction using ranked voting to
eliminate staggered terms for a multimember body in certain
circumstances. This bill would specify the procedures for conducting
an election using ranked voting as it applies to both a single-winner
election and a multiple-winner election.
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. Section 1018 is added to the Education Code, to read:
1018. (a) Notwithstanding any other provision of this article,
the county board of education may adopt, or the residents of the
county may propose by initiative, a proposal to elect members of the
county board of education by ranked voting. The proposal shall
specify whether the members shall be elected at large or by or from
district. A proposal to elect members by ranked voting shall apply
prospectively only and shall not become operative unless it is
submitted to the electors of the county at a regularly scheduled
election and a majority of the votes cast on the question favor the
adoption of the proposal.
(b) An initiative measure proposed pursuant to subdivision (a) is
subject to the procedures set forth in Chapter 2 (commencing with
Section 9100) of Division 9 of the Elections Code.
(c) If a county board of education authorizes its members to be
elected at large by ranked voting pursuant to subdivision (a), the
county board of education, or a resident by initiative, may also
submit to the registered voters a proposal providing for the election
of one or more board members to serve transitional terms in order to
eliminate staggered terms on the board. A transitional term
authorized by this section shall not shorten a term of office that
has already started.
(d) This section does not authorize a county board of education to
elect members at large if it is required by a court order or
judgment to elect its members by or from district.
SEC. 2. Section 1019 is added to the Education Code, to read:
1019. (a) If a county board of education authorizes the use of
ranked voting pursuant to Section 1018, before that method is used in
any election, a county elections official may certify to the county
board of supervisors and county superintendent of schools that the
county lacks the technological capacity to conduct elections by this
method. The elections official shall provide this certification at
least seven days, and not more than 60 days, before any candidate
begins circulating a nomination paper.
(b) If a county elections official provides a certification
pursuant to subdivision (a), the county board of education shall
conduct its next election in the same manner as its most recent prior
election was conducted.
SEC. 3. Section 1020 is added to the Education Code, to read:
1020. A special election to fill one or more vacancies with
ranked voting and an election to elect one or more other members of
the county board to full terms using ranked voting that are held on
the same day shall be consolidated into a single contest if the board
is elected at large or the contests to be consolidated are for
members elected by or from the same trustee area.
SEC. 4. Section 5010 is added to the Education Code, to read:
5010. (a) Notwithstanding any other provision of this article,
the governing board of a school district or community college
district may adopt a resolution authorizing the election of members
of the governing board by ranked voting. The resolution shall specify
whether the members elected pursuant to this method shall be elected
at large or by or from district, and it shall be presented to the
electors of the school district pursuant to Section 5020. A
resolution adopted pursuant to this subdivision shall apply
prospectively only.
(b) The governing board of a school district or community college
district that authorizes members to be elected at large by ranked
voting pursuant to subdivision (a) may also by resolution presented
to the electors authorize the election of one or more members to
serve transitional two-year terms in order to eliminate staggered
terms on the board. A transitional two-year term shall not shorten a
term of office that has already started.
(c) Except as provided in subdivision (b), the term of office for
a member elected pursuant to this section shall be four years.
(d) This section does not authorize the governing board of a
school district or community college district to elect members at
large if it is required by a court order or judgment to elect its
members by or from district.
SEC. 5. Section 5013 of the Education Code is amended to read:
5013. The (a)
Except as provided in subdivision (b), the form of ballot for
governing board member elections shall be governed by Chapter 2
(commencing with Section 13100) of Division 13 of the Elections Code.
(b) The form of ballot for governing board member elections
conducted by ranked voting shall be governed by Division 22 of the
Elections Code.
SEC. 6. Section 5020 of the Education Code is amended to read:
5020. (a) The resolution of the county committee approving a
proposal to establish or abolish trustee areas, to adopt one of the
alternative methods of electing governing board members specified in
Section 5010 or 5030, or to increase or decrease the
number of members of the governing board shall constitute an order of
election, and the proposal shall be presented to the electors of the
district not later than the next succeeding election for members of
the governing board.
