Version:

Existing law sets forth the order of precedence of offices and measures on the ballot and, among other things, requires the office of Superintendent of Public Instruction to be listed on the ballot under the heading, SCHOOL.

This bill would instead require the office of Superintendent of Public Instruction to be listed under the heading, STATEWIDE EDUCATION, and it would move the location of this office on the ballot, thus changing the order of precedence. This bill would also remove other instructions relating to the placement of this office on the ballot.

Version:

The people of the State of California do enact as follows:SECTION 1.Section 13109 of the Elections Code is amended to read:13109.

The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which the ballot is provided. Beginning in the column to the left:

(a)Under the heading, PRESIDENT AND VICE PRESIDENT:

Nominees of the qualified political parties and independent nominees for President and Vice President.

(b)Under the heading, PRESIDENT OF THE UNITED STATES:

(1)Names of the presidential candidates to whom the delegates are pledged.

(2)Names of the chairpersons of unpledged delegations.

(c)Under the heading, STATE:

(1)Governor.

(2)Lieutenant Governor.

(3)Secretary of State.

(4)Controller.

(5)Treasurer.

(6)Attorney General.

(7)Insurance Commissioner.

(8)Member, State Board of Equalization.

(d)Under the heading, UNITED STATES SENATOR:

Candidates or nominees to the United States Senate.

(e)Under the heading, UNITED STATES REPRESENTATIVE:

Candidates or nominees to the House of Representatives of the United States.

(f)Under the heading, STATE SENATOR:

Candidates or nominees to the State Senate.

(g)Under the heading, MEMBER OF THE STATE ASSEMBLY:

Candidates or nominees to the Assembly.

(h)Under the heading, STATEWIDE EDUCATION:

Superintendent of Public Instruction.

(i)Under the heading, COUNTY COMMITTEE:

Members of the County Central Committee.

(j)Under the heading, JUDICIAL:

(1)Chief Justice of California.

(2)Associate Justice of the Supreme Court.

(3)Presiding Justice, Court of Appeal.

(4)Associate Justice, Court of Appeal.

(5)Judge of the Superior Court.

(6)Marshal.

(k)Under the heading, SCHOOL:

(1)County Superintendent of Schools.

(2)County Board of Education Members.

(3)College District Governing Board Members.

(4)Unified District Governing Board Members.

(5)High School District Governing Board Members.

(6)Elementary District Governing Board Members.

(l)Under the heading, COUNTY:

(1)County Supervisor.

(2)Other offices in alphabetical order by the title of the office.

(m)Under the heading, CITY:

(1)Mayor.

(2)Member, City Council.

(3)Other offices in alphabetical order by the title of the office.

(n)Under the heading, DISTRICT:

Directors or trustees for each district in alphabetical order according to the name of the district.

(o)Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (n), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying them for the ballot.

(p)In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions (k), (l), (m), (n), and (o) as well as the order of offices within these subdivisions. However, state measures shall always precede local measures.

The people of the State of California do enact as follows:SECTION 1.Section 13109 of the Elections Code is amended to read:13109.

The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which this the ballot is provided. Beginning in the column to the left:

(a)Under the heading, PRESIDENT AND VICE PRESIDENT:

Nominees of the qualified political parties and independent nominees for President and Vice President.

(b)Under the heading, PRESIDENT OF THE UNITED STATES:

(1)Names of the presidential candidates to whom the delegates are pledged.

(2)Names of the chairpersons of unpledged delegations.

(c)Under the heading, STATE:

(1)Governor.

(2)Lieutenant Governor.

(3)Secretary of State.

(4)Controller.

(5)Treasurer.

(6)Attorney General.

(7)Insurance Commissioner.

(8)Superintendent of Public Instruction.

(9)

(8)Member, State Board of Equalization.

(d)Under the heading, UNITED STATES SENATOR:

Candidates or nominees to the United States Senate.

(e)Under the heading, UNITED STATES REPRESENTATIVE:

Candidates or nominees to the House of Representatives of the United States.

(f)Under the heading, STATE SENATOR:

Candidates or nominees to the State Senate.

(g)Under the heading, MEMBER OF THE STATE ASSEMBLY:

Candidates or nominees to the Assembly.

(h)Under the heading, STATEWIDE EDUCATION:

Superintendent of Public Instruction.

(h)

(i)Under the heading, COUNTY COMMITTEE:

Members of the County Central Committee.

(i)

(j)Under the heading, JUDICIAL:

(1)Chief Justice of California.

(2)Associate Justice of the Supreme Court.

(3)Presiding Justice, Court of Appeal.

(4)Associate Justice, Court of Appeal.

(5)Judge of the Superior Court.

(6)Marshal.

(j)

(k)Under the heading, SCHOOL:

(1)County Superintendent of Schools.

(2)County Board of Education Members.

(3)College District Governing Board Members.

(4)Unified District Governing Board Members.

(5)High School District Governing Board Members.

(6)Elementary District Governing Board Members.

(k)

(l)Under the heading, COUNTY:

(1)County Supervisor.

(2)Other offices in alphabetical order by the title of the office.

(l)

(m)Under the heading, CITY:

(1)Mayor.

(2)Member, City Council.

(3)Other offices in alphabetical order by the title of the office.

(m)

(n)Under the heading, DISTRICT:

Directors or trustees for each district in alphabetical order according to the name of the district.

(n)

(o)Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m) (n), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying them for the ballot.

(o)

(p)In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions (j), (k), (l), (m), and (n) (n), and (o) as well as the order of offices within these subdivisions. However, state measures shall always precede local measures.

The people of the State of California do enact as follows:SECTION 1.Section 13109 of the Elections Code is amended to read:13109.

The order of precedence of offices on the ballot shall be as listed below for those offices and measures that apply to the election for which this ballot is provided. Beginning in the column to the left:

(a)Under the heading, PRESIDENT AND VICE PRESIDENT:

Nominees of the qualified political parties and independent nominees for President and Vice President.

(b)Under the heading, PRESIDENT OF THE UNITED STATES:

(1)Names of the presidential candidates to whom the delegates are pledged.

(2)Names of the chairpersons of unpledged delegations.

(c)Under the heading, STATE:

(1)Governor.

(2)Lieutenant Governor.

(3)Secretary of State.

(4)Controller.

(5)Treasurer.

(6)Attorney General.

(7)Insurance Commissioner.

(8)Superintendent of Public Instruction.

(8)

(9)Member, State Board of Equalization.

(d)Under the heading, UNITED STATES SENATOR:

Candidates or nominees to the United States Senate.

(e)Under the heading, UNITED STATES REPRESENTATIVE:

Candidates or nominees to the House of Representatives of the United States.

(f)Under the heading, STATE SENATOR:

Candidates or nominees to the State Senate.

(g)Under the heading, MEMBER OF THE STATE ASSEMBLY:

Candidates or nominees to the Assembly.

(h)Under the heading, COUNTY COMMITTEE:

Members of the County Central Committee.

(i)Under the heading, JUDICIAL:

(1)Chief Justice of California.

(2)Associate Justice of the Supreme Court.

(3)Presiding Justice, Court of Appeal.

(4)Associate Justice, Court of Appeal.

(5)Judge of the Superior Court.

(6)Marshal.

(j)Under the heading, SCHOOL:

(1)Superintendent of Public Instruction.

(2)

(1)County Superintendent of Schools.

(3)

(2)County Board of Education Members.

(4)

(3)College District Governing Board Members.

(5)

(4)Unified District Governing Board Members.

(6)

(5)High School District Governing Board Members.

(7)

(6)Elementary District Governing Board Members.

(k)Under the heading, COUNTY:

(1)County Supervisor.

(2)Other offices in alphabetical order by the title of the office.

(l)Under the heading, CITY:

(1)Mayor.

(2)Member, City Council.

(3)Other offices in alphabetical order by the title of the office.

(m)Under the heading, DISTRICT:

Directors or trustees for each district in alphabetical order according to the name of the district.

(n)Under the heading, MEASURES SUBMITTED TO THE VOTERS and the appropriate heading from subdivisions (a) through (m), above, ballot measures in the order, state through district shown above, and within each jurisdiction, in the order prescribed by the official certifying them for the ballot.

(o)In order to allow for the most efficient use of space on the ballot in counties that use a voting system, as defined in Section 362, the county elections official may vary the order of subdivisions (j), (k), (l), (m), and (n) as well as the order of offices within these subdivisions. However, the office of Superintendent of Public Instruction shall always precede any school, county, or city office, and state measures shall always precede local measures.

