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AB-2095 Congressional and legislative vacancies.(2017-2018)

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Date Published: 03/13/2018 09:00 PM
AB2095:v98#DOCUMENT

Amended  IN  Assembly  March 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2095


Introduced by Assembly Member Quirk-Silva

February 07, 2018


An act to amend Section 9082 10703 of the Elections Code, relating to state elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2095, as amended, Quirk-Silva. State elections: voter information guide. Congressional and legislative vacancies.
Under existing law, when a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor is required, within 14 days, to issue a proclamation calling a special election to fill the vacancy, as specified. Existing law requires that such an election be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of the proclamation. However, existing law also provides that the special election may be consolidated with the next regularly scheduled election, if it is within 180 days of the issuance of the proclamation.
This bill would instead provide that a special election to fill a vacancy in the above-listed offices may be consolidated with any regularly scheduled election that is within 180 days of the issuance of the proclamation. The bill would make other technical changes.

Existing law requires the Secretary of State to prepare a state voter information guide. Existing law requires the Secretary to ensure that a sufficient number of guides are printed and requires the Office of State Printing to print the guides. If the Director of General Services determines that the office cannot print the guides adequately, competently, or satisfactorily, the Secretary is required to contract with a private printing concern for the printing of the guides, as specified.

This bill would also require the Secretary of State to contract with a private printing concern for the printing of the guides, as specified, if the Director of General Services determines that the office cannot print the guides in a timely manner.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 10703 of the Elections Code is amended to read:

10703.
 (a) A (1) Except as provided in paragraph (2), a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall 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 pursuant to Section 1773 of the Government Code, except that the special Code.
(2) A special election to fill a vacancy in an office listed in paragraph (1) may be conducted within 180 days following the proclamation in order that to consolidate the election or the primary election may be consolidated with the next a 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 percent of all the voters eligible to vote on the vacancy.
(b) Except as provided in Chapter 3 (commencing with Section 10730), a special election or a primary election may not be conducted on the day after a state holiday.
(c) (1) A special election described in this section may be conducted as an all-mailed ballot election pursuant to Section 4000.5.
(2) This subdivision 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.

SECTION 1.Section 9082 of the Elections Code is amended to read:
9082.

The Secretary of State shall cause to be printed as many state voter information guides as needed to comply with this code.

The state voter information guides shall be printed in the Office of State Printing unless the Director of General Services determines that the printing of the guides in the Office of State Printing cannot be done adequately, competently, timely, or satisfactorily, in which case the Secretary of State, subject to the approval of the Director of General Services, shall contract with a private printing concern for the printing of all or a part of the guides.

Copy for preparation of the state voter information guides shall be furnished to the Office of State Printing at least 40 days before the date for required delivery to the elections officials as provided in Section 9094.