California 2009-2010 Regular Session Status: To Executive

SB 211 — Elections: special elections.

Last action — Chaptered by Secretary of State. Chapter 306, Statutes of 2010.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing federal law requires a special election for the office of Representative in Congress whenever the Speaker of the House of Representatives announces that more than 100 vacancies exist in the United States House of Representatives. Existing federal law requires the special election to take place within 49 days of the Speaker announcing the vacancy, unless a special or regular election to fill the vacancy was previously scheduled and will take place within 75 days of the Speaker's announcement. Existing federal law requires state elections officials, to the extent practicable, to transmit absentee ballots for the special election to uniformed services voters and overseas voters within 15 days of the Speaker's announcement. Those ballots must be returned to the appropriate elections official within 45 days of transmittal of the ballots by the elections official in order to be counted. Existing California law requires the Governor to issue a proclamation calling a special election for the office of Representative in Congress within 7 calendar days of a catastrophe, which is defined as an event that causes the vacancy of at least 14 of the total number of offices in the United States House of Representatives, including any number of the offices representing California, or at least 14 of the total number of offices representing California. Existing California law requires that the special election occur at least 56 days, but not more than 63 days, following the issuance of the Governor's proclamation. Existing law requires the ballots of uniformed services and overseas voters to be returned to the appropriate elections official by 8 p.m. on the day of a federal election in order to be counted. This bill would conform California law to federal law. The bill would require the Governor to call a special election for the office of Representative in Congress whenever vacancies exist in the United States House of Representatives totaling at least 101 in number, at least one of which represents California. The bill would require that the special election take place not later than 49 days after the announcement of the vacancy by the Speaker of the House of Representatives or the Governor calling the special election, unless a special or regular election to fill the vacancy was previously scheduled and will take place within 75 days of the Speaker's announcement. The bill would require elections officials, to the greatest extent practicable, to deliver the ballots of military services and overseas voters not later than 15 days after the Speaker's announcement of the vacancy. This bill would require that the ballots of uniformed services and overseas voters for the special election be returned to the appropriate elections officials within 45 days of the transmittal of the ballots by the elections officials in order to be counted. The bill would permit, with authorization from the Secretary of State, the extension of canvassing, election announcement, and election certification deadlines for the special election in order to facilitate the tabulation and processing of uniformed services and overseas voter ballots. Because the bill would require a higher level of service from local elections officials, it 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 306, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11:45 a.m.

  4. Senate concurs in Assembly amendments. (Ayes 34. Noes 0. Page 4907.) To enrollment.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 0. Page 4742.)

  6. From committee: Be re-referred to Com. on E., R., & C.A. pursuant to Senate Rule 29.10. (Ayes 4. Noes 0. Page 4565.) Re-referred to Com. on E., R., & C.A.

  7. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  8. In Senate. To unfinished business.

  9. Read third time. Passed. (Ayes 76. Noes 0. Page 6292.) To Senate.

  10. Read second time. To third reading.

  11. (Heard in committee on August 12.)

  12. From committee: Do pass. (Ayes 17. Noes 0.)

  13. Set, first hearing. Referred to APPR. suspense file.

  14. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

  15. (Heard in committee on July 1.)

  16. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 6. Noes 0.) Re-referred to Com. on APPR.

  17. Re-referred to Com. On E. & R. pursuant to Assembly Rule 77.2.

  18. Read third time. Amended. (Ayes 50. Noes 25. Page 5812.)

  19. From inactive file to third reading file.

  20. Notice of motion to remove from inactive file given by Assembly Member Charles Calderon.

  21. Placed on inactive file on request of Assembly Member Torrico.

  22. Read third time. Amended. (Page 3036.) To third reading.

  23. Read second time. To third reading.

  24. (Heard in committee on July 8.)

  25. From committee: Do pass. (Ayes 5. Noes 2.)

  26. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. GOV.

  27. Hearing postponed by committee.

  28. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. GOV.

  29. To Com. on L. GOV.

  30. In Assembly. Read first time. Held at Desk.

  31. Read third time. Passed. (Ayes 31. Noes 4. Page 518.) To Assembly.

  32. Read second time. Amended. To third reading.

  33. From committee: Do pass as amended. (Ayes 4. Noes 1. Page 397.)

  34. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on L. GOV.

  35. Set for hearing April 1.

  36. To Com. on L. GOV.

  37. From print. May be acted upon on or after March 26.

  38. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Simitian · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • Simitian

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB211 Simitian

Passed 35 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 32005
Democratic 2000
Republican 1000
Total 35005
% of votes cast 88%0%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Cedillo — Yea
Hancock — Yea
Harman — Not Voting
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Not Voting
Huff — Yea
Kehoe — Yea
Leno — Yea
Liu — Yea
McLeod — Yea
Oropeza — Not Voting
Ashburn — Yea
Cogdill — Yea
Ducheny — Yea
Dutton — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Alquist — Yea
Blakeslee — Yea
Wright — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 211 Simitian Senate Third Reading By FONG

Passed 87 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 82003
Democratic 2001
Republican 3000
Total 87004
% of votes cast 96%0%0%4%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Adams — Yea
Ammiano — Yea
Anderson — Yea
Bass — Yea
Beall — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Furutani — Yea
Garrick — Yea
Gilmore — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
Huffman — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Skinner — Yea
Solorio — Yea
Swanson — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Blakeslee — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Not Voting
Hill — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Nava — Yea
Nielsen — Yea
Smyth — Yea
Torrico — Yea
Coto — Yea
Eng — Yea
Evans — Yea
Davis — Yea
DeVore — Yea
Yamada — Yea
Galgiani — Yea
Gatto — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 18 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 18000
Total 18000
% of votes cast 100%0%0%0%
How each member voted (18)
Member Party Vote
Conway — Yea
Gatto — Yea
Hall — Yea
Harkey — Yea
Huffman — Yea
De — Yea
Leon — Yea
Miller — Yea
Nielsen — Yea
Norby — Yea
Skinner — Yea
Solorio — Yea
Torrico — Yea
Bradford — Yea
Torlakson — Yea
Coto — Yea
Davis — Yea
Fuentes — Yea

Official roll call →

SB 211 Simitian Senate Third Reading By FONG Amend By FONG Set #1

Passed 59 Yea · 27 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 552505
Democratic 3000
Republican 1200
Total 592705
% of votes cast 65%30%0%5%
How each member voted (91)
Member Party Vote
Evans — Yea
Carter — Yea
Chesbro — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Hall — Yea
Hayashi — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Beall — Yea
Coto — Yea
Davis — Yea
Hill — Yea
Huber — Yea
Ma — Yea
Mendoza — Yea
Monning — Yea
Nava — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Fletcher — