ACR 3: Writ of election.

This measure would urge Governor Gavin Newsom to issue a writ of election at the first possible opportunity to fill the United States Senate seat expected to be vacant once Senator Kamala Harris resigns to become Vice President of the United States.

WHEREAS, Californias junior United States Senator, Kamala Harris, is expected to resign her seat to become Vice President of the United States; and

WHEREAS, The Seventeenth Amendment to the United States Constitution establishes that United States Senators must be elected by the people; and

WHEREAS, The Seventeenth Amendment further provides that when Senators vacate their seats in the middle of a term, Governors shall issue writs of election to fill such vacancies; and

WHEREAS, The Seventeenth Amendment requires that any gubernatorial appointment to a vacant United States Senate seat be temporary; and

WHEREAS, The term for the Senate seat currently held by Senator Harris expires on January 3, 2023; and

WHEREAS, In Judge v. Quinn, (7th Cir. 2010) 612 F.3d 537, the court held in similar circumstances that the occurrence of the election for a new six-year Senate term at the ensuing general election did not satisfy the Seventeenth Amendments requirement to fill a United States Senate vacancy by issuing a writ of election; and

WHEREAS, California Elections Code section 10720 gives the Governor authority to make an appointment when a Senate seat becomes vacant and to set a special election whose winner succeeds any appointee; and

WHEREAS, the Legislature appropriated $111 million for voter education and outreach in connection with the 2020 general election, demonstrating a strong commitment to enabling Californians to exercise their right to vote; and

WHEREAS, California law contains a framework for filling legislative vacancies, with Elections Code section 10703(a) providing that a special election to fill a vacancy in the office of Representative in Congress, State Senator, or Member of the Assembly shall be conducted on a Tuesday at least 126 days, but not more than 140 days, following the issuance of an election proclamation by the Governor; now, therefore, be it

Resolved by the Assembly of the State of California, the Senate thereof concurring, That the Legislature urges Governor Gavin Newsom to fulfill his constitutional duty to issue a writ of election for the expected United States Senate vacancy at the first possible opportunity so that California can have elected representation in the Senate as quickly as practicable; and be it further

Resolved, That the Chief Clerk of the Assembly transmit copies of this resolution to the Governor of California.