AB 759: Elections: county officers.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-09-29
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would require the election to select district attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney or sheriff elected in 2022. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. To the extent changing the date for election of district attorney and sheriff would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would require the election to select district attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney or sheriff elected in 2022. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. To the extent changing the date for election of district attorney and sheriff would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would require the election to select district attorney, sheriff, and assessor attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney, sheriff, or assessor attorney or sheriff elected in 2022, except as specified. 2022. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. The bill would make these provisions operative on January 1, 2023. To the extent changing the date for election of district attorney, sheriff, and assessor attorney and sheriff would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would require the election to select district attorney and sheriff attorney, sheriff, and assessor to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney or sheriff attorney, sheriff, or assessor elected in 2022, and would provide that the next election for those offices would occur at the 2028 presidential primary. except as specified. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. The bill would make these provisions operative on January 1, 2023. To the extent changing the date for election of district attorney and sheriff attorney, sheriff, and assessor would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would require the election to select district attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney or sheriff elected in 2022, and would provide that the next election for those offices would occur at the 2028 presidential primary. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. The bill would make these provisions operative on January 1, 2023. To the extent changing the date for election of district attorney and sheriff would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would instead require the election to select county officers district attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. The bill would make these provisions operative on January 1, 2023. To the extent changing the date for election of county officers district attorney and sheriff would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would instead require the election to select county officers to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would make these provisions operative on January 1, 2023. To the extent changing the date for election of county officers would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill would instead require the election to select county officers to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to the presidential general election. The bill would make these provisions operative on January 1, 2023. To the extent changing the date for election of county officers would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill, commencing January 1, 2024, would require an election for county sheriff to instead be held at the presidential general election. bill would instead require the election to select county officers to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to the presidential general election. The bill would make these provisions operative on January 1, 2023. To the extent changing the date for election of county sheriffs officers would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the Legislature to provide for an elected county sheriff in each county. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected.
This bill, commencing January 1, 2024, would require an election for county sheriff to instead be held at the presidential general election. To the extent changing the date for election of county sheriffs would impose additional duties on local elections officials, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)(1)An election to select a district attorney and sheriff shall be held with the presidential primary.
(2)If the district attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff.
(b)(1)Except as provided in paragraph (2) and as otherwise provided in the Government Code, an election to select county officers other than district attorney and sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2)Notwithstanding paragraph (1), and except as otherwise provided in the Government Code, a county board of supervisors may adopt an ordinance to hold an election to select any county officer other than a county superintendent of schools with the presidential primary.
(3)If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c)Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney and sheriff be elected in presidential election years applies to both general law and charter counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney or sheriff would occur.
(d)A district attorney or sheriff elected in 2022 shall serve a six-year term and the next election for that office shall occur at the 2028 presidential primary.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.Except as otherwise provided, all elective county officers shall be elected at the election specified pursuant to Section 1300 of the Elections Code and take office at 12 o'clock noon on the first Monday after the January 1 succeeding their election.
SEC. 4.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)An election to select a district attorney and sheriff shall be held with the presidential primary.
(2)If the district attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff.
(b)(1)Except as provided in paragraph (2) and as otherwise provided in the Government Code, an election to select county officers other than district attorney and sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2)Notwithstanding paragraph (1), and except as otherwise provided in the Government Code, a county board of supervisors may adopt an ordinance to hold an election to select any county officer other than a county superintendent of schools with the presidential primary.
(3)If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c)Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney and sheriff be elected in presidential election years applies to both general law and charter counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney or sheriff would occur.
(d)A district attorney or sheriff elected in 2022 shall serve a six-year term and the next election for that office shall occur at the 2028 presidential primary.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.Except as otherwise provided, all elective county officers shall be elected at the election specified pursuant to Section 1300 of the Elections Code and take office at 12 o'clock noon on the first Monday after the January 1 succeeding their election.
SEC. 4.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)(1)An election to select a district attorney, sheriff, and assessor attorney and sheriff shall be held with the presidential primary.
(2)If the district attorney, sheriff, or assessor attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney, sheriff, or assessor. attorney or sheriff.
(b)(1)Except as provided in paragraph (2) and as otherwise provided in the Government Code, an election to select county officers other than district attorney, sheriff, and assessor attorney and sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2)Notwithstanding paragraph (1), and except as otherwise provided in the Government Code, a county board of supervisors may adopt an ordinance to hold an election to select any county officer other than a county superintendent of schools with the presidential primary.
(3)If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c)Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney, sheriff, and assessor attorney and sheriff be elected in presidential election years applies to both general law and charter counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney, sheriff, or assessor attorney or sheriff would occur.