(b) If a petition requesting an election on a proposal to
rearrange trustee area boundaries is filed, containing at least 5
percent of the signatures of the district's registered voters as
determined by the elections official, the proposal shall be presented
to the electors of the district, at the next succeeding election for
the members of the governing board, at the next succeeding statewide
primary or general election, or at the next succeeding regularly
scheduled election at which the electors of the district are
otherwise entitled to vote, provided that there is sufficient time to
place the issue on the ballot.
(c) If a petition requesting an election on a proposal to
establish or abolish trustee areas, to increase or decrease the
number of members of the board, or to adopt one of the alternative
methods of electing governing board members specified in Section
5010 or 5030 is filed, containing at least 10 percent of the
signatures of the district's registered voters as determined by the
elections official, the proposal shall be presented to the electors
of the district, at the next succeeding election for the members of
the governing board, at the next succeeding statewide primary or
general election, or at the next succeeding regularly scheduled
election at which the electors of the district are otherwise entitled
to vote, provided that there is sufficient time to place the issue
on the ballot. Before the proposal is presented to the electors, the
county committee on school district organization may call and conduct
one or more public hearings on the proposal.
(d) The resolution of the county committee approving a proposal to
establish or abolish a common governing board for a high school and
an elementary school district within the boundaries of the high
school district shall constitute an order of election. The proposal
shall be presented to the electors of the district at the next
succeeding statewide primary or general election, or at the next
succeeding regularly scheduled election at which the electors of the
district are otherwise entitled to vote, provided that there is
sufficient time to place the issue on the ballot.
(e) For each proposal there shall be a separate proposition on the
ballot. The ballot shall contain the following words:
"For the establishment (or abolition or rearrangement) of trustee
areas in ____ (insert name) School District--Yes" and "For the
establishment (or abolition or rearrangement) of trustee areas in
____ (insert name) School District--No."
"For increasing the number of members of the governing board of
____ (insert name) School District from five to seven--Yes" and "For
increasing the number of members of the governing board of ____
(insert name) School District from five to seven--No."
"For decreasing the number of members of the governing board of
____ (insert name) School District from seven to five--Yes" and "For
decreasing the number of members of the governing board of ____
(insert name) School District from seven to five--No."
"For the election of each member of the governing board of the
____ (insert name) School District by the registered voters of the
entire ____ (insert name) School District--Yes" and "For the election
of each member of the governing board of the ____ (insert name)
School District by the registered voters of the entire ____ (insert
name) School District--No."
"For the election of each member of the governing board of the
____ (insert name) School District by the registered voters of the
entire ____ (insert name) School District using ranked voting--Yes"
and "For the election of each member of the governing board of the
____ (insert name) School District by the registered voters of the
entire ____ (insert name) School District using ranked voting --No."
"For the election of one member of the governing board of the ____
(insert name) School District residing in each trustee area elected
by the registered voters in that trustee area--Yes" and "For the
election of one member of the governing board of the ____ (insert
name) School District residing in each trustee area elected by the
registered voters in that trustee area--No."
"For the election of one member of the governing board of the ____
(insert name) School District residing in each trustee area elected
by the registered voters in that trustee area using ranked voting
--Yes" and "For the election of one member of the governing board of
the ____ (insert name) School District residing in each trustee area
elected by the registered voters in that trustee area using ranked
voting --No."
"For the election of one member, or more than one member for one
or more trustee areas, of the governing board of the ____ (insert
name) School District residing in each trustee area elected by the
registered voters of the entire ____ (insert name) School
District--Yes" and "For the election of one member, or more than one
member for one or more trustee areas, of the governing board of the
____ (insert name) School District residing in each trustee area
elected by the registered voters of the entire ____ (insert name)
School District--No."
"For the election of one member, or more than one member for one
or more trustee areas, of the governing board of the ____ (insert
name) School District residing in each trustee area elected by the
registered voters of the entire ____ (insert name) School District
using ranked voting --Yes" and "For the election of one member, or
more than one member for one or more trustee areas, of the governing
board of the ____ (insert name) School District residing in each
trustee area elected by the registered voters of the entire ____
(insert name) School District using ranked voting --No."
