HomeMy WebLinkAbout19 AB 2196 08-01-94NO. 19
8-1-94
DATE: July 18, 1994
Inter-Corn
TO:
FROM:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CITY ATTORNEY
AB 2196 OPTIONS ON MUNICIPAL ELECTION DATES
At an earlier City Council meeting, Councitmember Thomas
expressed an interest in agendizing a potential change in municipal
election dates as authorized by AB 2196. Since then Mayor Pro Tem
Ports has asked us to provide an opinion on the City Council's
options under AB 2196.
Backqround
Under the law in effect prior to January 1, 1994, the City
Council had the following options for holding the General Municipal
Election:
1. Second Tuesday in April of even-numbered
years.
2. Date of statewide direct primary election,
which is in June of even-numbered years.
Date of statewide general election, which is
in November of even-numbered years.
Date of school district elections, which is in
November of odd-numbered years.
The City's current ordinance provides for a General Municipal
Election to be held in April of even-numbered years. The next
election is in April of 1996.
Additional oDtions under AB 2196
AB 2196 allows, but does not require, a city council to move
the date of its General Municipal Election from the second Tuesday
in April of even-numbered years to the first Tuesday after the
first Monday of March in odd-numbered years. However, the city
council may not do this if the effect of the ordinance would be to
increase or decrease anyone's term of office by more than twelve
(12) months. If the City Council enacts such an ordinance, mailed
notice must be provided to all registered voters informing them of
Honorable Mayor and Members of the City Council
July 18, 1994
Page -2-
the change in election date, and that councilmembers' terms will be
changed as a result. Finally, if the date of the municipal
election is changed, as permitted by AB 2196, at least one election
must be held in accordance with the new election date before the
ordinance may be subsequently repealed or amended.
AB 2196 offers yet another option, which is to hold the
General Municipal Election in March of 1996. As you know, the
City's General Municipal Election may be held on the same day as
the statewide direct primary election. (Government Code Section
36503.5) AB 2196 changed the date of the statewide direct primary
in 1996. Instead of being held on the first Tuesday after the
first Monday in June of 1996, the statewide direct primary will be
held on the fourth Tuesday in March and consolidated with the
presidential primary. Accordingly, the City Council could enact an
ordinance requiring that its next General Municipal Election be
held on the same day as the statewide direct primary, which in 1996
would be the fourth Tuesday in March.
The provisions changing the date of the statewide direct
primary to coincide with the new date of the presidential primary
will sunset on January 1, 1998, unless the Legislature enacts
another statute which deletes the sunset provision or extends the
sunset date. Accordingly, if the City Council changed its General
Municipal Election to the statewide direct primary date, it is
possible that the March election date permitted in 1996 will be
discontinued thereafter, and in 1998 the statewide direct primary
would be held as before, in June.
In summary, the additional options offered by AB 2196 and the
effect of those options are as follows:
Move the date of the City's General Municipal
Election to the first Tuesday after the first
Monday in March of odd-numbered years. If the
Council adopts such an ordinance, the next
General Municipal Election would be held in
March of 1997, and those councilmembers whose
terms of office would ordinarily expire in
April of 1996, would have their terms of
office extended by approximately eleven (11)
months to March of 1997. (Note: A March 1995
election date would not be feasible because it
would shorten existing councilmember terms by
more than twelve (12) months.)
C
Honorable Mayor and Members of the City Council
July 18, 1994
Page -3-
o
Move the date of the City's General Municipal
Election to the date of the statewide direct
primary, which in 1996 will be held in March.
This will have the effect of shortening terms
of office that would otherwise expire in April
of 1996, by approximately two weeks.
We have enclosed a copy of pertinent portions of AB 2196.
Lois E.
L~3:cas :D: 07/18/94: (T38)
Enclosures
Cc: William A. Huston, City Manager
Opinion File
C
1993-1994 REGULAR SESSION Ch. 828, § 2.5
IApproved by Governor October 5, 1993.]
