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SB-1288 Elections: local voting methods.(2015-2016)



Current Version: 08/26/16 - Enrolled

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SB1288:v94#DOCUMENT

Enrolled  August 26, 2016
Passed  IN  Senate  August 24, 2016
Passed  IN  Assembly  August 18, 2016
Amended  IN  Assembly  August 01, 2016
Amended  IN  Assembly  June 29, 2016
Amended  IN  Assembly  June 15, 2016
Amended  IN  Senate  April 04, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 1288

Introduced by Senator Leno
(Coauthors: Senators Allen and Hancock)
(Coauthor: Assembly Member Chiu)

February 19, 2016

An act to amend Sections 5013, 5020, 5027, and 5028 of, and to add Sections 1018, 1019, 1020, 5010, 5032, and 5096 to, the Education Code, to amend and renumber Sections 22000 and 22001 of, to add Sections 8141.3 and 10005 to, and to add Division 22 (commencing with Section 22000) to, the Elections Code, to amend Sections 25040, 25041, and 25061 of, to add Section 25001 to, and to add Article 4 (commencing with Section 34910) to Chapter 4 of Part 1 of Division 2 of Title 4 of, the Government Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 1288, Leno. Elections: local voting methods.
Under existing law, a candidate for nonpartisan office who receives votes on the majority of all ballots cast at a primary election is elected to that office, and the office does not appear on the ballot in the ensuing general election. Existing law prescribes which candidates appear on the ballot in the ensuing general election if no candidate has been elected pursuant to this provision, or if the number of candidates elected at the primary election is less than the total number to be elected to that office. Under existing law, these provisions do not apply to elections to fill certain enumerated offices.
This bill would apply these provisions, upon approval by a jurisdiction’s voters, to the nomination of officers for any jurisdiction not formed for municipal purposes, officers for general law cities, and school district officers, except as specified.
Existing law provides procedures for the election of candidates for elective offices in cities, counties, and local educational agencies. Existing law specifies the circumstances in which voters in these jurisdictions may elect officers at large or from or by district. Existing law prescribes the length of various terms of office for locally elected officials.
This bill would authorize a city, county, or local educational agency to conduct an election using ranked choice voting, in which voters rank the candidates for office in order of preference, as specified. This bill would specify the procedures for conducting an election using ranked choice voting as it applies to both a single-winner election and a multiple-winner election.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 1018 is added to the Education Code, to read:

1018.
 (a) Notwithstanding any other provision of this article, the county board of education may adopt, or the residents of the county may propose by initiative, a proposal to elect members of the county board of education by ranked choice voting. The proposal shall specify whether the members shall be elected at large or by or from trustee area. A proposal to elect members by ranked choice voting shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(b) An initiative measure proposed pursuant to subdivision (a) is subject to the procedures set forth in Chapter 2 (commencing with Section 9100) of Division 9 of the Elections Code.
(c) This section does not authorize a county board of education to elect members at large if it is required by a court order or judgment to elect its members by or from trustee area.
(d) A county board of education member elected to a full term by ranked choice voting shall only be elected in a general election held in November of an even-numbered year.

SEC. 2.

 Section 1019 is added to the Education Code, to read:

1019.
 (a) If a county board of education authorizes the use of ranked choice voting pursuant to Section 1018, before that method is used in any election, a county elections official may certify to the county board of supervisors and county superintendent of schools that the county lacks the technological capacity to conduct elections by this method. The elections official shall provide this certification at least seven days, and not more than 60 days, before the later of 113 days before the election or the first day on which a declaration of candidacy may be filed.
(b) If a county elections official provides a certification pursuant to subdivision (a), the county board of education shall conduct its next election in the same manner as its most recent election was conducted.

SEC. 3.

 Section 1020 is added to the Education Code, to read:

1020.
 A special election to fill one or more vacancies with ranked choice voting and an election to elect one or more other members of the county board of education to full terms using ranked choice voting that are held on the same day shall be consolidated into a single contest if the board is elected at large or the contests to be consolidated are for members elected by or from the same trustee area.

