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SB-1436 Republican county central committees: Sacramento County: Santa Clara County.(2001-2002)

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SB1436:v96#DOCUMENT

Senate Bill No. 1436
CHAPTER 257

An act to add Sections 7400.1 and 7400.3 to, and to amend Section 7411 of, the Elections Code, relating to Republican county central committees.

[ Filed with Secretary of State  August 26, 2002. Approved by Governor  August 24, 2002. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1436, Oller. Republican county central committees: Sacramento County: Santa Clara County.
(1) Existing law requires that candidates for Republican county central committee appear on the local ballot and specifies the manner of their election. It requires that in a county containing less than 5 Assembly districts, a committee be elected by supervisor districts, in accordance with a specified formula. It further requires that in a county containing more than 4 and less than 20 Assembly districts, a committee be elected from Assembly districts and consist of 6 members from each district.
This bill would impose a state-mandated local program by requiring that, notwithstanding the above, a committee of not less than 31 members be elected in Sacramento County and a committee of not less than 23 members be elected in Santa Clara County. The bill would require members to be elected by supervisor district, and would require that the number to be elected from any supervisor district be determined in accordance with a specified formula.
(2) Existing law requires removal of a Republican county central committee member who misses four regularly called meetings within one 12-month period, except where the absence is caused by illness or temporary absence from the county.
This bill would authorize a committee in its sole discretion and in accordance with its bylaws to remove a member who misses four or more regularly called meetings within one 12-month period, regardless of the reason for the absences. (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, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000.
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 these statutory provisions.

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


SECTION 1.

 Section 7400.1 is added to the Elections Code, to read:

7400.1.
 (a) Notwithstanding Sections 7400 and 7401, in the County of Sacramento, the county central committee shall be elected by supervisor districts, and the number to be elected from any supervisor district shall be determined as follows: There shall be taken the number of votes cast in the supervisor district at the last gubernatorial election for that party’s candidate for Governor, or, if the party did not have a candidate for Governor, for the candidate of the party voted on throughout the state who received the greatest number of votes and who was the candidate of that party alone. This number shall be divided by one-thirtieth of the number of votes cast in Sacramento County for Governor or, where the party did not have a candidate for Governor, for the candidate mentioned above. The integer next larger than the quotient obtained by that division shall constitute the number of members of the committee to be elected by that party in that supervisor district.
(b) The Sacramento County Central Committee shall be composed of not less than 31 members. If the procedure outlined above would result in less than 31 members being elected for any committee, the number of votes cast for this party’s candidate in each supervisor district shall be divided by an amount sufficiently smaller than one-thirtieth of the votes cast for Governor in Sacramento County as to give a membership on the committee equal to or the nearest amount that is greater than 31 members.

SEC. 2.

 Section 7400.3 is added to the Elections Code, to read:

7400.3.
 (a) Notwithstanding Sections 7400 and 7401, in the County of Santa Clara, the county central committee shall be elected by supervisor districts, and the number to be elected from any supervisor district shall be determined as follows:
(1) There shall be taken the number of votes cast in the supervisor district at the last gubernatorial election for that party’s candidate for Governor, or, if the party did not have a candidate for Governor, for the candidate of the party voted on throughout the state who received the greatest number of votes and who was the candidate of that party alone.
(2) This number shall be divided by one-twenty-second of the number of votes cast in Santa Clara County for Governor or, where the party did not have a candidate for Governor, for the candidate mentioned above. The integer next larger than the quotient obtained by that division shall constitute the number of members of the committee to be elected by that party in that supervisor district.
(b) The Santa Clara County Central Committee shall be composed of not less than 23 members. If the procedure outlined above would result in less than 23 members being elected to the committee, the number of votes cast for this party’s candidate in each supervisor district shall be divided by an amount sufficiently smaller than one-twenty-second of the votes cast for Governor in Santa Clara County as to give a membership on the committee equal to or the nearest amount that is greater than 23 members.

SEC. 3.

 Section 7411 of the Elections Code is amended to read:

7411.
 (a) Any member of a committee, other than an ex officio member, who misses four regularly called meetings within one 12-month period shall be removed from the committee concerned, unless his or her absence is caused by illness or temporary absence from the county on the date of the meeting.
(b) A committee may, in its sole discretion and in accordance with its bylaws, remove a member who misses four or more regularly called meetings within one 12-month period, regardless of the reasons for the absences.

SEC. 4.

 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.