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SB-821 Elections: Secretary of State.(2023-2024)

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Date Published: 06/26/2023 02:00 PM
SB821:v98#DOCUMENT

Amended  IN  Assembly  June 26, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 821

Introduced by Senator Glazer

February 17, 2023

An act to amend Sections 15651 and 15672 Section 9033 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 821, as amended, 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. for a referendum measure, upon receipt of a petition certified to have been signed by the requisite number of qualified voters, the Secretary of State must issue a certificate of qualification certifying that the measure, as of that date, is qualified for the ballot, must notify the proponents of the measure and the elections official of each county that the measure, as of that date, is qualified for the ballot, and must include the measure in a list of all statewide referendum measures that have qualified for the ballot, as specified.
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. to, in the case of a referendum measure, issue a certificate of qualification certifying the measure is qualified for the ballot on the 131st day prior to the date of the election, as specified, or upon receipt of a petition certified to have been signed by the requisite number of qualified voters if fewer than 131 days remain until the election, as specified. The bill would also require the Secretary of State to notify the measure’s proponents and county elections officials of the measure’s qualification, and to publish the referendum on the list of all statewide referendum measures located on the Secretary of State’s website based on the aforementioned timing. If a referendum measure has been issued a certificate of qualification as of the effective date of this bill, the Secretary of State would be required to void that certificate of qualification and issue a new certificate of qualification, as specified. The bill would allow proponents of any such referendum measure to withdraw that measure, as specified, at any time between the effective date of this bill and the date on which the Secretary of State issues a new certificate of qualification, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 9033 of the Elections Code is amended to read:

9033.
 (a) When the Secretary of State has received from one or more elections officials or registrars a petition, certified to have been signed by the requisite number of qualified voters, the Secretary of State shall forthwith notify the proponents and immediately transmit to the elections official or registrar of voters of every county or city and county in the state a notice directing that signature verification be terminated.
(b) (1) In the case of an initiative measure, the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 131 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters.
(2) On the 131st day prior to the date of the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following:
(A) Issue a certificate of qualification certifying that the initiative measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).
(B) Notify the proponents of the initiative measure and the elections official of each county that the measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).
(C) Include the initiative measure in a list of all statewide initiative measures that are eligible to be placed on the ballot at the election identified pursuant to paragraph (1) and publish the list on the Secretary of State’s Internet Web site.
(3) Upon the issuance of a certificate of qualification pursuant to paragraph (2), an initiative measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 8 of Article II of the California Constitution.
(c) (1) In the case of a referendum measure, upon receipt of a petition certified to have been signed by the requisite number of qualified voters, the Secretary of State shall do all of the following: the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 31 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters.
(2) On the 131st day prior to the date of the election identified pursuant to paragraph (1), or upon receipt of a petition certified to have been signed by the requisite number of qualified voters if fewer than 131 days remain until the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following:
(A) Issue a certificate of qualification certifying that the referendum measure, as of that date, is qualified for the ballot. ballot at the election identified pursuant to paragraph (1).
(B) Notify the proponents of the referendum measure and the elections official of each county that the measure, as of that date, is qualified for the ballot. ballot at the election identified pursuant to paragraph (1).
(C) Include the referendum measure in a list of all statewide referendum measures that have qualified for are eligible to be placed on the ballot at the election identified pursuant to paragraph (1) and publish the list on the Secretary of State’s Internet Web site.

(2)

(3) Upon the issuance of a certificate of qualification pursuant to paragraph (1), (2), a referendum measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 9 of Article II of the California Constitution.
(4) If a referendum measure has been issued a certificate of qualification as of the effective date of the act adding this paragraph but has not yet appeared on the ballot, the Secretary of State shall void that certificate of qualification, and shall issue a new certificate of qualification pursuant to the provisions of this subdivision. The proponents of any such referendum measure shall be permitted to withdraw that measure pursuant to subdivision (b) of Section 9604 at any time between the effective date of the act adding this paragraph and the date on which the Secretary of State issues a new certificate of qualification in accordance with subparagraph (A) of paragraph (2) of this subdivision.

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 the Secretary of State at the Secretary of State’s office at a time to be designated by 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 the Secretary of State at the Secretary of State’s office at a time to be designated by the Secretary of State. The Secretary of State shall at that time and place determine the tie by lot.