"For the establishment (or abolition) of a common governing board
in the ____ (insert name) School District and the ____ (insert name)
School District--Yes" and "For the establishment (or abolition) of a
common governing board in the ____ (insert name) School District and
the ____ (insert name) School District--No."
"For the election of one member, or more than one member for one
or more trustee areas, of the governing board of the ____ (insert
name) School District to serve transitional two-year terms in order
to eliminate staggered terms on the board --Yes" and "For the
election of one member, or more than one member for one or more
trustee areas, of the governing board of the ____ (insert name)
School District to serve transitional two-year terms in order to
eliminate staggered terms on the board --No."
If
(f) Two or more compatible
proposals may be combined into a single proposition. If more
than one proposal proposition appears
on the ballot, all must carry in order for any to become effective,
except that a proposal as follows:
(1) A proposition to adopt one of
the methods of election of board members specified in Section 5030
which that is approved by the voters
shall become effective unless a proposal which
proposition that is inconsistent with that
proposal proposition has been approved by a
greater number of voters. An
(2) An inconsistent
proposal proposition approved by a lesser number
of voters than the number which have approved a proposal
proposition to adopt one of the methods of
election of board members specified in Section 5030 shall not be
effective.
(3) A proposal to elect at least one member to serve a
transitional two-year term shall only appear on a ballot if a
proposal to elect each member of the governing board by the
registered voters of the entire district using ranked voting also
appears on the ballot, in which case the latter proposal may be
approved even if the former is not.
SEC. 7. Section 5027 of the Education Code is amended to read:
5027. Whenever If the boundaries of
a county high school district are coterminous with the boundaries of
a county, the board shall consist of one of the following:
(a) One member from each
supervisorial district in the county elected at large from the
county high school district.
(b) As many members are there are supervisorial districts with the
members elected at large using ranked voting.
SEC. 8. Section 5028 of the Education Code is amended to read:
5028. In every community college district which
that was divided into five wards on or before
September 7, 1955, one member of the board shall be elected from each
ward by the registered voters of the ward. On or before January 1st
of a fiscal year the governing board of the district may rearrange
the boundaries of the wards to provide for representation in
accordance with population and geographic factors or may abolish the
wards. If the wards are abolished, members of the governing
board may also be elected at large using ranked voting.
SEC. 9. Section 5032 is added to the Education Code, to read:
5032. If a school district or community college district
authorizes the use of ranked voting pursuant to Section 5010, before
that method is used in any election, a county elections official may
certify to the county board of supervisors and county superintendent
of schools who have jurisdiction over the election that the county
lacks the technological capacity to conduct elections by this method.
The elections official shall provide this certification at least
seven days, and not more than 60 days, before any candidate
circulates a nomination paper.
SEC. 10. Section 5096 is added to the Education Code, to read:
5096. A special election to fill one or more vacancies with
ranked voting and an election to elect one or more other members of
the governing board of the school district or community college
district to full terms using ranked voting that are held on the same
day shall be consolidated into a single contest if the board is
elected at large or the contests to be consolidated are for members
elected by or from the same trustee area.
SEC. 11. Section 72036 of the Education Code is amended to read:
72036. Notwithstanding any other law, the governing board of a
community college district may change election systems, in accordance
with the provisions of this section and the California Voting Rights
Act of 2001 (Chapter 1.5 (commencing with Section 14025) of Division
14 of the Elections Code), upon the adoption by the board of
trustees of a resolution in support of electing the trustees in
accordance with this section and upon the approval of the Board of
Governors of the California Community Colleges, as follows:
(a) The governing board of a community college district may
establish elections by trustee areas. In establishing trustee areas,
the territory of a district shall be divided into trustee areas, and
one member of the governing board shall be elected from each trustee
area. A candidate for election as a member of the governing board
shall reside in, and be registered to vote in, the trustee area he or
she seeks to represent. The governing board shall set the initial
boundaries of each trustee area to reflect substantially equal
population in each district as enumerated in the most recent
decennial federal census. Thereafter, the boundaries of trustee areas
shall be adjusted pursuant to Section 5019.5, and may be abolished
or adjusted as otherwise provided in this code.