SEC. 4.

 Section 5010 is added to the Education Code, to read:

5010.
 (a) Notwithstanding any other provision of this article, the governing board of a school district or community college district may adopt a resolution authorizing the election of members of the governing board by ranked choice voting. The resolution shall specify whether the members elected pursuant to this method shall be elected at large or by or from trustee area, and it shall be presented to the electors of the school district pursuant to Section 5020. A resolution adopted pursuant to this subdivision shall apply prospectively only.
(b) This section does not authorize the governing board of a school district or community college district to elect members at large if it is required by a court order or judgment to elect its members by or from trustee area.
(c) A member of the governing board of a school district or community college district elected to a full term by ranked choice voting shall only be elected in a general election held in November of an even-numbered year.

SEC. 5.

 Section 5013 of the Education Code is amended to read:

5013.
 (a) Except as provided in subdivision (b), the form of ballot for governing board member elections shall be governed by Chapter 2 (commencing with Section 13100) of Division 13 of the Elections Code.
(b) The form of ballot for governing board member elections conducted by ranked choice voting shall be governed by Division 22 (commencing with Section 22000) of the Elections Code.

SEC. 6.

 Section 5020 of the Education Code is amended to read:

5020.
 (a) The resolution of the county committee approving a proposal to establish or abolish trustee areas, to adopt one of the alternative methods of electing governing board members specified in Section 5010 or 5030, or to increase or decrease the number of members of the governing board shall constitute an order of election, and the proposal shall be presented to the electors of the district not later than the next succeeding election for members of the governing board.
(b) If a petition requesting an election on a proposal to rearrange trustee area boundaries is filed, containing at least 5 percent of the signatures of the district’s registered voters as determined by the elections official, the proposal shall be presented to the electors of the district, at the next succeeding election for the members of the governing board, at the next succeeding statewide primary or general election, or at the next succeeding regularly scheduled election at which the electors of the district are otherwise entitled to vote, provided that there is sufficient time to place the issue on the ballot.
(c) If a petition requesting an election on a proposal to establish or abolish trustee areas, to increase or decrease the number of members of the board, or to adopt one of the alternative methods of electing governing board members specified in Section 5010 or 5030 is filed, containing at least 10 percent of the signatures of the district’s registered voters as determined by the elections official, the proposal shall be presented to the electors of the district, at the next succeeding election for the members of the governing board, at the next succeeding statewide primary or general election, or at the next succeeding regularly scheduled election at which the electors of the district are otherwise entitled to vote, provided that there is sufficient time to place the issue on the ballot. Before the proposal is presented to the electors, the county committee on school district organization may call and conduct one or more public hearings on the proposal.
(d) The resolution of the county committee approving a proposal to establish or abolish a common governing board for a high school and an elementary school district within the boundaries of the high school district shall constitute an order of election. The proposal shall be presented to the electors of the district at the next succeeding statewide primary or general election, or at the next succeeding regularly scheduled election at which the electors of the district are otherwise entitled to vote, provided that there is sufficient time to place the issue on the ballot.
(e) For each proposal there shall be a separate proposition on the ballot. The ballot shall contain the following words:
“For the establishment (or abolition or rearrangement) of trustee areas in ____ (insert name) School District—Yes” and “For the establishment (or abolition or rearrangement) of trustee areas in ____ (insert name) School District—No.”
“For increasing the number of members of the governing board of ____ (insert name) School District from five to seven—Yes” and “For increasing the number of members of the governing board of ____ (insert name) School District from five to seven—No.”
“For decreasing the number of members of the governing board of ____ (insert name) School District from seven to five—Yes” and “For decreasing the number of members of the governing board of ____ (insert name) School District from seven to five—No.”
“For the election of each member of the governing board of the ____ (insert name) School District by the registered voters of the entire ____ (insert name) School District—Yes” and “For the election of each member of the governing board of the ____ (insert name) School District by the registered voters of the entire ____ (insert name) School District—No.”
“For the election of each member of the governing board of the ____ (insert name) School District by the registered voters of the entire ____ (insert name) School District using ranked choice voting—Yes” and “For the election of each member of the governing board of the ____ (insert name) School District by the registered voters of the entire ____ (insert name) School District using ranked choice voting—No.”
“For the election of one member of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters in that trustee area—Yes” and “For the election of one member of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters in that trustee area—No.”
“For the election of one member of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters in that trustee area using ranked choice voting—Yes” and “For the election of one member of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters in that trustee area using ranked choice voting—No.”
“For the election of one member, or more than one member for one or more trustee areas, of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters of the entire ____ (insert name) School District—Yes” and “For the election of one member, or more than one member for one or more trustee areas, of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters of the entire ____ (insert name) School District—No.”
“For the election of one member, or more than one member for one or more trustee areas, of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters of the entire ____ (insert name) School District using ranked choice voting—Yes” and “For the election of one member, or more than one member for one or more trustee areas, of the governing board of the ____ (insert name) School District residing in each trustee area elected by the registered voters of the entire ____ (insert name) School District using ranked choice voting—No.”
“For the establishment (or abolition) of a common governing board in the ____ (insert name) School District and the ____ (insert name) School District—Yes” and “For the establishment (or abolition) of a common governing board in the ____ (insert name) School District and the ____ (insert name) School District—No.”
(f) If more than one proposal appears on the ballot, all must carry in order for any to become effective, except as follows:
(1) A proposal to adopt one of the methods of election of board members specified in Section 5030 that is approved by the voters shall become effective unless a proposal that is inconsistent with that proposal has been approved by a greater number of voters.
(2) An inconsistent proposal approved by a lesser number of voters than the number which have approved a proposal to adopt one of the methods of election of board members specified in Section 5030 shall not be effective.