(d)(1)Except as provided in paragraph (2), a district attorney, sheriff, or assessor A district attorney or sheriff elected in 2022 shall serve a six-year term and the next election for that office shall occur at the 2028 presidential primary.
(2)A county may, by ordinance, provide for a two-year term for a district attorney, sheriff, or assessor elected in 2022, in which case the next election for that office shall occur at the 2024 presidential primary.(3)This subdivision shall become operative on January 1, 2022.(e)Except as provided in subdivision (d), this section shall become operative on January 1, 2023.SEC. 3.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, election specified pursuant to Section 1300 of the Elections Code and take office at 12 o'clock noon on the first Monday after the January 1 succeeding their election.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.SEC. 4.Section 24200 is added to the Government Code, to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the election specified pursuant to Section 1300 of the Elections Code and take office at 12 oclock noon on the first Monday after the January 1 succeeding their election.(b)This section shall become operative on January 1, 2023.SEC. 5.SEC. 4.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. In the event that county officers are not elected pursuant to Sections 8140 and 8141, this election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 1300 is added to the Elections Code, to read:1300.(a)(1)An election to select a district attorney or sheriff attorney, sheriff, and assessor shall be held with the presidential primary.
(2)If the district attorney or sheriff attorney, sheriff, or assessor is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff. attorney, sheriff, or assessor.
(b)(1)Except as provided in paragraph (2), (2) and as otherwise provided in the Government Code, an election to select any of the elective county officers specified in Section 24009 of the Government Code other than district attorney or sheriff attorney, sheriff, and assessor shall be held with the statewide primary at which candidates for Governor are nominated.
(2)Notwithstanding paragraph (1), and except as otherwise provided in the Government Code, a county board of supervisors may adopt an ordinance to hold the election for county officers described in this subdivision an election to select any county officer other than a county superintendent of schools with the presidential primary.
(3)If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c)Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney or sheriff attorney, sheriff, and assessor be elected in presidential election years applies to both general law and charter counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney or sheriff attorney, sheriff, or assessor would occur.
(d)A district attorney or sheriff (1)Except as provided in paragraph (2), a district attorney, sheriff, or assessor elected in 2022 shall serve a six-year term and the next election for that office shall occur at the 2028 presidential primary.
(2)A county may, by ordinance, provide for a two-year term for a district attorney, sheriff, or assessor elected in 2022, in which case the next election for that office shall occur at the 2024 presidential primary.
(3)This subdivision shall become operative on January 1, 2022.
(e)This Except as provided in subdivision (d), this section shall become operative on January 1, 2023.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1 succeeding their election.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 24200 is added to the Government Code, to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the election specified pursuant to Section 1300 of the Elections Code and take office at 12 oclock noon on the first Monday after the January 1 succeeding their election.
(b)This section shall become operative on January 1, 2023.
SEC. 5.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. In the event that county officers are not elected pursuant to Sections 8140 and 8141, this election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 1300 is added to the Elections Code, to read:1300.(a)(1)An election to select a district attorney or sheriff shall be held with the presidential primary.
(2)If the district attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff.
(b)(1)Except as provided in paragraph (2), an election to select any of the elective county officers specified in Section 24009 of the Government Code other than district attorney or sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2)Notwithstanding paragraph (1), a county board of supervisors may adopt an ordinance to hold the election for county officers described in this subdivision with the presidential primary.
(3)If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(c)Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that the district attorney or sheriff be elected in presidential election years applies to both general law and charter counties. counties, except those charter counties that, on or before January 1, 2021, expressly specified in their charter when an election for district attorney or sheriff would occur.
(d)For a A district attorney or sheriff elected in 2022, a county, including a charter county, may by ordinance provide for a two-year term, in which case the next election for that office would occur at the 2024 presidential primary, or a six-year term, in which case 2022 shall serve a six-year term and the next election for that office would shall occur at the 2028 presidential primary.
(e)This section shall become operative on January 1, 2023.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1 succeeding their election.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 24200 is added to the Government Code, to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the election specified pursuant to Section 1300 of the Elections Code and take office at 12 oclock noon on the first Monday after the January 1 succeeding their election.
(b)This section shall become operative on January 1, 2023.
SEC. 5.The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 5.SEC. 6.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. In the event that county officers are not elected pursuant to Sections 8140 and 8141, this election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 1300 is added to the Elections Code, to read:1300.(a)(1)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the presidential primary.(2)If county officers are not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select county officers.1300.(a)(1)An election to select a district attorney or sheriff shall be held with the presidential primary.