Date	Status
Jun 4, 2015	Referred to Com. on E. & C.A.
Jan 15, 2016	Consideration of Governor's veto stricken from file.
Oct 10, 2015	Vetoed by Governor.
Sep 17, 2015	Enrolled and presented to the Governor at 11:30 a.m.
Sep 8, 2015	Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2566.).
Sep 8, 2015	Read third time. Passed. Ordered to the Assembly.
Sep 8, 2015	In Assembly. Ordered to Engrossing and Enrolling.
Jun 18, 2015	Ordered to third reading.
Jun 18, 2015	From Consent Calendar.
Jun 17, 2015	Read second time. Ordered to Consent Calendar.
Jun 16, 2015	From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 16).
Feb 24, 2015	Read first time. To print.
May 22, 2015	Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1560.)
May 22, 2015	Read third time. Passed. Ordered to the Senate.
May 22, 2015	In Senate. Read first time. To Com. on RLS. for assignment.
May 14, 2015	Read second time. Ordered to Consent Calendar.
May 13, 2015	From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (May 13).
May 7, 2015	Re-referred to Com. on E. & R.
May 6, 2015	From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.
Mar 9, 2015	Referred to Com. on E. & R.
Feb 25, 2015	From printer. May be heard in committee March 27.

Date	Description	Location	Votes
Sep 8, 2015	Assembly 3rd Reading AB562 Holden By Liu	Senate Floor	40 0 0 Passed
Jun 16, 2015	Do pass and be ordered to the Consent Calendar	Senate Standing Committee on Elections and Constitutional Amendments	5 0 0 Passed
May 22, 2015	AB 562 HOLDEN Consent Calendar Second Day Regular Session	Assembly Floor	74 0 6 Passed
May 13, 2015	Do pass. To Consent Calendar.	Assembly Standing Committee on Elections and Redistricting	7 0 0 Passed

Key

Pro

Against

Did Not Vote

This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.

Positions by individuals are not included.

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Organization	Position	Date
California Association of Clerks and Election Officials	** Support	Sep 8, 2015

* Testimony in a hearing

** Position recorded in bill analysis

*** Position recorded in written testimony

Governor's Veto analysis @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in } p { direction: ltr; color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; background: transparent } p.western { font-size: 12pt; font-family: "Times New Roman", serif } p.cjk { font-size: 12pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: my-MM } h1 { direction: ltr; color: #000000; widows: 2; orphans: 2; background: transparent; page-break-after: avoid } h1.western { font-size: 12pt; font-family: "Times New Roman", serif } h1.cjk { font-family: "Times New Roman", serif; font-size: 12pt } h1.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA }

AB 562

Page 3

GOVERNOR'S VETO

GV Bill Id:AB 562

Author:(Holden)

As Enrolled Ver:September 10, 2015

2/3 vote

Committee	Votes	Ayes	Noes
Elections	7-0	Ridley-Thomas, Grove, Travis Allen, Gatto, Gordon, Mullin, Perea

ASSEMBLY:

74-0

(May 22, 2015)

SENATE:

40-0

(September 8, 2015)

SUMMARY: Requires the office of the Superintendent of Public Instruction (SPI) to be listed on the ballot under the heading of STATEWIDE EDUCATION. Requires the office of SPI to appear on the ballot immediately after the races for State Assembly. Makes other technical changes.

EXISTING LAW:

Requires every ballot to contain the following:
1. The title of each office, arranged to conform as nearly as practical in accordance with existing law;
2. The names of all qualified candidates, as specified; and,
3. The titles and summaries of measures submitted to a vote of the voters.
Requires the offices on the ballot to be listed in the order detailed below:
1. President and Vice President.
2. President of the United States.
3. State offices of Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, Insurance Commissioner, and Members of the State Board of Equalization.
4. United States Senate.
5. United States House of Representatives.
6. State Senate.
7. State Assembly.
8. Political Party County Central Committee.
9. Judicial offices.
10. School offices, including SPI.
11. County offices.
12. District offices.
13. Ballot measures.
Permits county elections officials to vary the order of school, county, city, and district offices and measures in order to allow for the most efficient use of space on the ballot provided that the office of SPI always precedes any school, county, or city office and state measures always precede local measures.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "Studies show that most voters do not make it to the bottom of a ballot, therefore preventing them from fully participating in the election process. The Superintendent of Public Instruction is the only statewide elected officer that does not appear at the top of the ballot and, as a result, may not receive the entirety of votes cast. Assembly Bill 562 makes a technical change to place the Superintendent of Public Instruction at the top of the ballot alongside other statewide elected officers in order to ensure that voters have the opportunity to select their candidate."