[Filed ~ith Secretary of S~te October 5. 1993.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2196, Costa. Presidential primary.
Existing law provides that the statewide direct primary election shall be held on the
Tuesday after the 1st Monday in June of each even-numbered year. It requires that the
presidential primary, held in any year which is evenly divisible by the number 4, be
consolidated with the direct primary.
This bill would instead require that the presidential primary be held on the 4th Tuesday in
March in any year which is evenly divisible by the number 4. It would also require that, in
any year which is evenly divisible by the number 4, the statewide direct primary be held on
the 4th Tuesday in March and that it be consolidated with the presidential primary held that
year.
Existing law requires that a general municipal election be held on the 2nd Tuesday in Apri~
of evea-numbered years, except as otherwise authorized under specific provisions of law.
This bill would, alternatively, authorize a general municipal election to be held on the first
Tuesday after the first Mondayin March of edd-numbered years, lt would require that ff an
election is held in March of an odd-numbered year pursuant to this bill, no term of office shall
be increased or decreased by more than 12 months, as specified.
This bill would also make various changes in deadlines for duties to be performed by
c~ndidates, county clerks, and the Secretary of State, necessitated by the change in those
dates.
This bill would provide that, if SB 535 is ehaptered and takes effect, any sections of SB 535
that repeal Sections 6264 and 6363 of the Elections Code shall prevail over changes to those
sections by this bill, and the changes by this bill shall not become operative.
This bill would further provide that, flAB 1173 is chaptered and takes effect, any section of
AB 1173 that amends Section 6342 of the Elections Code shall prevail over changes to that
section by this bill, and the changes by this bill shall not become operativ~
The provisions of this bill, except the provisions governing general municipal elections,
weald remain in effect only until January 1, 1998, and as of that date are repealed, unless a
hter enacted statute, which is enacted before January 1, 1998, deletes or ex~ends that date.
The people of the State of California do ena~ as follows:
SECTION 1. The Legislature finds and declares that in order to improve public confi-
dence in government at the local, state, and federal levels, every effort must be made to
arrest the significant decline in voter participation th'at ha~ occurred in the p~t decade, and
that holding both the presidential primary and the direct primary elections the came day will
help to maximize voter participation in the electoral process and increase public confidence in
these various levels of government.
· By moving the California presidential primary election date to the fourth Tuesday in March
pursuant to this act, it is the intent of the Legislature to encourage the Congress and the
m,t~or political parties to devise and implement a regional presidential primary system for the
western states.
SEC. 2. Section 22 of the E]octions Code is amended to read:
22. "Pre-~identia] pr/mary" is the primary election that ia * * * held on the fourth
Tuesday in March in any year which is evenly divisible by the number four, and at which
delegations to national party conventions are to be chosen.
This section shali remain in effect only until January. 1, 1998, and as of that date is
repealed, unless a later enacted statute~ which is enacted before January, 1~ 1998, deletes or
extends that date.
· SEC. 2.5. Section 22 is added to the Elections Code. to read:
Additions or changes indicated by I~nderline; deletions by asterisks ' ' ° 3641
STATUTES OF 1993
~t is consolidated with the direct
umber 4, and at which delegations
to rezd:
the first Tuesday after the first
~ fourth Tuesday in March in any
inate candidates to be voted for at
-ty central committee.
/ 1, 1998~ and as of that date is
before January 1, 1998, deletes or
m read:
mt is consolidated with the direct
number 4, and at which delegations
ed to read:
~re as follows:
n of each odd-numbered year.
evenly divisible by the number four.
)f each year.
nber of each year.
cv L 1998. and as of that date is
i' before January. 1, 1998, deletes or
~d in each year as follows:
-ed year.
.iarch of each odd-numbered year.
of each year.
mber of each year.
.)8.
ded to read:
~ven-numbered year, and in March of
statewide elections and these date~
ary 1~ 1998, and as of that date ~
!d before January 1, 1998, deletes or
~de, to read:
each even-numbered year shall be
statewide election dates.