SEC. 7.

 Section 5027 of the Education Code is amended to read:

5027.
 If the boundaries of a county high school district are coterminous with the boundaries of a county, the board shall consist of one of the following:
(a) One member from each supervisorial district in the county elected at large from the county high school district.
(b) As many members as there are supervisorial districts with the members elected at large using ranked choice voting.

SEC. 8.

 Section 5028 of the Education Code is amended to read:

5028.
 In every community college district that was divided into five wards on or before September 7, 1955, one member of the board shall be elected from each ward by the registered voters of the ward. On or before January 1st of a fiscal year, the governing board of the district may rearrange the boundaries of the wards to provide for representation in accordance with population and geographic factors or may abolish the wards. If the wards are abolished, members of the governing board may also be elected at large using ranked choice voting.

SEC. 9.

 Section 5032 is added to the Education Code, to read:

5032.
 (a) If a school district or community college district authorizes the use of ranked choice voting pursuant to Section 5010, before that method is used in any election, a county elections official may certify to the governing board of the district, the county board of supervisors, and the county superintendent of schools who have jurisdiction over the election that the county lacks the technological capacity to conduct elections by this method. The elections official shall provide this certification at least 7 days, and not more than 60 days, before the later of 113 days before the election or the first day on which a declaration of candidacy may be filed.
(b) If a county elections official provides a certification pursuant to subdivision (a), the district shall conduct its next election in the same manner as its most recent election was conducted.

SEC. 10.

 Section 5096 is added to the Education Code, to read:

5096.
 A special election to fill one or more vacancies with ranked choice voting and an election to elect one or more other members of the governing board of the school district or community college district to full terms using ranked choice voting that are held on the same day shall be consolidated into a single contest if the board is elected at large or the contests to be consolidated are for members elected by or from the same trustee area.

SEC. 11.

 Section 8141.3 is added to the Elections Code, to read:

8141.3.
 (a) Notwithstanding Section 8000, the following jurisdictions may elect a candidate for nonpartisan office, other than a member of a legislative body elected at large, pursuant to Sections 8140 and 8141:
(1) A district not formed for municipal purposes.
(2) A general law city.
(3) A school district.
(b) For purposes of this section, a separately elected mayor is not a member of a legislative body.
(c) A proposal to conduct elections pursuant to this section shall be submitted to the electors of the jurisdiction at a regularly scheduled election and shall become operative only if a majority of votes cast favor adoption of the proposal.

