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SCA-18 Elections: recalls.(2017-2018)



Current Version: 05/08/18 - Amended Senate

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SCA18:v98#DOCUMENT

Amended  IN  Senate  May 08, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Constitutional Amendment
No. 18

Introduced by Senator Allen

March 06, 2018

A resolution to propose to the people of the State of California an amendment to the Constitution of the State, by amending Section 15 of Article II thereof, and by amending Section 2 of Article IV thereof, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SCA 18, as amended, Allen. Elections: recalls and legislative vacancies. recalls.
The California Constitution provides that the voters may remove a state officer from elective office by a majority vote in a recall election.
This measure would increase the vote required to recall a state officer from a majority to 55 percent.

The California Constitution provides that the voters may recall a state officer and, in the same election, elect a successor. The California Constitution prohibits the officer who is the subject of a recall election from being a candidate in the recall election. The California Constitution requires the Governor to fill vacancies in courts and prohibits those vacancies from being filled in recall elections

This measure would repeal these prohibitions, thereby enabling an officer who is the subject of a recall to be removed from, and elected to, his or her office in the same election.

The California Constitution requires the Governor to call an election to fill a vacancy occurring in either house of the Legislature.

The measure would instead require the Governor to fill a vacancy in either house of the Legislature by appointment within 45 days of the date of the vacancy or by a special election in which the Governor may require the use of instant runoff voting, as specified. The measure would provide that an appointee does not take office unless he or she is confirmed by a majority vote of the county boards of supervisors or county supervisors, as applicable. If an appointee is not confirmed or is affirmatively rejected with 45 days of his or her appointment, the measure would require the Governor to call a special election to fill the vacancy. The measure would provide that a special election called to fill a legislative vacancy may be consolidated with a statewide election if the special election is called within 240 days of the statewide election.

Vote: 2/3   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  
Resolved by the Senate, the Assembly concurring, That the Legislature of the State of California at its 2017–18 Regular Session commencing on the fifth day of December 2016, two-thirds of the membership of each house concurring, hereby proposes to the people of the State of California that the Constitution of the State be amended as follows:

First—

 That Section 15 of Article II thereof is amended to read:

SEC. 15.
 (a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.
(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.
(c) If the majority vote 55 percent of the vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor.

Second—That Section 2 of Article IV thereof is amended to read:
SEC. 2.

(a)(1)The Senate has a membership of 40 Senators elected for four-year terms, 20 to begin every two years.

(2)The Assembly has a membership of 80 Members elected for two-year terms.

(3)The term of a Senator or a Member of the Assembly shall commence on the first Monday in December next following her or his election.

(4)During her or his lifetime, a person may serve no more than 12 years in the Senate, the Assembly, or both, in any combination of terms. This paragraph shall apply only to those Members of the Senate or the Assembly who are first elected to the Legislature after June 5, 2012, and who have not previously served in the Senate or Assembly. Members of the Senate or Assembly who were elected on or before June 5, 2012, may serve only the number of terms allowed at the time of the last election before June 5, 2012.

(b)Election of Members of the Assembly shall be on the first Tuesday after the first Monday in November of even-numbered years unless otherwise prescribed by the Legislature. Senators shall be elected at the same time and places as Members of the Assembly.

(c)A person is ineligible to be a Member of the Legislature unless the person is an elector and has been a resident of the legislative district for one year, and a citizen of the United States and a resident of California for three years, immediately preceding his or her election, and service of the full term of office to which the person is seeking to be elected would not exceed the maximum years of service permitted by paragraph (4) of subdivision (a).

(d)If a vacancy occurs in the Legislature, the Governor shall do either of the following:

(1)Fill the vacancy by appointment within 45 days of the date of the vacancy, subject to the following conditions:

(A)An appointee shall take office only if, within 45 days of the appointment, he or she is confirmed by approval of one of the following:

(i)For a district that encompasses more than one county, the majority of the county boards of supervisors in the district.

(ii)For a district that encompasses one county or part of one county, the majority of the county supervisors in the district.

(B)(i)If an appointee is not confirmed within 45 days pursuant to subparagraph (A), or is rejected by a majority vote of the county boards of supervisors or county supervisors, as applicable, the Governor shall call a special election to fill the vacancy pursuant to paragraph (2).

(ii)If an appointment is confirmed pursuant to subparagraph (A), the appointee is eligible to take office and, except as provided in subparagraph (C), shall serve until the end of the term of the office.

(C)(i)In the case of an appointment to a seat in the Senate during a term that does not end in the biennium of the regular session of the Legislature during which the vacancy occurred, the appointee shall not serve the remainder of the unexpired term. Instead, a special election shall be held on the date of a statewide election held in the regular session during which the vacancy occurred. The appointee shall serve only until a candidate is elected at the special election and takes office.

(ii)If a special election is held pursuant to this subparagraph, a special primary election shall be held nine weeks before the statewide election with which the special election will be consolidated.

(2)(A)Call a special election to fill the vacancy.

(B)The Governor may require that the special election be conducted with instant runoff voting if both of the following apply:

(i)The county or counties in the affected district are capable of conducting the special election using instant runoff voting.

(ii)The Secretary of State has approved the instant runoff voting method that will be used in the special election.

(3)A special election called pursuant to paragraph (2) may be consolidated with a statewide election if the special election is called within 240 days of the statewide election.