.d to read:
d on the first q~uesday after the fu-~t
1993-1994 REGULAR SESSION
Ch. 828, § 8
(b) Notwithstanding subdivision (a). in any year which is evenly divisible by the number
four, the statewide direct primary shall be held on the fourth Tuesday in March and shall be
consolidated with the presidential prima~ held in that year.
This section shall remain in effect only until January 1, 1998, and as of that date is
repealed, unless a later enacted statute, which is enacted before January 1, 1998, deletes or
extends that date.
SEC. 6.5. Section 2551 is added to the Elections Code, to read:
2551. The statewide direct primary shall be held on the first Tuesday after the fn-st
Monday in June in each even-numbered year.
This section shall become operative on January 1, 1998.
SEC. 7. Section 2552 of the Elections Code is amended to read:
2552. The presidential primary shall be * * * held · * * on the fourth Tuesday in March
any year evenly divisible by the ' · * number four.
This section shall remain in effect only until January 1, 1998, and as of that date is
_repealed, unless a later enacted statute, which is enacted before January 1. 1998. deletes or
extends that date.
SEC. 7.3. Section 0552 is added to the Elections Code, to read:
2552. The presidential primary shall be consolidated with the statewide direct primary
held in any year evenly divisible by the whole number four. This section shall become operative on January 1, 1998.
SEC. 7.5. Section 2601 of the Elections Code is amended to read:
2601. (a) Except as provided in Sections 35443, 36503.5, and 36504 of the Government
Code, a g-~eral municipal election shall be held on the second Tuesday in April of even-
numbered years, or on the first Tuesday after the first Monday in March of odd-numbered
~e~rs.
(b) A city council may enact an ordinance to move the date of its general municipal election
from the second Tuesday in April of even-numbered years to the first Tuesday after the Fo'st
~donday in March of odd-numbered )'ears.
(c) As the result of the adoption of an ordinance pursuant to this section, no term of office
sh~ll be increased or decressed by more than 12 months~ As used in this subdivision~ ~12
~m~onths" means the period between the day upon which the term of office otherwise would
~a~ve commenced and the fo'st Tuesday after the first Monday in March of the odd-numbered
~ in which the election is held. inclusive.
(d) If an election is held pursuant to subdivision (al and the election is consolidated with
er election. Part 2.5 (commencing with Section 23300) of Division 14~ except Section
shall govern the consolidation and~ if the county clerk is requested to conduct the
al eiection. Section 22003 shall be apphcab e to that election.
(el Within 30 days after the ordinance becomes operative pursuant to subdivision (al, the
~erk shall cause a notice to be mai~ed to all registered voters informing the voters of the
ch~.~ in the election date. The notice shall also inform the voters that as a result in the
~e in election date, elected city officeholders' terms in office will be chan~ed.
(~If a city adonis an ordinance oursuant to subdivision (a)~ the municipal election followin~
~tion of th~ crdinance and ~ach municipal election thereafter shall be conducted on the
~a~ec~od bv the city council in accordance with subdivision (al, unless the ordinance in
~ is inte~ reoea ed by the city council.
O.~_If the date of a general municipal election is changod pursuant to this section, at least
o~e.~elect~oo shall be h~ld before the ordinance may be subsequently repeated or amended.
SEC. 8. Section 6005 of the Elections Code is amended to read:
6005. The chairperson of the stato central committee shall notify the Secretary of State on
or before the * ' * 120th day preceding the presidential primary as to the number of
delegates tn represent the state in the next national coovention of his or her I~rty.
~ditions or changes indicated by underline: deletions by astsris~ ' ' ' 3643
C
Honorable Mayor and Members of the City Council
July 18, 1994
Page -3-
o
Move the date of the City's General Municipal
Election to the date of the statewide direct
primary, which in 1996 will be held in March.
This will have the effect of shortening terms
of office that would otherwise expire in April
of 1996, by approximately two weeks.
We have enclosed a copy of pertinent portions of AB 2196.