Current law requires a ballot to comply with a variety of laws that dictate its form and content. For example, existing law requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. In addition, current law requires a ballot to follow certain formatting requirements, such as the order offices must appear on the ballot and font size. While existing law does allow for some flexibility in ballot format, such as allowing a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified, most requirements are fairly specific.

Current law requires the office of SPI to be listed under the heading SCHOOL, which is listed after candidates for President and Vice President, candidates for statewide offices (such as Governor, Lieutenant Governor, Secretary of State, etc.), candidates for United States Senator and Representative, candidates for state Senate and Assembly, candidates for county central committees, and finally judicial candidates. As a result, the office of SPI is found further down the ballot usually on the second page. This bill makes technical changes to the placement of the office of SPI on the ballot. Specifically, this bill requires the office of the SPI to be moved up on the ballot and be listed after candidates for the state Assembly under the new heading of STATEWIDE EDUCATION.

Many studies discuss the phenomenon of "voter fatigue" or "ballot drop-off" in which the number of votes cast per office drops consistently as a voter moves down the ballot. For instance, the number of votes cast for president is almost always much greater than the number of votes cast for many candidates for lower statewide elected office (such as Lieutenant Governor, Attorney General, Secretary of State, etc.) or other local offices (such as state legislators, city councilors, etc.). Other studies discuss the advantage of ballot placement content and contend that there is an advantage to being listed first on the ballot and that offices in the middle and the bottom of the ballot tend to receive less attention. According to a news media article provided by the author's office, approximately 6.7 million ballots were cast in the November 4, 2014 general election, and only 5.4 million of them included a vote for either of the two candidates running for the office of SPI.

GOVERNOR'S VETO MESSAGE:

This bill would move the Superintendent of Public Instruction to a new stand-alone category entitled "STATEWIDE EDUCATION" near the top of statewide ballots, instead of under the current heading of "SCHOOL," along with other education officials.

Just as the Chief Justice is placed with all other judicial candidates -- both local and regional -- on the ballot, it stands to reason that the Superintendent of Public Instruction should be placed with all other educational candidates.

The current ballot order has existed with minimal changes for decades, and I don't think there is a good reason to change it now.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0002522

SENATE RULES COMMITTEE - SENATE FLOOR ANALYSIS @page { size: 8.5in 11in; margin-left: 1in; margin-right: 1in; margin-top: 0.5in; margin-bottom: 0.5in } p { color: #000000; widows: 2; margin-bottom: 0.1in; orphans: 2; line-height: 115%; direction: ltr; background: transparent } p.western { font-size: 14pt; font-family: "Times New Roman", serif } p.cjk { font-size: 14pt; font-family: "Times New Roman", serif } p.ctl { font-size: 10pt; font-family: "Times New Roman", serif; so-language: ar-SA } h1 { direction: ltr; color: #000000; widows: 2; page-break-inside: avoid; orphans: 2; background: transparent; page-break-after: avoid } h1.western { font-size: 12pt; font-family: "Times New Roman", serif } h1.cjk { font-size: 12pt; font-family: "Times New Roman", serif } h1.ctl { font-weight: bold; font-size: 14pt; font-family: "Times New Roman", serif; so-language: ar-SA } h2 { direction: ltr; margin-top: 0.14in; margin-bottom: 0in; widows: 2; color: #000000; orphans: 2; page-break-inside: avoid; background: transparent; page-break-after: avoid } h2.western { font-size: 14pt; font-weight: bold; font-family: "Times New Roman", serif } h2.cjk { font-weight: bold; font-size: 14pt; font-family: "Times New Roman", serif } h2.ctl { font-weight: bold; font-family: "Times New Roman", serif; font-size: 13pt; so-language: ar-SA } a:link { color: #0000ff; text-decoration: underline } a.western:link { font-weight: bold } a.cjk:link { font-weight: bold }

AB 562

Page 5

SENATE RULES COMMITTEE

Office of Senate Floor Analyses

(916) 651-1520 Fax: (916) 327-4478

AB 562

THIRD READING

Bill No: AB 562

Author: Holden (D)

Amended: 5/6/15 in Assembly

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/16/15

AYES: Allen, Anderson, Hancock, Hertzberg, Liu

ASSEMBLY FLOOR: 74-0, 5/22/15 (Consent) - See last page for vote

SUBJECT: Elections: ballots

SOURCE: Author

DIGEST: This bill requires the Office of the Superintendent of Public Instruction (SPI) to be listed on the ballot under the heading of STATEWIDE EDUCATION; requires the Office of SPI to appear on the ballot immediately after the races for State Assembly; and makes other technical changes.

