Fiscal Summary

NOT SIGNIFICANT

Bill Summary

Present law establishes the methods for filling a vacancy occurs in the state senate, which vary depending on the time remaining in the term and the date of the next general election. Under present law, if such a vacancy occurs within 45 days of the next general election for legislators, the candidate receiving the highest number of write-in votes at such election shall be elected.



This bill revises the above provision for the above-described vacancies within 45 days of the next general election to instead provide the following:



(1) If the vacancy occurs within 45 days of the next general election for legislators, members of the county executive committees who represent the precincts composing such senate district may nominate a candidate to appear on the November election ballot by any method authorized under the rules of the party within 48 hours of notice of the vacancy. Persons so chosen must be certified to every county election commission wholly or partially in the district by noon prevailing time, within 48 hours of being nominated. Independent candidates must qualify by filing petitions by noon prevailing time, on the same date party candidates are being certified. This date must be published by the county election commission on its website;

(2) Any election held pursuant to (1) above will not be subject to early voting; and

(3) The county election commission must allow any person, who did vote early for the November election, to additionally cast a ballot in person on election day for any state senate election held pursuant to this bill.



ON MARCH 7, 2019, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1355, AS AMENDED.



AMENDMENT #1 revises the provisions described in (1) of the Bill Summary to instead provide that, if the vacancy occurs within 45 days of the next general election for legislators, members of the county executive committees who represent the precincts composing the senate district may nominate a candidate to appear on a separate November election ballot by any method authorized under the rules of the party within 48 hours of notice of the vacancy; provided, however, that a party must waive any notice requirement in its rules in order to meet the 48-hour deadline. Any recognized minor party that does not have a county executive committee may nominate candidates by caucus or by state executive committee. Persons so chosen must be certified to every county election commission wholly or partially in the district by noon prevailing time, within 48 hours of being nominated. Certification of the candidates to the affected county election commissions may be transmitted by email. Independent candidates must be issued nominating petitions upon notice of the vacancy and must qualify by filing petitions by 12:00 noon, prevailing time, on the same deadline for the certification of the political party candidates. The publication requirements of the qualifying deadline and of the election day sample ballot must be met by the county election commission posting the same on its website or, if the county election commission does not have or maintain a website, on the website maintained by the secretary of state. No other notices of this election will be required.