SEC. 12.

 Section 10005 is added to the Elections Code, to read:

10005.
 (a) For purposes of this section, the following terms have the following meanings:
(1) “Additional supported language” means a language for which a jurisdiction is required to provide voting materials and assistance under the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10101 et seq.) or for which the Secretary of State has determined that it is necessary to provide facsimile ballots at a precinct within the jurisdiction pursuant to subdivision (c) of Section 14201.
(2) “Additional supported language community” means a community that speaks an additional supported language.
(b) A jurisdiction that uses ranked choice voting or elects a candidate pursuant to Section 8141.3 shall conduct a voter education and outreach campaign before each election conducted pursuant to this division, until the conclusion of the second general election conducted in this manner. A campaign conducted pursuant to this section shall include public meetings and public service announcements on radio, television, or in print media, including media serving additional supported language communities, if available, to familiarize voters with that election method. Materials and information disseminated as part of the campaign shall be provided in all additional supported languages and shall be accessible to individuals with disabilities.
(c) A jurisdiction shall, in collaboration with the county elections official, develop a plan describing how it will conduct the voter education and outreach campaign required by this section. The plan shall include all of the following information:
(1) How the jurisdiction will use media, which may include social media, newspapers, radio, and television, to inform voters about an upcoming election.
(2) What information will be publicly available on the elections official’s Internet Web site.
(3) What information will be included in the sample ballot and vote by mail materials.
(4) How the jurisdiction will conduct direct outreach to voters, including voters with disabilities.
(5) How the jurisdiction will have a community presence to educate voters, including voters with disabilities.
(6) How the jurisdiction will educate voters within each additional supported language community.
(d) (1) Before finalizing its plan, a jurisdiction shall publish a draft plan and hold, at least 10 days after publication of its plan, at least two public meetings to discuss the plan. The jurisdiction shall also make a good faith effort to invite each of the following to at least one of those public meetings:
(A) Representatives, advocates, and other stakeholders representing each additional supported language community.
(B) Representatives from the disability community and community organizations and individuals that advocate on behalf of, or provide services to, individuals with disabilities.
(2) A public meeting conducted pursuant to this section shall be noticed at least 10 days in advance of the meeting and shall be held in a location that is accessible to people with disabilities.
(3) If requested to do so at least 48 hours before a public meeting conducted pursuant to this section, a jurisdiction shall provide either or both of the following:
(A) Reasonable accommodations and modifications, as well as auxiliary aids and services to ensure effective communication with people with disabilities.
(B) Translation services in any additional supported language.
(e) All materials provided by the voter education and outreach campaign, including materials provided on the Internet Web site of the elections official, sample ballots and vote by mail materials, and materials provided through direct outreach and community presence, shall be provided in the additional supported languages and shall be accessible to individuals with disabilities.

SEC. 13.

 Section 22000 of the Elections Code is amended and renumbered to read:

21700.
 (a) Each district required by its authorizing act to adjust division boundaries pursuant to this section shall, by resolution, after each federal decennial census, and using that census as a basis, adjust the boundaries of any divisions so that the divisions are, as far as practicable, equal in population and in compliance with Section 10301 of Title 52 of the United States Code, as amended, to the extent those provisions apply. In adjusting the boundaries of the divisions, the board may give consideration to the following factors: (1) topography, (2) geography, (3) cohesiveness, contiguity, integrity, and compactness of territory, and (4) community of interests of the division. This section does not apply to divisions in which only landowners vote for directors or whose directors are all elected at large or appointed.
(b) The resolution specified in subdivision (a) shall be adopted by a vote of not less than a majority of the directors.
(c) At the time of, or after, any annexation of territory to the district, the board of directors shall designate, by resolution, the division of which the annexed territory shall be a part.
(d) A change in division boundaries shall not be made within 180 days preceding the election of any director.
(e) (1) A change in division boundaries shall not affect the term of office of any director.
(2) If division boundaries are adjusted, the director of the division whose boundaries have been adjusted shall continue to be the director of the division bearing the number of his or her division as formerly comprised until the office becomes vacant by means of term expiration or otherwise, whether or not the director is a resident within the boundaries of the division as adjusted.
(f) The successor to the office in a division whose boundaries have been adjusted shall be a resident and voter of that division.
(g) A district is not required to adjust the boundaries of any divisions pursuant to this section until after the 2000 federal decennial census.
(h) This section shall not be construed to prohibit or restrict a district from adjusting the boundaries of any divisions whenever the governing body of the district determines by a two-thirds vote of the governing body that a sufficient change in population has occurred that makes it desirable in the opinion of the governing body to adjust the boundaries of any divisions, or whenever any territory is added by or excluded from the district.

