SB 286: Elections: Orange County Board of Education.
- Session Year: 2021-2022
- House: Senate
- Latest Version Date: 2022-06-02
Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections.
This bill would require an election for Orange County Board of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election to be consolidated with the statewide general election in November.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Board of Education.
By adding to the duties of 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.
Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections.
This bill would require an election for an office within the Orange County Department Board of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election to be consolidated with the statewide general election in November. The bill would require an election for an office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2023, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Department Board of Education.
By adding to the duties of 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.
(2)Existing law generally requires that a plurality of the votes given at any election constitutes a choice, but allows charters of cities, counties, or cities and counties to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor. Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections.
This bill would require an election for an office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election to be consolidated with the statewide general election in November. The bill would require an election for an office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2022, 2023, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election. These requirements would not apply to a charter city or charter city and county, but would apply to a charter county. By imposing new duties on local government, including county elections officials, the bill would impose a state-mandated local program.
This bill would make legislative findings and declarations as to the necessity of a special statute for the Orange County Department of Education.
(3)By adding to the duties of 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.
(1)Existing law requires a candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office to be elected to that office.
This bill would exempt from that requirement candidates for county nonpartisan offices, including a county office in a charter county, but not including a charter city and county, and would require the candidates who received the highest and second highest number of votes cast for nomination to that office to be placed on the ballot at the ensuing general election. By imposing new duties on counties, including county elections officials, the bill would impose a state-mandated local program.
(2)Existing law generally requires that a plurality of the votes given at any election constitutes a choice, but allows charters of cities, counties, or cities and counties to provide the manner in which their respective elective officers may be elected and to prescribe a higher proportion of the vote therefor. Existing law authorizes, and in some circumstances requires, a political subdivision to consolidate its elections with statewide elections.
This bill would require an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election to be consolidated with the statewide general election in November. The bill would require an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2022, consolidated with the statewide direct primary election, to instead be moved to and consolidated with the November statewide general election. These requirements would not apply to a charter city or charter city and county, but would apply to a charter county. By imposing new duties on local government, including county elections officials, the bill would impose a state-mandated local program.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
(a)Notwithstanding any other law, an election for Orange County Board of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election shall be consolidated with the statewide general election in November.
(b)As necessary, the term of office of all incumbent officers shall be extended accordingly until the successor takes office after the new election date.
SEC. 2.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing elections for the Orange County Board of Education.
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 any other law, an election for any elected office within the Orange County Department Board of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election shall be consolidated with the statewide general election in November. An election for any elected office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2023, consolidated with the statewide direct primary election, shall instead be moved to, and consolidated with, the November statewide general election.
(b)As necessary, the term of office of all incumbent officers shall be extended accordingly until the successor takes office after the new election date.
SEC. 2.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing elections for offices within the Orange County Department Board of Education.
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 any other law, an election for any elected office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election shall be consolidated with the statewide general election in November. An election for any elected office within the Orange County Department of Education that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2023, consolidated with the statewide direct primary election, shall instead be moved to, and consolidated with, the November statewide general election.
(b)As necessary, the term of office of all incumbent officers shall be extended accordingly until the successor takes office after the new election date.
SEC. 2.The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances facing elections for offices within the Orange County Department of Education.
SEC. 4.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.
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 The election shall be deemed a primary election and a county general election shall be held with the statewide general election to select county officers.
SEC. 2.Section 8140 of the Elections Code is amended to read:8140.Any (a)(1)Except as provided in subdivision (b), any candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office shall be elected to that office. Where two or more candidates are to be elected to a given office and a greater number of candidates receive a majority than the number to be elected, those candidates shall be elected who secure the highest votes of those receiving a majority, and equal in number to the number to be elected.
(2)Where a candidate has been elected to a nonpartisan office at the primary election, that office shall not appear on the ballot at the ensuing general election, notwithstanding the death, resignation, or other disqualification of the candidate at a time subsequent to the primary election.
(b)Subdivision (a) does not apply to candidates for county nonpartisan offices, including a county office in a charter county, but not including a charter city and county. The candidates for a county nonpartisan office at the ensuing general election shall be those candidates who received the highest and second highest number of votes cast for nomination to that office, as described in Section 8141.
SEC. 3.Section 10419 is added to the Elections Code, to read:10419.(a)Notwithstanding any other law, an election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is consolidated with a statewide election shall be consolidated with the statewide general election in November. An election for an office that is determined by the plurality of the votes cast for that office, with no possibility of a runoff, and is, as of January 1, 2022, consolidated with the statewide direct primary election, shall instead be moved to, and consolidated with, the November statewide general election.
(b)As necessary, the term of office of all incumbent officers shall be extended accordingly until the successor takes office after the new election date.
(c)This section does not apply to a charter city or charter city and county, but does apply to a charter county.
SEC. 4.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.
|
Date
|
Status
|
|---|---|
| Aug 11, 2022 | August 11 hearing: Held in committee and under submission. |
| Aug 3, 2022 | August 3 set for first hearing. Placed on suspense file. |
| Jun 29, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 29). Re-referred to Com. on APPR. |
| Jun 15, 2022 | From committee: Do pass and re-refer to Com. on ED. (Ayes 5. Noes 1.) (June 15). Re-referred to Com. on ED. |
| Jun 2, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS. |
| May 5, 2022 | Referred to Coms. on ELECTIONS and ED. |
| Jan 26, 2022 | In Assembly. Read first time. Held at Desk. |
| Jan 26, 2022 | Read third time. Passed. (Ayes 30. Noes 7. Page 2820.) Ordered to the Assembly. |
| Jan 20, 2022 | From committee: Do pass. (Ayes 5. Noes 2. Page 2794.) (January 20). |
| Jan 19, 2022 | Set for hearing January 20. |
| Jan 18, 2022 | January 18 hearing: Placed on APPR suspense file. |
| Jan 14, 2022 | Set for hearing January 18. |
| Jan 13, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 2761.) (January 13). Re-referred to Com. on APPR. |
| Jan 12, 2022 | From committee: Do pass and re-refer to Com. on E. & C.A. (Ayes 5. Noes 2. Page 2753.) (January 12). Re-referred to Com. on E. & C.A. |
| Jan 7, 2022 | Set for hearing January 13 in E. & C.A. pending receipt. |
| Jan 6, 2022 | Set for hearing January 12. |
| Jan 3, 2022 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A. |
| Apr 8, 2021 | April 12 set for first hearing canceled at the request of author. |
| Mar 26, 2021 | Set for hearing April 12. |
| Mar 11, 2021 | March 15 hearing postponed by committee. |
| Mar 4, 2021 | Set for hearing March 15. |
| Feb 22, 2021 | Art. IV. Sec. 8(a) of the Constitution dispensed with. |
| Feb 10, 2021 | Referred to Coms. on E. & C.A. and GOV. & F. |
| Feb 2, 2021 | From printer. May be acted upon on or after March 4. |
| Feb 1, 2021 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jan 26, 2022 | Senate 3rd Reading SB286 Min | Senate Floor |
Passed |
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.
Bill Author
Bill Co-Author(s):