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

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Date Published: 08/28/2018 09:00 PM
AB2095:v96#DOCUMENT

Assembly Bill No. 2095
CHAPTER 210

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

[ Approved by Governor  August 27, 2018. Filed with Secretary of State  August 27, 2018. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 2095, Quirk-Silva. 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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) (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.
(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 to consolidate the election or the primary election with 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.