ANALYSIS:

Existing law:

Sets forth the order of precedence of offices and measures on the ballot, and requires the Office of SPI to be listed in the ballot under the heading, SCHOOL.

Requires every ballot to contain the following:

The title of each office, arranged to conform as nearly as practical in accordance with existing law;
The names of all qualified candidates, as specified; and
The titles and summaries of measures submitted to a vote of the voters.

Requires the offices on the ballot to be listed in the order detailed below, beginning in the column to the left:

Under the heading, PRESIDENT AND VICE PRESIDENT (at a Presidential general election): Nominees of the qualified political parties and independent nominees for President and Vice President.

Under the heading, PRESIDENT OF THE UNITED STATES (at a Presidential primary election): Names of the presidential candidates to whom the delegates are pledged and names of the chairpersons of unpledged delegations.

Under the heading STATE:

Governor;
Lieutenant Governor;
Secretary of State;
Controller;
Treasurer;
Attorney General;
Insurance Commissioner; and
Member, State Board of Equalization.

Under the heading, UNITED STATES SENATOR: Candidates or nominees to the United States Senate.

Under the heading, UNITED STATES REPRESENTATIVE: Candidates or nominees to the House of Representatives of the United States.

Under the heading, STATE SENATOR: Candidates or nominees to the State Senate.

Under the heading, MEMBER OF THE STATE ASSEMBLY: Candidates or nominees to the Assembly.

Under the heading, COUNTY COMMITTEE: Members of the County Central Committee.

Under the heading, JUDICIAL:

Chief Justice of California;
Associate Justice of the Supreme Court;
Presiding Justice, Court of Appeal;
Associate Justice, Court of Appeal;
Judge of the Superior Court; and
Marshal.

Under the heading, SCHOOL:

Superintendent of Public Instruction;
County Superintendent of Schools;
County Board of Education Members;
College District Governing Board Members;
Unified District Governing Board Members;
High School District Governing Board Members; and
Elementary District Governing Board Members.

Under the heading, COUNTY:

County Supervisor; and
Other offices in alphabetical order by the title of the office.

Under the heading, CITY:

Mayor;
Member, City Council; and
Other offices in alphabetical order by the title of the office.

Under the heading, DISTRICT: Directors or trustees for each district in alphabetical order according to the name of the district.

Under the heading, MEASURES SUBMITTED TO THE VOTERS, ballot measures beginning with state measures.

Permits county elections officials to vary the order of school, county, city, and district offices and measures in order to allow for the most efficient use of space on the ballot provided that the Office of SPI always precedes any school, county, or city office and state measures always precede local measures.

This bill:

Changes the order of precedence on the ballot for the Office of SPI by doing the following:

Creates the heading STATEWIDE EDUCATION and places it just below candidates or nominees to the Assembly.

Requires the title Superintendent of Public Instruction be listed immediately underneath the heading STATEWIDE EDUCATION.

Makes other technical changes.

Background

Ballot content and form. Existing law requires a ballot to comply with a variety of laws that dictate its form and content. For example, a ballot is required to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. In addition, existing law requires a ballot to follow certain formatting requirements, such as the order offices must appear on the ballot and font size. While existing law does allow for some flexibility in ballot format, such as allowing a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified, most requirements are fairly specific.

As described above, existing law requires the Office of SPI to be listed under the heading SCHOOL, which is listed after candidates for President and Vice President, candidates for statewide offices (such as Governor, Lieutenant Governor, Secretary of State, etc.), candidates for United States Senator and Representative, candidates for state Senate and Assembly, candidates for county central committees, and finally judicial candidates. As a result, the Office of SPI is found further down the ballot usually on the second page.