SEC. 14.

 Section 22001 of the Elections Code is amended and renumbered to read:

21701.
 Before adjusting the boundaries of a division pursuant to Section 21700 or for any other reason, the governing body of the district shall hold at least one public hearing on the proposal to adjust the boundaries of the division prior to the public hearing at which the governing body votes to approve or defeat the proposal.

SEC. 15.

 Division 22 (commencing with Section 22000) is added to the Elections Code, to read:

DIVISION 22. Ranked Choice Voting

CHAPTER  1. General Provisions

22000.
 Ranked choice voting is a method that allows voters to rank candidates for office in order of preference. Elections conducted by ranked choice voting may be used for both single-winner and multiple-winner elections. Elections conducted by ranked choice voting are tabulated in rounds, as specified in this division.

22001.
 For purposes of this division, the following terms have the following meanings:
(a) “Abstention” means a ballot that is to be counted for the highest-ranked continuing candidate, but that does not contain a highest-ranked continuing candidate or overvote ranking, and the voter did at least one of the following:
(1) Failed to assign an available ranking to every qualified candidate, and the ballot allowed the voter to rank an additional qualified candidate without creating an overvote ranking.
(2) Assigned a qualified candidate two or more different rankings.
(b) “Continuing candidate” means a qualified candidate who has not yet been elected or defeated.
(c) “Highest-ranked continuing candidate” means the continuing candidate on a ballot assigned a ranking with a numerical value that is lower than the ranking for both of the following:
(1) Any other continuing candidate.
(2) Any overvote ranking on the ballot.
(d) “Instant runoff voting” means a system of ranked choice voting used to elect a single candidate to office.
(e) “Majority of votes” means greater than 50 percent of the votes counting for all continuing candidates.
(f) “Other exhausted vote” means a ballot that is to be counted for the highest-ranked continuing candidate, but that does not contain a highest-ranked continuing candidate or overvote and is not an abstention.
(g) “Overvote” means a ballot that is to be counted for the highest-ranked continuing candidate, contains an overvote ranking, and does not contain a highest-ranked continuing candidate.
(h) “Overvote ranking” means a ranking assigned to more than one qualified candidate.
(i) “Ranking” means the number assigned to a candidate to indicate a voter’s preference for that candidate. The ranking with the lowest numerical value indicates the voter’s first-choice preference, with the ranking increasing in numerical value as the voter’s preference decreases.
(j) “Single transferable vote” means a system of ranked choice voting used to elect two or more candidates to office.

22002.
 A ballot that does not contain a highest-ranked continuing candidate shall not count for any candidate, but rather shall count as an overvote, abstention, or other exhausted vote.

22003.
 If two or more candidates are tied with the fewest number of votes, the candidate to be defeated shall be determined by lot, publicly conducted with notice.

22004.
 A ballot shall allow voters to assign a different ranking to each candidate, as well as to at least two write-in candidates. If a jurisdiction’s voting equipment cannot feasibly accommodate that number of rankings on the ballot, the elections official may limit the number of choices a voter may rank to the greater of three candidates or the maximum number allowed by the equipment.

