Existing federal law requires a special election for the office of Representative in Congress whenever the Speaker of the House of Representatives announces that more than 100 vacancies exist in the United States House of Representatives. Existing federal law requires the special election to take place within 49 days of the Speaker announcing the vacancy, unless a special or regular election to fill the vacancy was previously scheduled and will take place within 75 days of the Speaker’s announcement. Existing federal law requires state elections officials, to the extent practicable, to transmit absentee ballots for the special election to uniformed services voters and overseas voters within 15 days of the Speaker’s announcement. Those ballots must be returned to the appropriate elections official within 45 days of transmittal of the ballots by the elections official in order to be counted.

Existing California law requires the Governor to issue a proclamation calling a special election for the office of Representative in Congress within 7 calendar days of a catastrophe, which is defined as an event that causes the vacancy of at least ¹/₄ of the total number of offices in the United States House of Representatives, including any number of the offices representing California, or at least ¹/₄ of the total number of offices representing California. Existing California law requires that the special election occur at least 56 days, but not more than 63 days, following the issuance of the Governor’s proclamation. Existing law requires the ballots of uniformed services and overseas voters to be returned to the appropriate elections official by 8 p.m. on the day of a federal election in order to be counted.

This bill would conform California law to federal law. The bill would require the Governor to call a special election for the office of Representative in Congress whenever vacancies exist in the United States House of Representatives totaling at least 101 in number, at least one of which represents California. The bill would require that the special election take place not later than 49 days after the announcement of the vacancy by the Speaker of the House of Representatives or the Governor calling the special election, unless a special or regular election to fill the vacancy was previously scheduled and will take place within 75 days of the Speaker’s announcement. The bill would require elections officials, to the greatest extent practicable, to deliver the ballots of military services and overseas voters not later than 15 days after the Speaker’s announcement of the vacancy. This bill would require that the ballots of uniformed services and overseas voters for the special election be returned to the appropriate elections officials within 45 days of the transmittal of the ballots by the elections officials in order to be counted. The bill would permit, with authorization from the Secretary of State, the extension of canvassing, election announcement, and election certification deadlines for the special election in order to facilitate the tabulation and processing of uniformed services and overseas voter ballots.

Because the bill would require a higher level of service from local elections officials, it would impose a state-mandated local program.

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.

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.