(b) The governing board of a community college district may
establish a top-two primary election system. Candidates for election
as a member of a governing board of a district shall be nominated by
trustee area at a district primary election held on the date of the
statewide direct primary election. At the district primary election,
the two candidates receiving the highest number of votes within the
trustee area shall be nominees for the district general election for
that trustee area, and the nominee who receives a majority of the
votes cast by the voters of the trustee area in the district general
election shall be elected to represent that trustee area. The
district general election shall be held on the same date as the
statewide general election.
(c) The governing board of a community college district may
determine the number of trustees pursuant to this subdivision. The
governing board of a community college district shall be composed of
not less than five members and not more than nine, as determined by
the governing board. Sections 5019 to 5030, inclusive, do not apply
to the governing board's determination of the number of members
pursuant to this subdivision. If the number of members of a governing
board is increased or decreased, a governing board shall establish
new trustee areas, abolish trustee areas, or adjust the boundaries of
trustee areas so that the number of trustee areas is equal to the
number of governing board members. If the number of members of a
governing board is increased, the additional members of the governing
board shall be elected at the next regular district general election
of board members occurring at least 123 days after the governing
board approved the increased number of board members. Prior to the
next district general election, the governing board shall divide by
lot the additional trustee area positions that are created so that
the term of one-half of the board members elected to those positions
shall expire on the first Friday in December following the next
district general election. The term of the other board members
elected to fill the remainder of the additional positions shall
expire on the first Friday in December following the second district
general election succeeding their election.
(d) The governing board of a community college district may
provide for the election of its members at large by ranked voting,
and it may also authorize members to serve transitional two-year
terms, pursuant to Section 5010.
(d)
(e) This section shall does
not apply to any community college district that has been
authorized by statute to provide for its own trustee elections.
SEC. 12. Section 8141.3 is added to the Elections Code, to read:
8141.3. Notwithstanding Section 8000, the following districts may
elect a candidate for nonpartisan office pursuant to Sections 8140
and 8141:
(a) A district not formed for municipal purposes.
(b) A general law city.
(c) A school district.
SEC. 13. Section 22000 of the Elections Code is amended and
renumbered to read:
22000. 21700. (a) Each district
required by its authorizing act to adjust division boundaries
pursuant to this section shall, by resolution, after each federal
decennial census, and using that census as a basis, adjust the
boundaries of any divisions so that the divisions are, as far as
practicable, equal in population and in compliance with Section 10301
of Title 52 of the United States Code, as amended, to the extent
those provisions apply. In adjusting the boundaries of the divisions,
the board may give consideration to the following factors: (1)
topography, (2) geography, (3) cohesiveness, contiguity, integrity,
and compactness of territory, and (4) community of interests of the
division. This section does not apply to divisions in which only
landowners vote for directors or whose directors are all elected at
large or appointed.
(b) The resolution specified in subdivision (a) shall be adopted
by a vote of not less than a majority of the directors.
(c) At the time of, or after, any annexation of territory to the
district, the board of directors shall designate, by resolution, the
division of which the annexed territory shall be a part.
(d) No A change in division
boundaries may shall not be made within
180 days preceding the election of any director.
(e) (1) A change in division boundaries shall not affect the term
of office of any director.
(2) If division boundaries are adjusted, the director of the
division whose boundaries have been adjusted shall continue to be the
director of the division bearing the number of his or her division
as formerly comprised until the office becomes vacant by means of
term expiration or otherwise, whether or not the director is a
resident within the boundaries of the division as adjusted.
(f) The successor to the office in a division whose boundaries
have been adjusted shall be a resident and voter of that division.
(g) A district is not required to adjust the boundaries of any
divisions pursuant to this section until after the 2000 federal
decennial census.
(h) Nothing in this This section
shall not be construed to prohibit or restrict a district
from adjusting the boundaries of any divisions whenever the governing
body of the district determines by a two-thirds vote of the
governing body that a sufficient change in population has occurred
that makes it desirable in the opinion of the governing body to
adjust the boundaries of any divisions, or whenever any territory is
added by or excluded from the district.