22005.
 In an election conducted by ranked choice voting, the elections official shall provide ballot instructions that shall be substantially in the following form:
“To vote in this election, indicate your first-choice candidate by selecting or marking a “1” in the voting square to the right of that candidate, a “2” in the voting square to the right of your second-choice candidate, a “3” in the voting square to the right of your third-choice candidate, and so on. Do not give the same number to more than one candidate. You may rank as many or as few of the candidates as you choose, up to the limit specified, if any. Your second choice will not affect your first choice; your third choice will not affect your first two choices, and so on. You may include one or more qualified write-in candidates in your rankings by writing each write-in candidate’s name in one of the blank spaces provided for that purpose after the names of the other candidates for the same office, and then writing the desired ranking in the voting square to the right of that name.”

CHAPTER  2. Vote Counting

22100.
 An election using instant runoff voting shall be tabulated in a series of one or more rounds, each conducted with the following steps:
(a) Each ballot shall count as one vote for the highest-ranked continuing candidate on that ballot.
(b) The tabulation shall be complete if either of the following situations occur:
(1) There is only one continuing candidate, in which case that candidate shall be designated as elected.
(2) There are exactly two continuing candidates, in which case the candidate with a majority of votes shall be designated as elected, and the other candidate shall be designated as defeated.
(c) If a continuing candidate has a majority of votes, and the elections official determines that tabulation cannot feasibly continue until there are only two continuing candidates, the majority candidate shall be designated as elected, all other continuing candidates shall be designated as defeated, and the tabulation shall be complete.
(d) If a candidate satisfies both of the following conditions, then all candidates with fewer votes may be designated as defeated:
(1) At least one other candidate has at least as many votes as the candidate.
(2) The candidate has more votes than the total votes for all candidates with fewer votes.
(e) If a candidate was not designated as defeated in this round pursuant to subdivision (d), the continuing candidate with the fewest votes shall be designated as defeated.
(f) Each ballot counted for a candidate defeated pursuant to subdivision (d) or (e) shall be transferred to, and counted for, the highest-ranked continuing candidate on that ballot.

22101.
 An election using single transferable vote shall be tabulated in a series of one or more rounds, each conducted with the following steps:
(a) In the first round:
(1) All ballots shall be counted, and each ballot shall be counted for the highest-ranked continuing candidate on that ballot, using a transfer value of one vote. The “transfer value” of a ballot is the one vote, or portion of a vote after a surplus transfer pursuant to subdivision (f), that the ballot will contribute to the vote total for the ballot’s highest-ranked continuing candidate.
(2) The “threshold,” which is the number of votes in excess of which a candidate will be designated as elected, shall be determined by dividing the total number of ballots counting for all candidates pursuant to paragraph (1) by one more than the number of offices to be filled and rounding up the quotient to five decimal places.
(b) For each continuing candidate, the votes for the candidate are the sum of the transfer values of all ballots counted for that candidate.
(c) In the first round, if the number of continuing candidates is less than or equal to the number of offices to be filled, all continuing candidates shall be designated as elected, and the tabulation is complete.
(d) Each continuing candidate with votes in excess of the threshold shall be designated as elected, and his or her votes in excess of the threshold calculated shall be treated as his or her surplus.
(e) If the number of candidates designated as elected is equal to the number of offices to be filled, all continuing candidates shall be designated as defeated, and the tabulation shall be complete.
(f) For each candidate that is designated as elected and has a surplus, the surplus of that candidate shall be transferred as follows:
(1) The surplus factor for the candidate shall be calculated as the quotient, rounded down to five decimal places, of the candidate’s surplus divided by the total number of votes for the candidate.
(2) Each ballot counted for the candidate shall be transferred to, and counted for, the highest-ranked continuing candidate on that ballot using a new transfer value, calculated as the product, rounded down to five decimal places, of the old transfer value times the candidate’s surplus factor.
(3) “Residual surplus” means the number of surplus votes not transferred pursuant to paragraphs (1) and (2) due to rounding. The residual surplus for the transfer equals the surplus for the candidate minus the sum of the new transfer values for every ballot transferred from the candidate. The residual surplus shall not be counted for any candidate nor as part of other exhausted votes.
(4) After the candidate’s surplus is transferred and his or her residual surplus is calculated, the candidate does not have a surplus, and the candidate’s vote total for the remainder of the tabulation shall be equal to the threshold.
(g) If a surplus was not transferred in this round pursuant to subdivision (f), the continuing candidate with the fewest votes shall be designated as defeated.
(1) If the number of continuing candidates plus the number of candidates that have been designated as elected equals the number of offices to be filled, all continuing candidates shall be designated as elected and the tabulation is complete.
(2) Each ballot that counted for the defeated candidate shall be transferred to, and counted for, the highest-ranked continuing candidate on that ballot using the current transfer value. After all ballots have been transferred, a defeated candidate shall have zero votes.

