Existing law provides that for any election, except an election for Governor or Lieutenant Governor, certain special runoff elections for candidates for local office, and certain primary elections, as specified, if the election results in a tie vote for the highest number of votes, the Secretary of State must summon the candidates subject to the tie vote to the Secretary of States office at the State Capitol, where the Secretary of State must determine the tie by lot. for a referendum measure, upon receipt of a petition certified to have been signed by the requisite number of qualified voters, the Secretary of State must issue a certificate of qualification certifying that the measure, as of that date, is qualified for the ballot, must notify the proponents of the measure and the elections official of each county that the measure, as of that date, is qualified for the ballot, and must include the measure in a list of all statewide referendum measures that have qualified for the ballot, as specified.

This bill would instead require the Secretary of State to summon the candidates subject to the tie vote to the Secretary of States office. to, in the case of a referendum measure, issue a certificate of qualification certifying the measure is qualified for the ballot on the 131st day prior to the date of the election, as specified, or upon receipt of a petition certified to have been signed by the requisite number of qualified voters if fewer than 131 days remain until the election, as specified. The bill would also require the Secretary of State to notify the measures proponents and county elections officials of the measures qualification, and to publish the referendum on the list of all statewide referendum measures located on the Secretary of States website based on the aforementioned timing. If a referendum measure has been issued a certificate of qualification as of the effective date of this bill, the Secretary of State would be required to void that certificate of qualification and issue a new certificate of qualification, as specified. The bill would allow proponents of any such referendum measure to withdraw that measure, as specified, at any time between the effective date of this bill and the date on which the Secretary of State issues a new certificate of qualification, as specified.

Existing law provides that for any election, except an election for Governor or Lieutenant Governor, certain special runoff elections for candidates for local office, and certain primary elections, as specified, if the election results in a tie vote for the highest number of votes, the Secretary of State must summon the candidates subject to the tie vote to the Secretary of States office at the State Capitol, where the Secretary of State must determine the tie by lot.

This bill would instead require the Secretary of State to summon the candidates subject to the tie vote to the Secretary of States office.

 CONSENT  

Bill No: SB 821

Author: Glazer (D)

Introduced: 2/17/23

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 7-0, 4/18/23

AYES: Glazer, Nguyen, Allen, McGuire, Menjivar, Newman, Umberg

SUBJECT: Elections: Secretary of State

SOURCE: Author

DIGEST:

This bill repeals the requirement that when the Secretary of State (SOS) determines a tie vote for specified contests by lot this action must be performed at the SOS’s State Capitol office.

ANALYSIS:

Existing law:

1. Provides different methods for resolving a tie between the candidates receiving the most votes in a state or local election, which may include determining the tie by lot or holding a runoff election with the tied candidates.
2. Provides that, at an election other than a primary election and other than an election for Governor or Lieutenant Governor, if two or more persons receive an equal and highest number of votes for an office in more than one county, the SOS shall resolve the tie, except as specified.
3. Provides that if there is a tie vote for an office other than a judicial or school office to be voted on in more than one county, the SOS shall resolve the tie. Codifies this provision in an article which only applies to candidates for delegates to a national convention for the nomination of party candidates for President and Vice President of the United States and candidates for nomination at the direct primary to offices other than nonpartisan offices or voter-nominated offices.
4. Provides that, in the case of a tie described in 2) or 3), the SOS shall forthwith summon the candidates who have received the tie votes to appear before him or her at the SOS’s Office at the State Capitol at a time to be designated by him or her. The SOS shall at that time and place determine the tie by lot.

This bill eliminates the requirement that an election where the SOS must break a tie vote by lot must be performed at the SOS’s Office at the State Capitol.

Background

“State Capitol.” To the frustration of middle school test takers, “state capital” and “state capitol” are homophones, but not synonyms. The former refers to the city that serves as a state’s seat of government, whereas the latter refers to the actual building or buildings where government meets. When there is a tie between candidates in certain multi-county elections, it is not enough for the SOS to summon those candidates to California’s capital of Sacramento to break the tie: current law provides that the candidates shall meet in the SOS’s capitol office.

But which building does that refer to? According to the Merriam-Webster Dictionary, “capitol” is capable of both a narrow and broad meaning. It may mean only that specific “building in which a state legislative body meets” or, more generally, that “group of buildings in which the functions of state government are carried out.” There are no court cases exploring which meaning of “State Capitol” was intended by the Elections Code. However, other state laws, for example Penal Code Section 171f, mostly seem to adopt the narrower meaning of that “building which is intended primarily for use of the legislative department and situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento.”

Discerning between these definitions is potentially relevant because the SOS has an office in downtown Sacramento near, but not in the same building as, where the Legislature legislates. Over 100 years ago, when the statutory provisions addressing tied elections were first adopted, the SOS did share office space with the Legislature on the first floor of the historic 1874 State Capitol building, but no longer. Today, the SOS’s former office is an exhibit of the California Capitol Museum, restored to how it may have appeared in 1902. According to the Museum’s website, the SOS ceased to occupy that office in 1975.