Comments

According to the author, the SPI is the only statewide elected officer that does not appear at the top of the ballot. AB 562 makes a technical change to instead require the SPI to be listed under the heading, “STATEWIDE EDUCATION,” alongside other statewide elected officers in order to ensure that voters have the opportunity to select their candidate.
Ballot placement. Many studies discuss the phenomenon of “voter fatigue” or “ballot drop-off” in which the number of votes cast per office drops consistently as a voter moves down the ballot. For instance, the number of votes cast for President is almost always much greater than the number of votes cast for many candidates located lower on the ballot for other offices (such as state legislators, judicial, county supervisors, city councilors, etc.). Other studies discuss the advantage of ballot placement content and contend that there is an advantage to being listed first on the ballot and that offices in the middle and the bottom of the ballot tend to receive less attention. According to a Sacramento Bee editorial provided by the author's office, approximately 6.7 million ballots were cast in the November 4, 2014 General Election and only 5.4 million of them included a vote for either of the two candidates running for the Office of SPI.

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 6/16/15)

California Association of Clerks and Election Officials

OPPOSITION: (Verified 6/16/15)

None received

ASSEMBLY FLOOR: 74-0, 5/22/15

AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Alejo, Jones, O'Donnell, Olsen, Waldron, Weber

Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106

6/18/15 12:00:19

**** END ****

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AB 562 (Holden) Page 4 of 4

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Ben Allen, Chair

2015 - 2016 Regular

Bill No: AB 562 Hearing Date: 6/16/15

Author:	Holden
Version:	5/6/15
Urgency:	No	Fiscal:	No
Consultant:	Frances Tibon Estoista

Subject: Elections: ballots

DIGEST

This bill requires the office of the Superintendent of Public Instruction (SPI) to be listed on the ballot under the heading of STATEWIDE EDUCATION; requires the office of SPI to appear on the ballot immediately after the races for state Assembly and makes other technical changes.

ANALYSIS

Existing law sets forth the order of precedence of offices and measures on the ballot, and requires the office of SPI to be listed in the ballot under the heading, SCHOOL. Existing law specifically:

Requires every ballot to contain the following:
1. The title of each office, arranged to conform as nearly as practical in accordance with existing law;
2. The names of all qualified candidates, as specified; and,
3. The titles and summaries of measures submitted to a vote of the voters.
Requires the offices on the ballot to be listed in the order detailed below, beginning in the column to the left:
1. Under the heading, PRESIDENT AND VICE PRESIDENT (at a Presidential general election): Nominees of the qualified political parties and independent nominees for President and Vice President.
2. Under the heading, PRESIDENT OF THE UNITED STATES (at a Presidential primary election): Names of the presidential candidates to whom the delegates are pledged and names of the chairpersons of unpledged delegations.
3. Under the heading STATE:
  1. Governor;
  2. Lieutenant Governor;
  3. Secretary of State;
  4. Controller;
  5. Treasurer;
  6. Attorney General;
  7. Insurance Commissioner; and,
  8. Member, State Board of Equalization.
4. Under the heading, UNITED STATES SENATOR: Candidates or nominees to the United States Senate.
5. Under the heading, UNITED STATES REPRESENTATIVE: Candidates or nominees to the House of Representatives of the United States.
6. Under the heading, STATE SENATOR: Candidates or nominees to the State Senate.
7. Under the heading, MEMBER OF THE STATE ASSEMBLY: Candidates or nominees to the Assembly.
8. Under the heading, COUNTY COMMITTEE: Members of the County Central Committee.
9. Under the heading, JUDICIAL:
  1. Chief Justice of California;
  2. Associate Justice of the Supreme Court;
  3. Presiding Justice, Court of Appeal;
  4. Associate Justice, Court of Appeal;
  5. Judge of the Superior Court; and,
  6. Marshal.
10. Under the heading, SCHOOL:
  1. Superintendent of Public Instruction;
  2. County Superintendent of Schools;
  3. County Board of Education Members;
  4. College District Governing Board Members;
  5. Unified District Governing Board Members;
  6. High School District Governing Board Members; and,
  7. Elementary District Governing Board Members.
11. Under the heading, COUNTY:
  1. County Supervisor; and,
  2. Other offices in alphabetical order by the title of the office.
12. Under the heading, CITY:
  1. Mayor;
  2. Member, City Council; and,
  3. Other offices in alphabetical order by the title of the office.
13. Under the heading, DISTRICT: Directors or trustees for each district in alphabetical order according to the name of the district.
14. Under the heading, MEASURES SUBMITTED TO THE VOTERS, ballot measures beginning with state measures.

Permits county elections officials to vary the order of school, county, city, and district offices and measures in order to allow for the most efficient use of space on the ballot provided that the office of SPI always precedes any school, county, or city office and state measures always precede local measures.