SEC. 14. Section 22001 of the Elections Code is amended and
renumbered to read:
22001. 21701 Before adjusting the
boundaries of a division pursuant to Section 22000
21700 or for any other reason, the governing body of the
district shall hold at least one public hearing on the proposal to
adjust the boundaries of the division prior to the public hearing at
which the governing body votes to approve or defeat the proposal.
SEC. 15. Division 22 (commencing with Section 22000) is added to
the Elections Code, to read:
DIVISION 22. Ranked Voting
CHAPTER 1. GENERAL PROVISIONS
22000. Ranked voting is a method that allows voters to rank
candidates for office in order of preference. Elections conducted by
ranked voting may be used for both single-winner and multiple-winner
elections. Elections conducted by ranked voting are tabulated in
rounds, as specified in this division.
22001. A jurisdiction that introduces ranked voting shall conduct
a voter education and outreach campaign, which shall include public
service announcements on radio, television, or in print media, to
familiarize voters with that election method. Materials and
information disseminated as part of the campaign shall be provided in
languages other than English, as required by the federal Voting
Rights Act of 1965 (52 U.S.C. Sec. 10503).
22002. For purposes of this division, the following terms have
the following meanings:
(a) "Abstention" means a ballot that is to be counted for the
highest-ranked continuing candidate, but that does not contain a
highest-ranked continuing candidate or overvote, and the voter did at
least one of the following:
(1) Failed to assign an available ranking to every qualified
candidate.
(2) Assigned a qualified candidate two or more different rankings.
(b) "Continuing candidate" means a qualified candidate who has not
yet been elected or defeated.
(c) "Highest-ranked continuing candidate" means the continuing
candidate on a ballot assigned the ranking with the lowest numerical
value, unless that ranking is assigned to more than one candidate.
(d) "Instant runoff voting" means a system of ranked voting used
to elect a single candidate to office.
(e) "Majority of votes" means greater than 50-percent of the votes
counted for all candidates.
(f) "Other exhausted vote" means a ballot that is to be counted
for the highest-ranked continuing candidate, but that does not
contain a highest-ranked continuing candidate or overvote and is not
an abstention.
(g) "Overvote" means a ranking assigned to more than one qualified
candidate.
(h) "Ranking" means the number assigned to a candidate to indicate
a voter's preference for that candidate. The ranking with the lowest
numerical value indicates the voter's first-choice preference, with
the ranking increasing in numerical value as the voter's preference
decreases.
(i) "Single transferable vote" means a system of ranked voting
used to elect two or more candidates to office.
22003. A ballot that does not contain a highest-ranked continuing
candidate shall not be counted for any candidate in determining the
highest-ranked candidate, but rather shall be counted as an other
exhausted vote for the remainder of the tabulation unless the ballot
contains an overvote or is an abstention.
22004. If two or more candidates are tied with the fewest number
of votes, the candidate to eliminate shall be determined by lot,
publicly conducted with notice.
22005. A ballot shall allow voters to assign a different ranking
to each candidate, as well as to at least two write-in candidates. If
a jurisdiction's voting equipment cannot feasibly accommodate that
number of rankings on the ballot, the elections official may limit
the number of choices a voter may rank to the greater of ten
candidates or the maximum number allowed by the equipment.
22006. In an election conducted by ranked voting, the elections
official shall provide ballot instructions that shall be
substantially in the following form:
"To vote in this election,
indicate your first-choice candidate by selecting or marking a "1" in
the voting square to the right of that candidate, a "2" in the
voting square to the right of your second-choice candidate, a "3" in
the voting square to the right of your third-choice candidate, and so
on. Do not give the same number to more than one candidate. You may
rank as many or as few of the candidates as you choose, up to the
limit specified, if any. Your second choice will not affect your
first choice; your third choice will not affect your first two
choices, and so on. You may include one or more qualified write-in
candidates in your rankings by writing each write-in candidate's name
in one of the blank spaces provided for that purpose after the names
of the other candidates for the same office, and then writing the
desired ranking in the voting square to the right of that name."
