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SB-25 Elections: alternate ballot order: Los Angeles County pilot program.(2017-2018)

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Date Published: 07/03/2018 09:00 PM
SB25:v93#DOCUMENT

Amended  IN  Assembly  July 03, 2018
Amended  IN  Assembly  June 18, 2018
Amended  IN  Assembly  June 12, 2018
Amended  IN  Assembly  May 22, 2018
Amended  IN  Assembly  August 29, 2017
Amended  IN  Senate  March 30, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 25


Introduced by Senator Portantino
(Coauthor: Senator Stern)

December 05, 2016


An act to repeal and add Section 13109 of add Sections 13109.7, 13109.8, and 13109.9 to the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 25, as amended, Portantino. Elections: ballot order. alternate ballot order: Los Angeles County pilot program.
Existing law specifies the order of precedence of offices on the ballot, beginning with nominees for President and Vice President to be listed under the heading, PRESIDENT AND VICE PRESIDENT, and ending with directors or trustees for each district to be listed under the heading, DISTRICT. Measures submitted to the voters appear after district directors or trustees. Existing law authorizes a county elections official to vary the order for certain offices and measures submitted to the voters, in order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined. Existing law requires that the office of Superintendent of Public Instruction precede any school, county, or city office and that state measures precede local measures.

This bill would repeal the above provisions and establish a revised order of precedence of offices on the ballot requiring that local offices, candidates or nominees to the State Senate and the State Assembly, candidates or nominees to the House of Representatives of the United States, and local measures appear first and be listed under the heading, CITY/LOCAL. The bill would require that district offices and measures appear under the heading, DISTRICT, county offices and measures appear under the heading, COUNTY, state offices and measures appear under the heading, STATE, and state judicial offices appear under the heading, STATE JUDICIAL. The bill would require that nominees for federal offices, including President and Vice President, appear last and be listed under the heading, NATIONAL ELECTION.

This bill would require the county elections official for the County of Los Angeles to conduct elections using a specified alternate ballot order for elections conducted from January 1, 2020, through December 31, 2022. The bill would require the county elections official to prepare a report regarding the effect of using the alternate ballot order, as specified. The bill would require the county elections official, on or before December 31, 2022, to post the report on the Internet Web site of the county elections official and to submit the report to the Secretary of State and the Legislature. The bill would authorize the county elections official to continue to use the alternate ballot order for elections conducted on or after January 1, 2023. Due to the additional reporting requirements imposed on the County of Los Angeles, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the County of Los Angeles.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 13109.7 is added to the Elections Code, to read:

13109.7.
 (a) Notwithstanding Section 13109, from January 1, 2020, to December 31, 2022, inclusive, the county elections official for the County of Los Angeles shall conduct elections using the alternate ballot order described in Section 13109.8.
(b) The county elections official shall prepare a report regarding the effect of using the alternate ballot order for elections conducted during the time period described in subdivision (a). The report shall include, but not be limited to, the following information:
(1) Statistics and information on the cost of transitioning to the use of the alternate ballot order.
(2) The overall turnout of voters in the jurisdiction for each election conducted using the alternate ballot order.
(3) For different contests listed on the ballot, including, but not limited to, local offices and local ballot measures, state offices and state ballot measures, and federal offices, the following information:
(A) The turnout of voters for each contest.
(B) The number of overvotes and undervotes for each contest.
(C) The dropoff rates for each contest.
(4) Legislative recommendations.
(c) The report described in subdivision (b) shall, whenever possible, compare an election conducted pursuant to this section and using the alternate ballot order described in Section 13109.8 to similar elections conducted using the ballot order described in Section 13109 in the same jurisdiction or in a comparable jurisdiction.
(d) On or before December 31, 2022, the county elections official shall submit the report described in subdivision (b) to the Secretary of State and to the Legislature in accordance with Section 9795 of the Government Code. The county elections official shall also post a publicly accessible copy of the report on the Internet Web site of the county elections official.
(e) Notwithstanding any other law, the county elections official may adjust ballot instructions to the extent necessary to comply with this section.
(f) This section shall remain in effect only until December 31, 2023, and as of that date is repealed.

SEC. 2.