This bill: Changes the order of precedence on the ballot for the office of Superintendent of Public Instruction by doing the following:

Creates the heading STATEWIDE EDUCATION and places it just below candidates or nominees to the Assembly.

Requires the title Superintendent of Public Instruction be listed immediately underneath the heading STATEWIDE EDUCATION.

Makes other technical changes.

BACKGROUND

Ballot Content and Form: Existing law requires a ballot to comply with a variety of laws that dictate its form and content. For example, a ballot is required to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. In addition, existing law requires a ballot to follow certain formatting requirements, such as the order offices must appear on the ballot and font size. While existing law does allow for some flexibility in ballot format, such as allowing a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified, most requirements are fairly specific.

As described above, current law requires the office of SPI to be listed under the heading SCHOOL, which is listed after candidates for President and Vice President, candidates for statewide offices (such as Governor, Lieutenant Governor, Secretary of State, etc.), candidates for United States Senator and Representative, candidates for state Senate and Assembly, candidates for county central committees, and finally judicial candidates. As a result, the office of SPI is found further down the ballot usually on the second page.

COMMENTS

According to the Author, the Superintendent of Public Instruction is the only statewide elected officer that does not appear at the top of the ballot. AB 562 makes a technical change to instead require the Superintendent of Public Instruction to be listed under the heading, “STATEWIDE EDUCATION,” alongside other statewide elected officers in order to ensure that voters have the opportunity to select their candidate.
Ballot Placement: Many studies discuss the phenomenon of "voter fatigue" or "ballot drop-off" in which the number of votes cast per office drops consistently as a voter moves down the ballot. For instance, the number of votes cast for president is almost always much greater than the number of votes cast for many candidates located lower on the ballot for other offices (such as state legislators, judicial, county supervisors, city councilors, etc.). Other studies discuss the advantage of ballot placement content and contend that there is an advantage to being listed first on the ballot and that offices in the middle and the bottom of the ballot tend to receive less attention. According to a Sacramento Bee editorial provided by the author's office, approximately 6.7 million ballots were cast in the November 4, 2014 General Election and only 5.4 million of them included a vote for either of the two candidates running for the office of SPI.

PRIOR ACTION

Assembly Floor:	74 - 0
Assembly Elections and Redistricting Committee:	7 - 0

POSITIONS

Sponsor: Author

Support: California Association of Clerks and Election Officials

Oppose: None received

-- END --

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AB 562

Page 4

Date of Hearing: May 13, 2015

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Sebastian Ridley-Thomas, Chair

ABPCA Bill Id:AB 562

Author:(Holden) – As Amended Ver:May 6, 2015

SUBJECT: Elections: ballots.

EXISTING LAW:

Requires every ballot to contain the following:
1. The title of each office, arranged to conform as nearly as practical in accordance with existing law;
2. The names of all qualified candidates, as specified; and,
3. The titles and summaries of measures submitted to a vote of the voters.
Requires the offices on the ballot to be listed in the order detailed below, beginning in the column to the left:
1. Under the heading, PRESIDENT AND VICE PRESIDENT (at a Presidential general election): Nominees of the qualified political parties and independent nominees for President and Vice President.
2. Under the heading, PRESIDENT OF THE UNITED STATES (at a Presidential primary election): Names of the presidential candidates to whom the delegates are pledged and names of the chairpersons of unpledged delegations.
3. Under the heading STATE:
  1. Governor;
  2. Lieutenant Governor;
  3. Secretary of State;
  4. Controller;
  5. Treasurer;
  6. Attorney General;
  7. Insurance Commissioner; and,
  8. Member, State Board of Equalization.

(d) Under the heading, UNITED STATES SENATOR: Candidates or nominees to the United States Senate.

(e) Under the heading, UNITED STATES REPRESENTATIVE: Candidates or nominees to the House of Representatives of the United States.

(f) Under the heading, STATE SENATOR: Candidates or nominees to the State Senate.

(g) Under the heading, MEMBER OF THE STATE ASSEMBLY: Candidates or nominees to the Assembly.

(h) Under the heading, COUNTY COMMITTEE: Members of the County Central Committee.

(i) Under the heading, JUDICIAL:

(1) Chief Justice of California;

(2) Associate Justice of the Supreme Court;

(3) Presiding Justice, Court of Appeal;

(4) Associate Justice, Court of Appeal;

(5) Judge of the Superior Court; and,

(6) Marshal.