22102.
 The Secretary of State may promulgate regulations authorizing modifications to the vote-counting methods described in this chapter if the modifications do not change which candidates are elected.

22103.
 If two or more candidates are elected pursuant to Section 22101 in the same contest, and the offices to be filled by the contest have terms of different remaining lengths, candidates shall fill the offices based on the number of votes they received in the first round so that a candidate with a higher first-round vote total fills an office with an equal or longer term.

CHAPTER  3. Reporting

22200.
 (a) For purposes of this chapter, the following terms have the following meanings:
(1) “Contest cast selections record report” means a report that lists all of the following for each ballot counted in the tabulation:
(A) The candidate or candidates indicated at each ranking.
(B) The precinct in which the ballot was cast.
(C) Whether the ballot was cast by mail.
(2) “Contest tabulation report” means a report that lists all of the following:
(A) The number of ballots counted.
(B) The votes received by each candidate in each round of the tabulation.
(C) The cumulative number of votes counted as an overvote, abstention, other exhausted vote, and cumulative residual surplus in each round of the tabulation.
(3) “Tabulation by precinct report” means a report that, for each precinct, lists all of the information required in a contest tabulation report.
(b) For a given tabulation, an entry in the contest tabulation report shall equal the total of all corresponding precinct entries that are in the tabulation by precinct report. Whether a candidate is designated as elected or defeated, and the round in which a candidate is designated as elected or defeated, shall be the same for the contest tabulation report and for every precinct in the tabulation by precinct report.
(c) The votes for each round in a contest tabulation report or in a tabulation by precinct report shall be reported as of the completion of subdivision (a) of Section 22100 or subdivision (b) of Section 22101. If Section 22100 applies, residual surplus is not applicable and shall not be reported. If Section 22101 applies, each ballot counted as an overvote, abstention, or other exhausted vote shall be counted as having the number of votes equal to the ballot’s transfer value.
(d) In a contest cast selections record report, ballots shall be listed in a manner that does not permit the order in which they were cast in each precinct to be reconstructed. An overvote ranking may be reported without reporting to which qualified candidates the ranking was assigned.

22201.
 (a) An elections official shall publish a contest tabulation report for the final tabulation of the official canvass in conjunction with the certified statement of the results. The elections official shall also publish at least one of the following reports for the final tabulation of the official canvass:
(1) A tabulation by precinct report.
(2) A contest cast selections record report.
(b) If the elections official determines that tabulation of all rounds is not feasible on election night, the elections official may provide the contest tabulation report totals for only the first round of tabulation or only a tally of the rankings of “1”.
(c) For a contest that is tabulated with a voting system, the elections official shall do all of the following:
(1) Tabulate the results as soon as the elections official determines it is feasible after the close of the polls, and publish the corresponding contest tabulation report.
(2) Tabulate the results for the last preliminary results on election night and publish a corresponding contest tabulation report.
(3) Publish the corresponding contest cast selections record report whenever the results of a tabulation is published, except if tabulation is limited pursuant to subdivision (b).