 Section 13109.8 is added to the Elections Code, to read:

13109.8.
 For the purposes of Sections 13109.7 and 13109.9, the order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left:
(a) Under the heading, CITY/LOCAL:
(1) Mayor.
(2) Member, City Council.
(3) Unified School District Board Members.
(4) High School District Board Members.
(5) Elementary School District Board Members.
(6) College District Governing Board Members.
(7) Other offices in alphabetical order by the title of the office.
(8) Candidates or nominees to the State Senate.
(9) Candidates or nominees to the State Assembly.
(10) Candidates or nominees to the House of Representatives of the United States.
(11) City local initiatives and ballot measures.
(12) Local school district initiatives and ballot measures.
(b) Under the heading, DISTRICT:
(1) Directors or trustees for each district in alphabetical order according to the name of the district.
(2) District initiatives and ballot measures.
(c) Under the heading, COUNTY:
(1) County Supervisor.
(2) Sheriff.
(3) Assessor.
(4) County Superintendent of Schools.
(5) County Board of Education.
(6) Other offices in alphabetical order by the title of the office.
(7) Judge of the Superior Court.
(8) County Marshall.
(9) Members of the County Central Committee.
(10) County initiatives and ballot measures.
(d) Under the heading, STATE:
(1) Governor.
(2) Lieutenant Governor.
(3) Secretary of State.
(4) Controller.
(5) Treasurer.
(6) Attorney General.
(7) Insurance Commissioner.
(8) Member, State Board of Equalization.
(9) Superintendent of Public Instruction.
(10) Statewide initiatives and ballot measures.
(e) Under the heading, STATE JUDICIAL:
(1) Chief Justice of California.
(2) Associate Justice of the Supreme Court.
(3) Presiding Judge, Court of Appeal.
(4) Associate Justice, Court of Appeal.
(f) Under the heading, NATIONAL ELECTION:
(1) Under the subheading, PRESIDENT and VICE PRESIDENT:
(A) Nominees of the qualified political parties and independent nominees for President and Vice President.
(B) Names of the presidential candidates to whom the delegates are pledged.
(C) Names of the chairperson of unpledged delegations.
(2) Candidates or nominees to the United States Senate.

SEC. 3.

 Section 13109.9 is added to the Elections Code, to read:

13109.9.
 Notwithstanding Section 13109, the county elections official for the County of Los Angeles may use the alternate ballot order described in Section 13109.8 for elections conducted on or after January 1, 2023. Notwithstanding any other law, the county elections official may adjust ballot instructions to the extent necessary to conform to the alternate ballot order.

SEC. 4.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique ability of the County of Los Angeles to collect and report data on the feasibility and effectiveness of an alternative ballot order.

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.
SECTION 1.Section 13109 of the Elections Code is repealed.
SEC. 2.Section 13109 is added to the Elections Code, to read:
13109.

The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which this ballot is provided. Beginning in the column to the left:

(a)Under the heading, CITY/LOCAL:

(1)Mayor.

(2)Member, City Council.

(3)Unified School District Board Members.

(4)High School District Board Members.

(5)Elementary School District Board Members.

(6)College District Governing Board Members.

(7)Other offices in alphabetical order by the title of the office.

(8)Candidates or nominees to the State Senate.

(9)Candidates or nominees to the State Assembly.

(10)Candidates or nominees to the House of Representatives of the United States.

(11)City local initiatives and ballot measures.

(12)Local school district initiatives and ballot measures.

(b)Under the heading, DISTRICT:

(1)Directors or trustees for each district in alphabetical order according to the name of the district.

(2)District initiatives and ballot measures.

(c)Under the heading, COUNTY:

(1)County Supervisor.

(2)Sheriff.

(3)Assessor.

(4)County Superintendent of Schools.

(5)County Board of Education.

(6)Other offices in alphabetical order by the title of the office.

(7)Judge of the Superior Court.

(8)County Marshall.

(9)Members of the County Central Committee.

(10)County initiatives and ballot measures.

(d)Under the heading, STATE:

(1)Governor.

(2)Lieutenant Governor.

(3)Secretary of State.

(4)Controller.

(5)Treasurer.

(6)Attorney General.

(7)Insurance Commissioner.

(8)Member, State Board of Equalization.

(9)Superintendent of Public Instruction.

(10)Statewide initiatives and ballot measures.

(e)Under the heading, STATE JUDICIAL:

(1)Chief Justice of California.

(2)Associate Justice of the Supreme Court.

(3)Presiding Judge, Court of Appeal.

(4)Associate Justice, Court of Appeal.

(f)Under the heading, NATIONAL ELECTION:

(1)Under the subheading, PRESIDENT and VICE PRESIDENT:

(A)Nominees of the qualified political parties and independent nominees for President and Vice President.

(B)Names of the presidential candidates to whom the delegates are pledged.

(C)Names of the chairperson of unpledged delegations.

(2)Candidates or nominees to the United States Senate.