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SB-794 Elections: Secretary of State.(2021-2022)

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Date Published: 02/20/2021 04:00 AM
SB794:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 794


Introduced by Senator Glazer

February 19, 2021


An act to amend Sections 15651 and 15672 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 794, as introduced, Glazer. Elections: Secretary of State.
Existing law provides that for any election, except an election for Governor or Lieutenant Governor, certain special runoff elections for candidates for local office, and certain primary elections, as specified, if the election results in a tie vote for the highest number of votes, the Secretary of State must summon the candidates subject to the tie vote to the Secretary of State’s office at the State Capitol, where the Secretary of State must determine the tie by lot.
This bill would instead require the Secretary of State to summon the candidates subject to the tie vote to the Secretary of State’s office.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 15651 of the Elections Code is amended to read:

15651.
 (a) If at any election, except as provided in subdivision (b) and an election for Governor or Lieutenant Governor, two or more persons receive an equal and the highest number of votes for an office to be voted for in more than one county, the Secretary of State shall forthwith summon the candidates who have received the tie votes, whether upon the canvass of the returns by the Secretary of State or upon recount by a court, to appear before him or her the Secretary of State at the Secretary of State’s office at the State Capitol at a time to be designated by him or her. the Secretary of State. The Secretary of State shall at that time and place determine the tie by lot. Except as provided in subdivision (b), in the same manner, at a time and place designated by it, the election board shall determine a tie vote, whether upon the canvass of the returns by the election board or upon a recount by a court, for candidates voted for wholly within one county or city.
(b) In lieu of resolving a tie vote by lot as provided in subdivision (a), the legislative body of any county, city, or special district not subject to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10) may resolve a tie vote by the conduct of a special runoff election involving those candidates who received an equal number of votes and the highest number of votes.
A special runoff election shall be held only if the legislative body adopts the provisions of this subdivision prior to the conduct of the election resulting in the tie vote. If a legislative body decides to call a special runoff election in the event of a tie vote, all future elections conducted by that body shall be resolved by the conduct of a special runoff election, unless the legislative body later repeals the authority for the conduct of a special runoff election.
If a special runoff election is held pursuant to this subdivision, the legislative body shall call for the runoff election to be held in the local entity on a Tuesday not less than 40 nor more than 125 days after the administrative or judicial certification of the election that resulted in a tie vote. If a regular election is to be held throughout the jurisdiction within that time period, the special runoff election shall be held on the same day as, and consolidated with, the regular election.

SEC. 2.

 Section 15672 of the Elections Code is amended to read:

15672.
 In the case of a tie vote for an office other than a judicial or school office to be voted on in more than one county, the Secretary of State shall forthwith summon the candidates who have received tie votes to appear before him or her at his or her the Secretary of State at the Secretary of State’s office at the State Capitol at a time to be designated by him or her. the Secretary of State. The Secretary of State shall at that time and place determine the tie by lot.