Today's Law As Amended


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AB-1515 Special legislative or congressional election: instant runoff voting.(2001-2002)



As Amends the Law Today


SECTION 1.

 Section 10704 of the Elections Code is repealed.

10704.
 (a) Except as provided in subdivision (b), a special primary election shall be held in the district in which the vacancy occurred on the 9th Tuesday or, if the 9th Tuesday is the day of or the day following a state holiday, the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled. Candidates at the primary election shall be nominated in the manner set forth in Chapter 1 (commencing with Section 8000) of Part 1 of Division 8, except that nomination papers shall not be circulated more than 73 days before the primary election, shall be left with the county elections official for examination not less than 53 days before the primary election, and shall be filed with the Secretary of State not less than 53 days before the primary election.
(b) A special primary election shall be held in the district in which the vacancy occurred on the 10th Tuesday preceding the day of the special general election at which the vacancy is to be filled if both of the following conditions apply:
(1) The 10th Tuesday preceding the day of the special general election is an established election date pursuant to Section 1000.
(2) A statewide or local election occurring wholly or partially within the same territory in which the vacancy exists is scheduled for the 10th Tuesday preceding the day of the special general election.
(c) The sample ballot for a special election shall contain a written explanation of the election procedure for voter-nominated office as specified in subdivision (b) of Section 9083.5. Immediately after the explanation shall be printed the following: “If one candidate receives more than 50% of the votes cast at the special primary election, the candidate will be elected to fill the vacancy and no special general election will be held.”
(d) On the ballot for a special election, immediately before or above the first contest for a voter-nominated office, the following words shall be printed:
“Voter-Nominated Offices
All voters may vote in these contests.
Candidates display a party preference (or None) for the information of voters. This is not a party endorsement or approval.”

SEC. 2.

 Section 10704 is added to the Elections Code, to read:

10704.
 A special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted using an instant run-off voting method.

SEC. 3.

 Section 10705 of the Elections Code is repealed.

10705.
 (a) All candidates shall be listed on one ballot and, except as provided in subdivision (b), if any candidate receives a majority of all votes cast, he or she shall be declared elected, and no special general election shall be held.
(b) If only one candidate qualifies to have his or her name printed on the special general election ballot, that candidate shall be declared elected, and no special general election shall be held.

SEC. 4.

 Section 10706 of the Elections Code is repealed.

10706.
 If no candidate receives a majority of votes cast, the names of the candidates who receive the highest or second highest number of votes cast at the special primary election shall be placed on the special general election ballot. In the case of a tie vote, subdivision (b) of Section 8142 shall apply.
SEC. 5.
 Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.