22202.
 An elections official shall promptly post a report made available to the public pursuant to Section 22201 on his or her official Internet Web site. A contest cast selections record report made available pursuant to this section shall be provided in a plain text electronic format and need not be published by other means. If an elections official does not have an official Internet Web site, the elections official shall promptly make the report available to the public by other means, and he or she shall notify the public of the report’s location through a notice prominently displayed in an appropriate location in his or her office.

SEC. 16.

 Section 25001 is added to the Government Code, to read:

25001.
 (a) Notwithstanding any other provision of law, a county board of supervisors may adopt, or a resident of the county may propose by initiative, a proposal to elect an officer of the county by ranked choice voting. The proposal shall specify which county officers shall be elected by this method and whether they shall be elected at large or by or from district, if applicable.
(b) A proposal pursuant to subdivision (a) shall apply prospectively only and shall not become operative unless it is submitted to the electors of the county at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(c) A proposal enacted pursuant to this section may be amended or repealed in the same manner.
(d) A county officer elected to a full term by ranked choice voting shall only be elected in a general election held in November of an even-numbered year.
(e) This section does not authorize a county to elect members at large if it is required by a court order or judgment to elect its members by or from district.

SEC. 17.

 Section 25040 of the Government Code is amended to read:

25040.
 Each member of the board of supervisors shall be elected by the district that he or she represents, and not at large, except if one of the following is true:
(a) The election is held in any county in which supervisorial districts have not been established by law or ordinance, and in which supervisors were on May 17, 1907, required to be elected at large, but from particular wards, the members shall be elected at large and without regard to residence.
(b) Members are elected at large by ranked choice voting pursuant to Section 25001.

SEC. 18.

 Section 25041 of the Government Code is amended to read:

25041.
 If an election is conducted by or from district, a member shall have been a registered voter of the district that he or she seeks to represent for at least 30 days immediately preceding the deadline for filing nomination documents for the office of supervisor, and shall reside in the district during his or her incumbency.

SEC. 19.

 Section 25061 of the Government Code is amended to read:

25061.
 (a) The election of a supervisor to fill the vacancy for the unexpired term shall be held at the next general election, unless the term expires on the first Monday after January 1st succeeding the election.
(b) A special election to fill one or more vacancies with ranked choice voting and an election to elect one or more other members of the board of supervisors to full terms using ranked choice voting that are held on the same day shall be consolidated into a single contest if the board of supervisors is elected at large or the contests to be consolidated are for members elected by or from the same district.

SEC. 20.

 Article 4 (commencing with Section 34910) is added to Chapter 4 of Part 1 of Division 2 of Title 4 of the Government Code, to read:
Article  4. Election of City Officers by Ranked Choice Voting

34910.
 (a) A municipal legislative body may submit to the registered voters an ordinance providing for the election of an officer of the city by ranked choice voting. The ordinance may also be qualified for the ballot by means of an initiative measure in accordance with Chapter 3 (commencing with Section 9200) of Division 9 of the Elections Code. The ordinance shall specify which city officers shall be elected by this method and whether they shall be elected at large or by or from district, if applicable. An ordinance adopted pursuant to this subdivision shall apply prospectively only and shall not become operative unless it is submitted to the electors of the city at a regularly scheduled election and a majority of the votes cast on the question favor the adoption of the proposal.
(b) If a legislative body is elected by ranked choice voting:
(1) The legislative body may have an odd number of members greater than five, even if the members are elected at large.
(2) A member’s term of office shall be four years.
(c) An ordinance enacted pursuant to this section may be amended or repealed in the same manner.
(d) This section applies both to cities with an elective mayor and cities with a city manager form of government.
(e) This section does not authorize a city to elect members at large if it is required by a court order or judgment to elect its members by or from district.
(f) A city officer elected to a full term by ranked choice voting shall only be elected in a general election held in November of an even-numbered year.

34911.
 If a special election to fill one or more vacancies with ranked choice voting is held on the same day as an election to elect one or more other members of the legislative body to full terms using ranked choice voting, those election contests shall be consolidated into a single contest, provided that the legislative body is elected at large or the contests to be consolidated are for members elected by or from the same district.