CHAPTER 2. VOTE COUNTING
22100. An election using instant runoff voting shall be tabulated
in a series of one or more rounds that are conducted as follows:
(a) Each ballot shall count as one vote for the highest-ranked
continuing candidate on that ballot.
(b) The tabulation shall be complete if either of the following
situations occur:
(1) There is only one continuing candidate after the first round
of tabulation, in which case that candidate shall be designated as
elected.
(2) There are exactly two continuing candidates after any round of
tabulation, in which case the candidate with a majority of votes
shall be designated as elected, and the other candidate shall be
designated as defeated.
(c) If a continuing candidate has a majority of votes, and the
elections official determines that tabulation cannot feasibly
continue until there are only two continuing candidates, the
tabulation may be terminated after the elections official designates
the majority candidate as elected and designates all other continuing
candidates as defeated.
(d) If a candidate satisfies both of the following conditions,
then all candidates with fewer votes may be designated as defeated:
(1) At least one other candidate has at least as many votes as the
candidate.
(2) The candidate has more votes than the total votes for all
candidates with fewer votes.
(e) If a candidate was not designated as defeated in a particular
round pursuant to subdivision (d), the continuing candidate with the
fewest votes shall be designated as defeated.
(f) Each ballot counted for a candidate defeated pursuant to
subdivision (d) or (e) shall be transferred to, and counted for, the
highest-ranked continuing candidate on that ballot.
22101. An election using single transferable vote shall be
tabulated in a series of one or more rounds that are conducted as
follows:
(a) (1) In the first round, all ballots shall be counted, and each
ballot shall be transferred to, and counted for, the highest-ranked
continuing candidate on that ballot, using a transfer value of one
vote.
(2) The "threshold," which is the number of votes in excess of
which a candidate will designated as elected, shall be determined by
dividing the total number of ballots counted for a candidate pursuant
to paragraph (1) by one more than the number of offices to be filled
and rounding the quotient to five decimal places.
(3) If the number of continuing candidates is less than or equal
to the number of offices to be filled, all continuing candidates
shall be designated as elected, and the tabulation is complete.
(b) For each continuing candidate, the votes for the candidate are
the sum of the transfer values of all ballots counted for that
candidate.
(c) A continuing candidate with votes in excess of the threshold
shall be designated as elected, and his or her votes in excess of the
threshold calculated shall be treated as his or her surplus.
(d) If the number of candidates designated as elected is equal to
the number of offices to be filled, all continuing candidates shall
be designated as defeated, and the tabulation shall be complete.
(e) If a candidate is not designated as defeated in a particular
round, and one or more candidate is designated as elected and has a
surplus, the surplus of that candidate shall be transferred as
follows:
(1) The surplus factor for the candidate shall be calculated as
the quotient, rounded to five decimal places, of the candidate's
surplus divided by the total number of votes for the candidate.
(2) Each ballot counted for the candidate shall be transferred to,
and counted for, the highest-ranked continuing candidate on that
ballot using a new transfer value, calculated as the product, rounded
to five decimal places, of the transfer value times the candidate's
surplus factor.
(3) "Residual surplus" means the number of surplus votes not
transferred pursuant to paragraphs (1) and (2) due to rounding. The
residual surplus for the transfer equals the surplus for a candidate
minus the sum of the new transfer values for every ballot transferred
from the candidate. The residual surplus shall not be counted for
any candidate or as part of other exhausted votes.
(4) After a candidate's surplus is transferred and his or her
residual surplus is calculated, the candidate does not have a
surplus, and the candidate's vote count shall be considered to be the
number of votes at the threshold for the remainder of the
tabulation.
(f) If a surplus was not transferred in a particular round
pursuant to subdivision (e), the continuing candidate with the fewest
votes shall be designated as defeated.
(g) If any candidates were designated as defeated in a particular
round, each ballot assigned to a defeated candidate shall be
transferred to, and counted for, the highest-ranked continuing
candidate on that ballot using the previous transfer value. After all
ballots have been transferred, a defeated candidate shall have zero
votes.
(1) If the number of continuing candidates plus the number of
candidates that have been designated as elected equals the number of
offices to be filled, all continuing candidates shall be designated
as elected and the tabulation is complete.