LEJ:cas :D~07/18/94: (T38)
Enclosures
cc: William A. Huston, City Manager
Opinion File
1993-1994 REGULAR SE~ION
Ch. 828, § 2.5
[Approved by Governor OcLober 5. 1993.]
[Filed v~th Secretary of SLate October 5. 1993.]
LEGISLATIVE COUNSEL'S DIGEST
AB 2196, Cost.~ Presidential primaW.
Existing ]aw provides that the statewide direct primary e]ection shall he held on the ]st
Tuesday after the 1st Monday in dune of each even-numbered year. It requires that the
presidential primary, held in any year which is evenly divisible by the number 4, be
consolidated with the direct primary.
This bill would instead require that the presidential primary be held on the 4th Tuesday in
March in any year which is evenly divisible by the number 4. It would also require that, in
~ny year which is evenly divisible by the number 4, the statewide direct primary be held on
the 4th Tuesday in March and that it be consolidated with the presidential primary held that
year.
Existing taw requires that a general municipal election be held on the 2nd Tuesday in April
of even-numbered years, except as otherwise authorized under specific previsions of law.
This bill would, alternatively, authorize a general municipal election to be held on the first
Tuesday after the first Monday in March of odd-numbered year~ It would require that if an
election is held in March of an odd-numbered year pursuant to this bill, no term of office shall
be increased or decreased by more than 12 months, as specified.
This bill would also make various changes in deadlines for duties to be performed by
candidates, county clerks, and the Secretary of State, necessitated by the change in those
dates.
This bill would provide that, if SB 535 is ehaptered and takes effect, any sections of SB 535
that repeal Sections 6264 and 6363 of the Elections Code shall prevail over changes to those
~e~fions by this bill, and the changes by this bill shall not become operative.
This bill would further provide that, if AB 1173 is ehaptered and takes effect, any section of
AB 1173 that amends Section 6342 of the Elections Code shall prevail over changes te that
section by this bill, and the changes by this bill shall not become operative.
The previsions of this bill, except the provisions governing general municipal elections,
would remain in effect only until January 1, 1998, and as of that date are repealed, unless a
later enacted statute, which is enacted before January 1, 1998, deletes or ex'tends that date.
Tke people of th~ State of Celifornie do enact o~ follows:
SECTION 1. The Legislature fads and declares that in order to improve public confi-
dence in government at the local, state, and federal levels, every effort must be made to
~rrsst the signifieent decline in voter partieipatinn th'at has occurred in the past decade, and
that holding both the presidential primary and the direct primary elections the same day will
help to maximize voter participation in the electoral process and increase public confidence in
these various levels of government.
. By moving the California presidential primary election date to the fourth Tuesday in March
pursuant to this act, it is the intent of the Legislature to encourage the Congress and the
major political parties to devise and implement a regional presidential primary system for the
western states.
SEC. ~ Section 22 of the Elections Code is amended to read:
· 99 "Presidential primary" is the primary election that is ' ' ' held on the fourth
Tuesday in March in any year which is evenly divisible by the number four,~
delegations to national party eonventinns are to be chosen.
This section shall remain in effect only until January, 1, 1998, and as of that date is
repealed~ unless a later enacted s-atute, which is enaet~l before January 1. 1998, deletes or
extends that date.
' SEC. 2.5. Section 22 is added to the Elections Code, to read:
Additions or changes indicated by underline; deletions by asterisks ' ' ' 3641
STATUTES OF 1993
~t is consolidated with the direct
umber 4, and at which delegations
;o read:
the frost Tuesday after the first
~ fourth Tuesday in March i~ an~
mate candidates to be voted for at
'fy central committee.
: 1, 1998, and as of that date is
before January 1. 1998, deletes or
to read:
mt is consolidated with the direct
number 4, and at which delegations
ed to read:
tre as follows:
h of each odd-numbered year.
evenly divisible by the number four.