(2)If the district attorney or sheriff is not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select the district attorney or sheriff.
(b)(1)Except as provided in paragraph (2), an election to select any of the elective county officers specified in Section 24009 of the Government Code other than district attorney or sheriff shall be held with the statewide primary at which candidates for Governor are nominated.
(2)Notwithstanding paragraph (1), a county board of supervisors may adopt an ordinance to hold the election for county officers described in this subdivision with the presidential primary.
(3)If a county officer described in this subdivision is not elected pursuant to Sections 8140 and 8141, the election held pursuant to paragraph (1) or (2) shall be deemed a primary election and a county general election for the office shall be held with the following statewide general election.
(b)(c)Notwithstanding subdivision (b) of Section 1003 or any other law, the requirement that county officers district attorney or sheriff be elected in presidential election years applies to both general law and charter counties.
(c)(d)For a county officer district attorney or sheriff elected in 2022, a county, including a charter county, may by ordinance provide for a two-year term, in which case the next election for that office would occur at the 2024 presidential primary, or a six-year term, in which case the next election for that office would occur at the 2028 presidential primary.
(d)(e)This section shall become operative on January 1, 2023.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1 succeeding their election.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 24200 is added to the Government Code, to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the presidential general election specified pursuant to Section 1300 of the Elections Code and take office at 12 oclock noon on the first Monday after the January 1 succeeding their election.
(b)This section shall become operative on January 1, 2023.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. In the event that county officers are not elected pursuant to Sections 8140 and 8141, this election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 1300 is added to the Elections Code, to read:1300.(a)(1)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the presidential primary.
(2)If county officers are not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select county officers.
(b)Notwithstanding subdivision (b) of Section 1003 or any other law, this section the requirement that county officers be elected in presidential election years applies to both general law and charter counties.
(c)For a county officer elected in 2022, a county, including a charter county, may by ordinance provide for a two-year term, in which case the next election for that office would occur at the 2024 presidential primary, or a six-year term, in which case the next election for that office would occur at the 2028 presidential primary.
(d)This section shall become operative on January 1, 2023.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1st 1 succeeding their election.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 24200 is added to the Government Code, to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the presidential general election and take office at 12 oclock noon on the first Monday after the January 1st 1 succeeding their election.
(b)This section shall become operative on January 1, 2023.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. In the event that county officers are not elected pursuant to Sections 8140 and 8141, this election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 1300 is added to the Elections Code, to read:1300.(a)(1)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the presidential primary.
(2)If county officers are not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select county officers.
(b)(1)Notwithstanding subdivision (b) of Section 1003 or any other law, this section applies to both general law and charter counties.
(2)(A)The length of the term of a county officer elected in 2022 in a general law county shall be two years, and the next election for that office shall occur at the 2024 presidential primary election pursuant to subdivision (a).(B)A charter county may alter the length of the term of its elected officers to comply with this section.(c)For a county officer elected in 2022, a county, including a charter county, may by ordinance provide for a two-year term, in which case the next election for that office would occur at the 2024 presidential primary, or a six-year term, in which case the next election for that office would occur at the 2028 presidential primary.
(c)(d)This section shall become operative on January 1, 2023.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1st succeeding their election.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 24200 is added to the Government Code, to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the presidential general election and take office at 12 oclock noon on the first Monday after the January 1st succeeding their election.
(b)This section shall become operative on January 1, 2023.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the statewide primary at which candidates for Governor are nominated. In the event that county officers are not elected pursuant to Sections 8140 and 8141, this election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 2.Section 1300 is added to the Elections Code, to read:1300.(a)(1)Except as otherwise provided in the Government Code, an election to select county officers shall be held with the presidential primary.
(2)If county officers are not elected pursuant to Sections 8140 and 8141, the election described in paragraph (1) shall be deemed a primary election and a county general election shall be held with the presidential general election to select county officers.
(b)(1)Notwithstanding subdivision (b) of Section 1003 or any other law, this section applies to both general law and charter counties.
(2)(A)The length of the term of a county officer elected in 2022 in a general law county shall be two years, and the next election for that office shall occur at the 2024 presidential primary election pursuant to subdivision (a).
(B)A charter county may alter the length of the term of its elected officers to comply with this section.
(c)This section shall become operative on January 1, 2023.
SEC. 3.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1st succeeding their election.
(b)This section shall remain in effect only until January 1, 2023, and as of that date is repealed.
SEC. 4.Section 24200 is added to the Government Code, to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the presidential general election and take office at 12 oclock noon on the first Monday after the January 1st succeeding their election.
(b)This section shall become operative on January 1, 2023.
SEC. 5.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 1300.5 is added to the Elections Code, to read:1300.5.(a)Notwithstanding Section 1300, commencing January 1, 2024, an election for county sheriff shall be held at the presidential general election held on the first Tuesday after the first Monday in November in each even-numbered year that is evenly divisible by four.(b)(1)Notwithstanding subdivision (b) of Section 1003 or any other law, this section applies to both general law and charter counties.(2)(A)The length of the term of a sheriff elected in 2022 in a general law county shall be two years, and the next election for that office shall occur at the 2024 presidential general election.(B)A charter county may alter the length of the term of its elected sheriff to comply with this section.SEC. 2.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1st succeeding their election.(b)Notwithstanding subdivision (a), a county sheriff shall be elected at the presidential general election pursuant to Section 1300.5 of the Elections Code.SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)Notwithstanding Section 1300, commencing January 1, 2024, an election for county sheriff shall be held at the presidential general election held on the first Tuesday after the first Monday in November in each even-numbered year that is evenly divisible by four.
(b)(1)Notwithstanding subdivision (b) of Section 1003 or any other law, this section applies to both general law and charter counties.
(2)(A)The length of the term of a sheriff elected in 2022 in a general law county shall be two years, and the next election for that office shall occur at the 2024 presidential general election.
(B)A charter county may alter the length of the term of its elected sheriff to comply with this section.
SEC. 2.Section 24200 of the Government Code is amended to read:24200.(a)Except as otherwise provided, all elective county officers shall be elected at the general election at which the Governor is elected, and take office at 12 o'clock noon on the first Monday after the January 1st succeeding their election.
(b)Notwithstanding subdivision (a), a county sheriff shall be elected at the presidential general election pursuant to Section 1300.5 of the Elections Code.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
|
Status
|
|---|---|
| Sep 29, 2022 | Chaptered by Secretary of State - Chapter 743, Statutes of 2022. |
| Sep 29, 2022 | Approved by the Governor. |
| Sep 13, 2022 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 31, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 21.). |
| Aug 30, 2022 | In Assembly. Concurrence in Senate amendments pending. |
| Aug 30, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 11. Page 5241.). |
| Aug 25, 2022 | Read second time. Ordered to third reading. |
| Aug 24, 2022 | From inactive file. |
| Sep 8, 2021 | Ordered to inactive file at the request of Senator Newman. |
| Sep 8, 2021 | Withdrawn from committee. |
| Sep 8, 2021 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Sep 7, 2021 | From committee: Be re-referred to Com. on E. & C.A. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on E. & C.A. |
| Sep 7, 2021 | Re-referred to Com. on RLS pursuant to Senate Rule 29.10 (b). |
| Sep 7, 2021 | Read second time. Ordered to third reading. |
| Sep 3, 2021 | Read third time and amended. Ordered to second reading. |
| Aug 26, 2021 | From committee: Do pass. (Ayes 5. Noes 2.) (August 26). |
| Aug 23, 2021 | In committee: Referred to APPR suspense file. |
| Aug 16, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR. |
| Jul 8, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 8). Re-referred to Com. on APPR. |
| Jul 1, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F. |
| Jun 28, 2021 | From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 3. Noes 2. Page 1692.) (June 28). Re-referred to Com. on GOV. & F. |
| Jun 22, 2021 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| Jun 16, 2021 | Referred to Coms. on E. & C.A. and GOV. & F. |
| Jun 3, 2021 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 2, 2021 | Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 20. Page 1856.) |
| May 24, 2021 | Read second time. Ordered to third reading. |
| May 20, 2021 | Joint Rule 62(a), file notice suspended. (Page 1460.) |
| May 19, 2021 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 29, 2021 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 29). Re-referred to Com. on APPR. |
| Apr 22, 2021 | Re-referred to Com. on ELECTIONS. |
| Apr 21, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended. |
| Mar 18, 2021 | Re-referred to Com. on ELECTIONS. |
| Mar 17, 2021 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended. |
| Feb 25, 2021 | Referred to Com. on ELECTIONS. |
| Feb 17, 2021 | From printer. May be heard in committee March 19. |
| Feb 16, 2021 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 31, 2022 | AB 759 McCarty Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 30, 2022 | Assembly 3rd Reading AB759 McCarty et al. By Newman | Senate Floor |
Passed |
|
| Jun 2, 2021 | AB 759 McCarty Assembly Third Reading | Assembly Floor |
Passed |
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Positions by individuals are not included.
Bill Author
Bill Co-Author(s):
