Bill Text


PDF |Add To My Favorites |Track Bill | print page

SB-1450 Elections: county officers: consolidation with statewide elections.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/21/2020 09:00 PM
SB1450:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1450


Introduced by Senator Umberg

February 21, 2020


An act to amend Sections 1300 and 8140 of, and to add Section 10419 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 1450, as introduced, Umberg. Elections: county officers: consolidation with statewide elections.
(1) Existing law requires a candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office to be elected to that office.
This bill would exempt from that requirement candidates for county nonpartisan offices, including a county office in a charter county, but not a charter city and county, and would require the candidates who received the highest and second highest number of votes cast for nomination to that office to be placed on the ballot at the ensuing general election. By imposing new duties on counties, including county elections officials, the bill would impose a state-mandated local program.
(2) Existing law generally requires that a plurality of the votes given at any election constitutes a choice, but that it shall be competent in all charters of cities, counties, or cities and counties framed under the authority of the California Constitution to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor. Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections.
This bill would require an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, that is consolidated with a statewide election to be consolidated with the statewide general election in November. The bill would require an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, that is, as of January 1, 2021, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election. These requirements would not apply to a charter city or charter city and county, but would apply to a charter county. By imposing new duties on local government, including county elections officials, the bill would impose a state-mandated local program.
(3) 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: YES   Local Program: YES  

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


SECTION 1.

 Section 1300 of the Elections Code is amended to read:

1300.
 Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. In the event that county officers are not elected pursuant to Sections 8140 and 8141, this The election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.

SEC. 2.

 Section 8140 of the Elections Code is amended to read:

8140.
 Any (a) (1) Except as provided in subdivision (b), any candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving a majority, and equal in number to the number to be elected.
(2) Where a candidate has been elected to a nonpartisan office at the primary election, that office shall not appear on the ballot at the ensuing general election, notwithstanding the death, resignation, or other disqualification of the candidate at a time subsequent to the primary election.
(b) Subdivision (a) does not apply to candidates for county nonpartisan offices, including a county office in a charter county, but not a charter city and county. The candidates for a county nonpartisan office at the ensuing general election shall be those candidates who received the highest and second highest number of votes cast for nomination to that office, as described in Section 8141.

SEC. 3.

 Section 10419 is added to the Elections Code, to read:

10419.
 (a) Notwithstanding any other law, an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, that is consolidated with a statewide election shall be consolidated with the statewide general election in November. An election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, that is, as of January 1, 2021, consolidated with the statewide direct primary election, shall instead be moved to, and consolidated with, the November statewide general election.
(b) Where necessary, the term of office of all then incumbent officers shall be extended accordingly until the successor takes office after the new election date.
(c) This section does not apply to a charter city or charter city and county, but does apply to a charter county.

SEC. 4.

 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.