22102. The Secretary of State may promulgate regulations
authorizing modifications to the vote-counting methods described in
this chapter if the modifications do not change which candidates are
elected.
22103. If two or more candidates are elected pursuant to Section
22101 in the same contest, and the offices to be filled by the
contest have terms of different remaining lengths, candidates shall
fill the offices in proportion to the number of votes they received
in the first round, with the candidate with the highest first-round
vote total filling the office with the longest term.
CHAPTER 3. REPORTING
22200. (a) For purposes of this chapter, the following terms have
the following meanings:
(1) "Contest cast selections record report" means a report that
lists all of the following for each ballot counted in the tabulation:
(A) The candidate or candidates indicated at each ranking.
(B) The precinct in which the ballot was cast.
(C) Whether the ballot was cast by mail.
(2) "Contest tabulation report" means a report that lists both of
the following:
(A) The number of ballots counted.
(B) The votes received by each candidate in each round of the
tabulation.
(C) The cumulative number of votes counted as an overvote,
abstention, other exhausted vote, and cumulative residual surplus in
each round of the tabulation.
(3) "Tabulation by precinct report" means a list, for all
precincts or a selected subset of precincts, that provides both of
the following:
(A) The total number of ballots counted for each round of votes
for each candidate.
(B) The total number of votes counted as an overvote, abstention,
other exhausted vote, and cumulative residual surplus.
(b) For a given tabulation, an entry in the contest tabulation
report shall equal the total of all corresponding precinct entries
that are in the tabulation by precinct report, or that would be in
the tabulation by precinct report if all precincts were reported.
Whether a candidate is designated as elected or defeated, and the
round in which a candidate is designated as elected or defeated,
shall be the same for the contest tabulation report and for every
precinct in the tabulation by precinct report.
(c) The votes for each round in a contest tabulation report or in
a tabulation by precinct report shall be reported as of the
completion of subdivision (a) of Section 22100 or subdivision (b) of
Section 22101. If Section 22101 applies, each ballot counted as an
overvote, abstention, or other exhausted vote shall be counted as
having the number of votes equal to the ballot's transfer value.
(d) In a contest cast selections record report, ballots shall be
listed in an manner that does not permit the order in which they were
cast in each precinct to be reconstructed. An overvote ranking may
be reported without reporting to which qualified candidates the
ranking was assigned.
22201. (a) An elections official shall publish a contest
tabulation report for the final tabulation of the official canvass in
conjunction with the certified statement of the results. The
elections official shall also publish at least one of the following
reports for the final tabulation of the official canvass:
(1) A tabulation by precinct report covering all precincts.
(2) A contest cast selections record report.
(b) If tabulation of all rounds is not feasible on election night,
the elections official may provide the contest tabulation report
totals for only the first round of tabulation or only a tally of the
rankings of "1".
(c) For a contest that is tabulated with a voting system, the
elections official shall do all of the following:
(1) Tabulate the results as soon as feasible after the close of
the polls, and publish the corresponding contest tabulation report.
(2) Tabulate the results for the last preliminary results on
election night and publish a corresponding contest tabulation report.
(3) Publish the corresponding contest cast selections record
report whenever the results of a tabulation is published, except if
tabulation is limited pursuant to subdivision (b).
22202. An elections official shall promptly post a report made
available to the public pursuant to Section 22201 on his or her
official Internet Web site. A contest cast selections record report
made available pursuant to this section shall be provided in a plain
text electronic format and need not be published by other means. If
an elections official does not have an official Internet Web site,
the elections official shall promptly make the report available to
the public by other means, and he or she shall notify the public of
the report's location through a notice prominently displayed in an
appropriate location in his or her office.
SEC. 16. Section 25001 is added to the Government Code, to read:
25001. (a) Notwithstanding any other provision of law, a county
board of supervisors may adopt, or a resident of the county may
propose by initiative, a proposal to elect an officer of the county
by ranked voting. The proposal shall specify which county officers
shall be elected by this method and whether they shall be elected at
large or by or from district, if applicable.
