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HomeMy WebLinkAboutMINUTES - 02132007 - SD.7 TO: BOARD OF SUPERVISORS Contra FROM: STEPHEN L. WEIR, Clerk-Recorder- ry . - Costa ash nl Registrar of Voters o DATE: FEBRUARY 7, 2007 '---00------ County -7 SUBJECT: CHANGES TO 2008 ELECTION PROCESS 1/ SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION RECEIVE status report on pending changes to the 2008 Elections process and DETERMINE actions to be taken. FISCAL IMPACT Passage of Senate Bill (SB) 113, which would require a second primary election in 2008, stands to cost Contra Costa County $3.5 million and $90 million for counties statewide. BACKGROUND Senate Elections Committee Chairman Ron Calderon introduced on January 22, 2007 Senate Bill (SB) 113 (attached for reference), which would require henceforth that presidential primary elections be held in F=ebruary instead of June, when it can often be consolidated with the r CONTINUED ON ATTACHMENT: ® YES SIGNATURE: /cam/ [j-RECOMMENDATION OF COUNTY ADMINISTRATOR ElRECOMME D ION OF BOARD COM iTTEE []-APPROVE ❑ OTHER SIGNATURE(S):, � ACTION OF BO ON_ T�1'3 APPROVED AS RECOMMENDED 9 OTHER ❑ AQ+pENp u M AITAe—K 6D VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT c5u1P.Cjt10I0, ,VII,:r) ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. AYES: NOES: ABSENT: ABSTAIN: ATTESTED: FEBRUARY 13, 2007 Contact: STEVE WEIR(925)646-2955 JOHN CULLEN,CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR cc: COUNTY ADMINISTRATOR CLERK-RECORDER-ELECTIONS Deputy Senate Bill 113— Bifurcated Election Process Page 2 Stephen L. Weir February 7, 2007 statewide primary election at a cost savings. The 30-day review rule was waived, and SB 113 was heard on February 7 in Senate Elections, where it passed out without amendments (note that CSAC asked that reimbursement language be added). The bill will next be heard in Senate Appropriations on Thursday, February 8th. This bill appears to have the support of Governor Schwarzenegger and the majority and minority leadership of both the Senate and the Assembly. In 2008, SB 113 would bifurcate (split off) the California Presidential Primary portion of the primary from the June 3, 2008 Election date to February 5, 2008. Only the Presidential Primary would move; the remaining contests on the ballot would be on the June 3, 2008 primary election. Passage of this bill will require Contra Costa County to conduct four elections (plus any special elections called) between November 6, 2007 and November 4, 2008 at a substantial additional cost. I, on behalf of the California Association of Clerks and Election Officials (CACEO) and Karen Keene, on behalf of the California State Association of Counties (CSAC), testified on the bill. We each stated that we are neutral on the concept, but asked that timely reimbursements be given to the counties. In addition, CACEO asked for some legislative relief on a parallel track with this bill. CACEO is preparing a timeline to demonstrate critical timelines for all four elections and to show how the additional primary election overlaps with the other established election dates. While no other statewide elections can be consolidated with the February 5, 2008 Presidential Primary, if SB 113 becomes law, February 5, 2008 becomes a legitimate election date for consolidating local measures. While it was my desire to exclude adding local measures to this election, no amendments were accepted. t BILL NUMBER: SB 113 INTRODUCED INTRODUCED BY Senators Calderon, Battin, Migden, and Oropeza JANUARY 22, 2007 An act to amend Sections 1000, 1001, 1201, and 1202 of the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 113, as introduced, Calderon. Elections: presidential primary elections. Existing law specifies that the presidential primary election be held on the first Tuesday after the first Monday in June in any year evenly divisible by the number 4. Existing law also specifies that the statewide direct primary election be held on the first Tuesday after the first Monday in June of each even-numbered year, and be consolidated with the presidential primary election in any year in which the statewide direct primary election is in a year evenly divisible by the number 4. This bill would require that the presidential primary election be held on the first Tuesday in February in any year evenly divisible by the number 4. By increasing the duties on county elections officials due to the presidential primary election in February, 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 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 Legislature finds and declares all of the following: (a) California has the largest population and largest congressional delegation of any state in the union yet California's current June presidential primary election date virtually ensures the presidential nominees for the major political parties will be determined