Other SOS Offices. According to the SOS’s website, the SOS has offices in Sacramento and Los Angeles.

Comments

According to the author, SB 821 corrects an anachronism in California law requiring that, where there is a tie in certain multi-county contests, candidates appear at the Secretary of State’s “State Capitol” office to determine the tie by lot. However, no such office exists in the Capitol building. More importantly, there is simply no reason to require that Southern California candidates travel hundreds of miles to Sacramento to break a tie when the Secretary maintains a more convenient office in Los Angeles.

Related/Prior Legislation

SB 558 (Breed, Chapter 35, Statutes of 1919) required that, in the case of a tie vote for an election to be voted on in more than one county that must be determined by lot by the SOS, the SOS summon the candidates to appear at the SOS’s Office at the state capitol.

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

SUPPORT: (Verified 4/20/23)

None received

OPPOSITION: (Verified 4/20/23)

None received

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

4/21/23 15:32:06

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SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Steven Glazer, Chair

2023 - 2024 Regular

Bill No: 821 Hearing Date: 4/18/23

Subject:

DIGEST

This bill repeals the requirement that when the Secretary of State (SOS) determines a tie vote for specified contests by lot this action must be performed at the SOS’s State Capitol office.

ANALYSIS

Existing law:

1. Provides different methods for resolving a tie between the candidates receiving the most votes in a state or local election, which may include determining the tie by lot or holding a runoff election with the tied candidates.
2. Provides that, at an election other than a primary election and other than an election for Governor or Lieutenant Governor, if two or more persons receive an equal and highest number of votes for an office in more than one county, the SOS shall resolve the tie, except as specified.
3. Provides that if there is a tie vote for an office other than a judicial or school office to be voted on in more than one county, the SOS shall resolve the tie. Codifies this provision in an article which only applies to candidates for delegates to a national convention for the nomination of party candidates for President and Vice President of the United States and candidates for nomination at the direct primary to offices other than nonpartisan offices or voter-nominated offices.
4. Provides that, in the case of a tie described in 2) or 3), the SOS shall forthwith summon the candidates who have received the tie votes to appear before him or her at the SOS’s office at the State Capitol at a time to be designated by him or her. The SOS shall at that time and place determine the tie by lot.

This bill:

1. Eliminates the requirement that an election where the SOS must break a tie vote by lot must be performed at the SOS’s office at the State Capitol.

BACKGROUND

“State Capitol.” To the frustration of middle school test takers, “state capital” and “state capitol” are homophones, but not synonyms. The former refers to the city that serves as a state’s seat of government, whereas the latter refers to the actual building or buildings where government meets. When there is a tie between candidates in certain multi-county elections, it is not enough for the SOS to summon those candidates to California’s capital of Sacramento to break the tie: current law provides that the candidates shall meet in the SOS’s capitol office.

But which building does that refer to? According to the Merriam-Webster Dictionary, “capitol” is capable of both a narrow and broad meaning. It may mean only that specific “building in which a state legislative body meets” or, more generally, that “group of buildings in which the functions of state government are carried out.” There are no court cases exploring which meaning of “State Capitol” was intended by the Elections Code. However, other state laws, for example Penal Code Section 171f, mostly seem to adopt the narrower meaning of that “building which is intended primarily for use of the legislative department and situated in the area bounded by 10th, L, 15th, and N Streets in the City of Sacramento.”

Discerning between these definitions is potentially relevant because the SOS has an office in downtown Sacramento near, but not in the same building as, where the Legislature legislates. Over one hundred years ago, when the statutory provisions addressing tied elections were first adopted, the SOS did share office space with the Legislature on the first floor of the historic 1874 State Capitol building, but no longer. Today, the SOS’s former office is an exhibit of the California Capitol Museum, restored to how it may have appeared in 1902. According to the Museum’s website, the SOS ceased to occupy that office in 1975.

Other SOS Offices. According to the SOS’s website, the SOS has offices in Sacramento and Los Angeles.

COMMENTS

According to the author. SB 821 corrects an anachronism in California law requiring that, where there is a tie in certain multi-county contests, candidates appear at the Secretary of State’s “State Capitol” office to determine the tie by lot. However, no such office exists in the Capitol building. More importantly, there is simply no reason to require that Southern California candidates travel hundreds of miles to Sacramento to break a tie when the Secretary maintains a more convenient office in Los Angeles.

RELATED/PRIOR LEGISLATION

SB 558 (Breed), Chapter 35, Statutes of 1919, required that, in the case of a tie vote for an election to be voted on in more than one county that must be determined by lot by the SOS, the SOS summon the candidates to appear at the SOS’s office at the state capitol.

POSITIONS

Sponsor: Author

Support: None received

Oppose: None received

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