AMENDED IN ASSEMBLY APRIL 3, 2006
CALIFORNIA LEGISLATURE —2005–06 REGULAR SESSION
FEBRUARY 24, 2006
LEGISLATIVE COUNSEL'S DIGEST
AB 2949, as amended, Umberg Elections: presidential
(1) Existing law specifies that the presidential primary election shall be held on the first Tuesday after the first Monday in June in any year evenly divisible by the number four.
This bill would instead require the Secretary of State to select a date that results in California being the first state in the United States to hold its presidential primary, as specified. The bill would require the secretary to issue a proclamation to that effect not later than
40 75 days prior to
election, require that this election be conducted as an all-mail ballot election, and prohibit the election from including any other candidate or ballot measure or from being consolidated with any other election. By increasing the duties of local elections officials, this bill would impose a state-mandated local program.
(2) This bill would further require the Secretary of State to estimate the cost of conducting a presidential primary at least 225 days prior to the year in which the primary is to take place, and would direct that the amount formulated by the Secretary of State be appropriated to him or her from the General Fund at least 180 days prior to the year in which the primary is to be held.
(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 these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The people of the State of California hereby
find and declare:
(a) It is vital to restore to California voters the opportunity to vote in a presidential primary election that is timely and meaningful in choosing presidential candidates and their national nominating convention delegates.
(b) The purpose of this measure is to do all of the following:
(1) Ensure that no other state conducts a presidential primary on a date that is earlier than the date of the California presidential primary.
(2) Encourage presidential candidates to campaign in California and to debate and discuss issues important to the people of California.
(3) Encourage voter registration, voter interest, and voter participation in the 2008 presidential primary and subsequent presidential primaries in California.
SEC. 2. Division 6.5 (commencing with Section 6960) is added to the Elections Code, to read:
DIVISION 6.5. PRESIDENTIAL PRIMARY ELECTIONS
6960. (a) Notwithstanding any other provision of
law, for the 2008 presidential primary and every subsequent presidential
primary, the Secretary of State shall select a date that results in California
being the first state in the United States to hold its presidential primary,
provided that any date selected by the Secretary of State shall be after
January 1 of any year evenly divisible by the number four.
(b) The Secretary of State shall issue a proclamation to that effect not later than
days prior to the election.
6961. An election conducted pursuant to this division shall be conducted as an all-mail ballot election, pursuant to Division 4 (commencing with Section 4000), for purposes of which return postage shall be paid by the state.
6962. No ballot measure or any candidate for office other than an elector for a presidential candidate shall appear on the ballot in an election conducted pursuant to this division. No other election, local, consolidated or otherwise, shall be conducted on the same day as an election conducted pursuant to this division.
SEC. 3. (a) All costs to conduct a presidential primary pursuant to this act shall be funded from the State Treasury.
(b) At least 225 days prior to the year in which a presidential primary shall be held, the Secretary of State shall estimate the cost of conducting the presidential primary election, including costs for paying the postage for returned ballots, and that amount shall be appropriated from the General Fund to the Secretary of State at least 180 days prior to the year in which the presidential primary shall be held.
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.