(j) Under the heading, SCHOOL:

(1) SPI;

(2) County Superintendent of Schools;

(3) County Board of Education Members;

(4) College District Governing Board Members;

(5) Unified District Governing Board Members;

(6) High School District Governing Board Members; and,

(7) Elementary District Governing Board Members.

(k) Under the heading, COUNTY:

(1) County Supervisor; and,

(2) Other offices in alphabetical order by the title of the office.

(l) Under the heading, CITY:

(1) Mayor;

(2) Member, City Council; and,

(3) Other offices in alphabetical order by the title of the office.

(m) Under the heading, DISTRICT: Directors or trustees for each district in alphabetical order according to the name of the district.

(n) Under the heading, MEASURES SUBMITTED TO THE VOTERS, ballot measures beginning with state measures.

Permits county elections officials to vary the order of school, county, city, and district offices and measures in order to allow for the most efficient use of space on the ballot provided that the office of SPI always precedes any school, county, or city office and state measures always precede local measures.

FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

Purpose of the Bill: According to the author:

Studies show that most voters do not make it to the bottom of a ballot, therefore preventing them from fully participating in the election process. The Superintendent of Public Instruction is the only statewide elected officer that does not appear at the top of the ballot and, as a result, may not receive the entirety of votes cast. Assembly Bill 562 makes a technical change to place the Superintendent of Public Instruction at the top of the ballot alongside other statewide elected officers in order to ensure that voters have the opportunity to select their candidate.

Ballot Content and Form: Current law requires a ballot to comply with a variety of laws that dictate its form and content. For example, existing law requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. In addition, current law requires a ballot to follow certain formatting requirements, such as the order offices must appear on the ballot and font size. While existing law does allow for some flexibility in ballot format, such as allowing a county elections official to make ballot formatting changes to accommodate the limitations of a voting system or vote tabulating device, as specified, most requirements are fairly specific.

As described above, current law requires the office of SPI to be listed under the heading SCHOOL, which is listed after candidates for President and Vice President, candidates for statewide offices (such as Governor, Lieutenant Governor, Secretary of State, etc.), candidates for United States Senator and Representative, candidates for state Senate and Assembly, candidates for county central committees, and finally judicial candidates. As a result, the office of SPI is found further down the ballot usually on the second page. According to the author' statement, the office of SPI should be moved to the top of the ballot alongside other statewide elected officers in order to ensure that voters have the opportunity to select their candidate. This bill makes technical changes to the placement of the office of SPI on the ballot. Specifically, this bill requires the office of the SPI to be moved up on the ballot and be listed after candidates for the state Assembly under the new heading of STATEWIDE EDUCATION.
Ballot Placement: Many studies discuss the phenomenon of "voter fatigue" or "ballot drop-off" in which the number of votes cast per office drops consistently as a voter moves down the ballot. For instance, the number of votes cast for president is almost always much greater than the number of votes cast for many candidates for lower statewide elected office (such as lieutenant governor, attorney general, secretary of state, etc.) or other local offices (such as state legislators, city councilors, etc.). Other studies discuss the advantage of ballot placement content and contend that there is an advantage to being listed first on the ballot and that offices in the middle and the bottom of the ballot tend to receive less attention. According to a news media article provided by the author's office, approximately 6.7 million ballots were cast in the November 4, 2014 general election, and only 5.4 million of them included a vote for either of the two candidates running for the office of SPI.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094

Discussed in Hearing

2MIN

Senate Floor

View Older Hearings

Authors shown for version:
Enrolled (9/10/2015)

AB 562: Elections: ballots.

GOVERNOR'S VETO

GV Bill Id:AB 562

THIRD READING

Bill No: AB 562

DIGEST: This bill requires the Office of the Superintendent of Public Instruction (SPI) to be listed on the ballot under the heading of STATEWIDE EDUCATION; requires the Office of SPI to appear on the ballot immediately after the races for State Assembly; and makes other technical changes.

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

DIGEST

This bill requires the office of the Superintendent of Public Instruction (SPI) to be listed on the ballot under the heading of STATEWIDE EDUCATION; requires the office of SPI to appear on the ballot immediately after the races for state Assembly and makes other technical changes.

ANALYSIS

BACKGROUND

COMMENTS

PRIOR ACTION

POSITIONS

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

ABPCA Bill Id:AB 562

Senate Floor