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AB-19 Elections: 26th Senatorial District.(2007-2008)

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AB19:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2007–2008 4th Ext.

Assembly Bill
No. 19

Introduced  by  Assembly Member Price
 (Principal Coauthor(s): Senator Ridley-Thomas)

November 25, 2008

An act relating to elections, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 19, as introduced, Price. Elections: 26th Senatorial District.
Existing law generally requires that a special election shall be conducted to fill a vacancy in the office of Representative in Congress, State Senator, or Assembly Member on a Tuesday at least 112 days, but not more than 126 days, following the issuance of an election proclamation by the Governor, except as specified. Existing law authorizes a special election to be conducted within 180 days following the issuance of an election proclamation by the Governor in order that the special election or special primary election be consolidated with the next regularly scheduled statewide election or local election occurring wholly or partially within the same territory in which the vacancy exists, provided that the voters eligible to vote in the local election comprise at least 50% of all the voters eligible to vote on the vacancy.
This bill would require Los Angeles County to conduct a special primary election on March 3, 2009, and, if necessary, conduct a special election on May 19, 2009, to fill the vacancy in the office of State Senator for the 26th Senatorial District. The bill would further authorize Los Angeles County to consolidate its special primary election and its special election with the City of Los Angeles primary nominating election on March 3, 2009, and City of Los Angeles general municipal election on May 19, 2009. The bill would make related legislative findings and declarations.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 (a) The Legislature finds and declares all of the following:
(1) There exists a vacancy in the office of State Senator for the 26th Senatorial District, located entirely in Los Angeles County.
(2) The City of Los Angeles has a primary nominating election scheduled for March 3, 2009, and a general municipal election scheduled for May 19, 2009.
(3) Existing provisions of the Elections Code generally require a special primary election to fill a vacancy to occur on the eighth Tuesday before the special election to fill that vacancy, unless that eighth Tuesday is the day after a state holiday, in which case the special primary election is to occur on the ninth Tuesday before the special election. However, there are 11 weeks between the Los Angeles City primary nominating election and its general municipal election.
(4) It will cost Los Angeles County approximately two million three hundred forty-three thousand dollars ($2,343,000) to conduct each stand-alone election for the special primary election and special election to fill the vacancy in the office of State Senator for the 26th Senatorial District, for a total of four million six hundred eighty-six thousand dollars ($4,686,000).
(5) If Los Angeles County consolidates its special elections with the City of Los Angeles municipal elections, the cost for each election will be approximately seven hundred ninety-two thousand dollars ($792,000), for a total cost of one million five hundred eighty-four thousand dollars ($1,584,000). As a result, the total savings for Los Angeles County to conduct two special elections consolidated with two City of Los Angeles municipal elections will be approximately three million one hundred two thousand dollars ($3,102,000).
(6) The cost savings to Los Angeles County related to these elections will enable the county to use these moneys to respond to other demands on county services. Many of these other county services are funded, in part, by contributions from the state. This act will assist the county and the state to address their respective fiscal problems as part of the 2007–08 Fourth Extraordinary Session declared by the Governor to respond to the fiscal emergency in this state.
(b) Notwithstanding Sections 10703 and 10704 of the Elections Code, Los Angeles County shall conduct a special primary election on March 3, 2009, and, if necessary, conduct a special election on May 19, 2009, to fill the vacancy in the office of State Senator for the 26th Senatorial District. Los Angeles County may consolidate its special primary election and its special election with the City of Los Angeles primary nominating election on March 3, 2009, and the general municipal election on May 19, 2009.

SEC. 2.

 The Legislature finds and declares that due to unique circumstances regarding the special election to fill the vacancy in the office of State Senator for the 26th Senatorial District, a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Therefore, the special legislation contained in Section 1 of this act is necessarily applicable only to those jurisdictions within the 26th Senatorial District.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the special election to fill the vacancy in the office of State Senator for the 26th Senatorial District to be consolidated with a local election occurring wholly or partially with that district, it is necessary that this act take effect immediately.