AB 1495

Bill Subjects

Abstract

(1) Existing law establishes procedures for filling a vacancy in the representation of the state in the United States Senate. Pursuant to those procedures, the Governor may appoint and commission a qualified person to fill a vacancy until the vacancy is filled at the next general election or special election after the occurrence of the vacancy. Existing law provides that an election to fill the vacancy shall not be held if the vacancy occurs within a term fixed by law to expire on the third day of January following the next general election, in which case the Governor's appointment holds office for the remainder of the unexpired term, unless the vacancy is filled at a special election held prior to that general election. This bill would delete the provisions described above allowing the Governor's appointment to hold office for the remainder of the unexpired term and requiring an election to fill the vacancy to be held at the next general or special election after the occurrence of the vacancy. The bill would instead require a statewide primary election and a statewide general election to fill the vacancy, to be consolidated with either the first or second respective regularly scheduled statewide primary and general elections after the occurrence of the vacancy, as specified. If the elections to fill the vacancy cannot be consolidated with regularly scheduled statewide elections, the bill would require the Governor to consult with the Secretary of State and determine whether it is practical to hold the elections to fill the vacancy, and would authorize the Governor to issue a writ of election for special statewide primary and general elections if the Governor determines it is practical. If the elections to fill the vacancy are consolidated with regularly scheduled elections that include an election to fill the United States Senate seat for the succeeding term, the bill would require the names of the candidates to fill the vacancy to appear on the consolidated ballot immediately below the candidates to fill the United States Senate seat for the succeeding term and would require elections officials to include on the ballot, sample ballot, voter information guide, and ballot materials a notice advising voters that the ballot of the election includes both of those elections, as specified. By increasing the duties of local elections officials relative to providing these notices and conducting vacancy elections, the bill would impose a state-mandated local program. (2) Existing law generally requires a special election to be held to fill a vacancy in the State Senate, State Assembly, or United States House of Representatives and authorizes that special election to be consolidated with a regularly scheduled election held within 200 days of the proclamation of the special election if the regularly scheduled election occurs wholly or partially within the same territory in which the vacancy exists. Existing law sets forth the order of precedence of offices on the ballot, with President and Vice President of the United States listed first and proceeding to progressively more local offices, as specified. Existing law requires the County of Los Angeles, for a specified three-year period, to conduct its elections using an alternate ballot order in which local offices are listed first and national offices, including President and Vice President of the United States and United States Senator, are listed last. Existing law authorizes the County of Los Angeles to continue using that alternate ballot order after the three-year period ends. When a special election to fill a vacancy in the State Senate, State Assembly, United States House of Representatives, or United States Senate is consolidated with the next regularly scheduled election for that office, this bill would require the County of Los Angeles, during that three-year period, to list the regularly scheduled election and the special vacancy election for that office first on the ballot, as provided. The bill would authorize the County of Los Angeles to continue using this alternate ballot order for a special vacancy election consolidated with a regularly scheduled election after the three-year period ends. By creating new duties relating to ballot order for local elections officials, the bill would impose a state-mandated local program. (3) 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 the statutory provisions noted above.