before California voters have an opportunity to cast their ballots. (b) 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. (c) Conducting the California presidential primary election on the 1 Senate Bill 113— Bifurcated Election Process Page 4 Stephen L.Weir February 7, 2007 first Tuesday in February will encourage presidential candidates to campaign in California, and to debate and discuss issues and policies important to the people of California. (d) Conducting the California presidential primary election on the first Tuesday in February will encourage voter registration, voter interest, and voter participation in the 2008 presidential primary election and subsequent presidential primary elections in California. SEC. 2. Section 1000 of the Elections Code is amended to read: 1000. The established election dates in each year are as follows: (a) The second Tuesday of April in each even-numbered year. (b) The first Tuesday after the first Monday in March of each odd-numbered year. (c) The first Tuesday after the first Monday in June in each year. (d) The first Tuesday after the first Monday in November of each year. (e) The first Tuesday in February of each year evenly divisible by the number four. SEC. Section 1001 of the Elections Code is amended to read: 1001. Elections held in June and November of each even-numbered year and held the first Tuesday in February of each year evenly divisible by the number four are statewide elections and these dates are statewide election dates. SEC. 4. Section 1201 of the Elections Code is amended to read: 1201. 4a}- The statewide direct primary shall be held on the first Tuesday after the first Monday in June of each even-numbered year. Notwithstanding subdivision (a) in any year whinh us eveRly divisible by the number feUr statewide stateide direct primary shall he held on the fiFSt Tuesday after the fiFSt Monday in Iune and shall he nenl+/,Ildated with the presidential nrimani held in that dear SEC. 5. Section 1202 of the Elections Code is amended to read: 1202. The presidential primary shall be held on the first Tuesday afteF th . fiFSt Monday On june in February in any year evenly divisible by the number four , and shall not be consolidated with the statewide direct primary held in that year . SEC. 6. 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. ADDENDUM to SD.7 February 13, 2007 On this day, the Board of Supervisors considered accepting a status report on pending changes to the 2008 Elections process and determining actions to be taken. Stephen L. Weir, Clerk-Recorder-Registrar of Voters,presented the Board with an update on the 2008 Elections process related to the passage of Senate Bill (SB) 113. Mr. Weir noted that SB 113 has been fast tracked in the Senate, and passage of SB 113 would add another election, a second primary election to be held in February 2008 at a cost to the County of$3.5 million, money not currently in the budget. He said that as part of the California State Association of Counties (CSAC), counties are asking to be reimbursed for their costs to hold this additional election. He said CSAC is drafting language that would request that counties be paid back within 60 days of the election. Mr. Weir noted that in addition to the costs, the addition of a February 3 election would tax the staff of the Clerk-Recorder's,office and mean no vacations and mandatory overtime for his staff. He noted that a request was made of the bill's author to change the bill to treat the additional election like a special election so that local measures could not be added, but the author would not change the language of the bill. Mr. Weir said the potential addition of local measures compounds the difficulty of adding an election. Supervisor Piepho asked how much the County has been reimbursed by the State for past special elections. Mr. Weir responded that $1.3 million was received as reimbursement for the November 5, 2005 special election, but that none of the $2.1 million cost for the October 7, 2003 special election has been reimbursed. Supervisor Uilkema asked how the addition of a February Primary would impact school districts looking to consolidate. Mr. Weir responded that if February 3, 2008 becomes a regular election, any agency can consolidate. He added that were this to become the case,November 9, 2007 would be the deadline for local measures to consolidate with the February 3 election. Supervisor Uilkema requested that when final answers are known, the Supervisors be provided with an instruction sheet that gives guidelines as to how to respond to inquiries about the election changes. Mr. Weir responded, saying he will provide the Supervisors with a calendar of the critical election deadlines. By a unanimous vote of 4-0 with Supervisor Gioia, District I, absent, the Board of Supervisors took the following action: ACCEPTED status report on pending changes to the 2009 Elections process.