(b) If a county board of supervisors authorizes its members to be
elected at large by ranked voting pursuant to subdivision (a), the
county board of supervisors may also adopt, or a resident of the
county may propose by initiative, a proposal to elect one or more
supervisors to serve transitional two-year terms in order to
eliminate staggered terms on the board. A transitional two-year term
shall not shorten a term of office that has already started.
(c) A proposal pursuant to subdivision (a) or (b) shall apply
prospectively only and shall not become operative unless it is
submitted to the electors of the county at a regularly scheduled
election and a majority of the votes cast on the question favor the
adoption of the proposal.
(d) Except as provided in subdivision (b), the term of office for
a member of the board of supervisors elected by ranked voting shall
be four years.
(e) A proposal enacted pursuant to this section may be amended or
repealed in the same manner, but an officer's term of office shall
not be affected.
(f) This section does not authorize a county to elect members at
large if it is required by a court order or judgment to elect its
members by or from district.
SEC. 17. Section 25040 of the Government Code is amended to read:
25040. Each member of the board of supervisors shall be elected
by the district which he represents, and not at large, except
in if one of the following is
true:
(a) The election is held in any
county in which supervisorial districts have not been established by
law or ordinance, and in which supervisors were on May 17, 1907,
required to be elected at large, but from particular wards, the
members shall be elected at large and without regard to residence.
(b) Members are elected by ranked voting pursuant to Section
25001.
SEC. 18. Section 25041 of the Government Code is amended to read:
25041. In all other cases each If an
election is conducted from district, a member shall have been a
registered voter of the district which he seeks to represent for at
least 30 days immediately preceding the deadline for filing
nomination documents for the office of supervisor, and shall reside
in the district during his incumbency.
SEC. 19. Section 25061 of the Government Code is amended to read:
25061. (a) The election of a supervisor to
fill the vacancy for the unexpired term shall be held at the next
general election, unless the term expires on the first Monday after
January 1st succeeding the election.
(b) A special election to fill one or more vacancies with ranked
voting and an election to elect one or more other members of the
board of supervisors to full terms using ranked voting that are held
on the same day shall be consolidated into a single contest if the
board of supervisors is elected at large or the contests to be
consolidated are for members elected by or from the same district.
SEC. 20. Article 4 (commencing with Section 34910) is added to
Chapter 4 of Part 1 of Division 2 of Title 4 of the Government Code,
to read:
Article 4. Election of City Officers by Ranked Voting
34910. (a) At any municipal election, or special election held
for that purpose, the legislative body may submit to the registered
voters an ordinance providing for the election of an officer of the
city by ranked voting. The ordinance may also be qualified for the
ballot by means of an initiative measure in accordance with Chapter 3
(commencing with Section 9200) of Division 9 of the Elections Code.
The ordinance shall specify which city officers shall be elected by
this method and whether they shall be elected at large or by or from
district, if applicable. An ordinance adopted pursuant to this
subdivision shall apply prospectively only.
(b) If a city authorizes members of the legislative body to be
elected at large by ranked voting pursuant to subdivision (a), the
legislative body, or the proponent of an initiative, may also submit
to the registered voters an ordinance providing for the election of
one or more members to serve transitional two-year terms in order to
eliminate staggered terms on the body. A transitional two-year term
authorized by this section shall not shorten a term of office that
has already started.
(c) If a legislative body is elected by ranked voting:
(1) The legislative body may have more than five members, even if
the members are elected at large.
(2) A member's term of office shall be four years, except as
provided in subdivision (b).
(d) An ordinance enacted pursuant to this section may be amended
or repealed in the same manner, but an officer's term of office shall
not be affected.
(e) This section applies both to cities with an elective mayor and
cities with a city manager form of government.
(f) This section does not authorize a city to elect members at
large if it is required by a court order or judgment to elect its
members by or from district.
34911. If a special election to fill one or more vacancies with
ranked voting is held on the same day as an election to elect one or
more other members of the legislative body to full terms using ranked
voting, those election contests shall be consolidated into a single
contest, provided that the legislative body is elected at large or
the contests to be consolidated are for members elected by or from
the same district.