~f each year.
nber of each year.
rv 1. 1998, and as of that date is
t before January 1, 1998, deletes or
lc, to read:
~d in each year as follows:
-ed year.
larch of each odd-numbered year.
of each year.
tuber of each year.
)8.
ded to read:
~vea-numbered yearI and in March
statewide elections and these dates
ary 1, 1998, and as of that date is
~d before January 1, 1998, detetes pr
)de, to read:
each even-numbered year shali be
statewide election dates.
.'d to read:
d on the first Tuesday after the first
1993-1994 REGULAR SESSION
Ch. 828, § 8
(b) Notwithstanding subdivision (a). in any year which is evenly divisible by the number
four, the statewide direct primary shall be held on the fourth Tuesday in March and shall be
consolidated with the presidential primary, held in that year.
This section shall remain in effect only until January 1, 1998, and as of that date is
repealed, unless a later enacted statute, which is enacted before January 1, 1998, deletes or
extends that date.
SEC. 6.5. Section 2551 is added to the Elections Code, to read:
2551. The statewide direct primary shall be held on the first Tuesday after the first
Monday in June in each even-numbered year.
This section shall become operative on January 1, 1998.
SEC. 7. Section 2552 of the Elections Code is amended to read:
2552. The presidential primary shall be * * * held ' ' · on the fourth Tuesday in March
any year evenly divisible by the ' * * number four.
This section shall remain in effect only until January 1, 1998. and as of that date is
repealed, unless a later enacted statute, which is enacted before January 1, 1998, deletes or
extends that date.
SEC. 7.3. Section 2552 is added to the Elections Code, to read:
2552. The presidential primary shall be consolidated with the statewide direct primary
held in any year evenly divisible by the whole number four. This section shall become operative on January 1, 1998.
SEC. 7.5. Section 2601 of the Elections Code is amended to read:
2601. (a) Except as provided in Sections 35443, 36503.5, and 36504 of the Government
C~de, a g~eral municipal election shall be held on the second Tuesday in April of even-
numbered years, or on the first Tuesday after the first Monday in March of odd-numbered
(b) A city council may enact an ordinance to move the date of its general municipal election
fr~m the second Tuesday in April of even-numbered years to the first Tuesday after the first
,~oonday in March of odd-numbered years.
(c) As the result of the adoption of an ordinance pursuant to this section, no term of office
shall be increased or decreased by more than 12 months. As used m thru sub& lmon~
m--'~tnths" means the veriod between the day upon which the term of office otherwise would
a~h~eve commenced an(~ the first Tuesday afte~- the first Monday in March of the edd-numbered
v~.Y~L~r in which the election is held, inclusive.
(d) If an election is held pursuant to subdivision (a) and the election is consolidated with
annoyer election~ Part 2.5 (commencing with Section 23300) of Division 14~ except Section
~ shall govern the consolidation, and, if the county clerk is requested to conduct the
~al election, Section 22003 shall be applicable to that election.
· (e).~Within 30 days after the ordinance becomes operative pursuant to subdivision (a), the
!rk shall cause a notice to be mailed to all registered voters informing the voters of the
in the election date. The notice shall als? inform the voters that as a result in the
in election date, elected city officeholders terms in office will be changed.
(fl If a city adopts an ordinance pursuant to subdivision (a)~ the municipal election following
~tion"of the ordinance and each municipal election thereafter shall be conducted on the
~ate. qa~-~ecified by the city council, in accordance with subdivision (a), unless the ordinance in
~..~.~gotion is later repealed by the city council.
O.~_If the date of a general municipal election is changed pursuant to this section, at least
°ne.~election shall be held before the ordinance may be subsequently repealed or amended.
SEC. 8. Section 6005 of the Elections Code ia amended to read:
6005. The chairperson of the state central committee shall notify the Secretary of State on
or before the * ' ' 120th day preceding the presidential primary as to the number of
delegates to represent the state in the next national convention of his or her party,
Additions or ChanQes indicated by underline; deletions by asterisks ' ' ' 3643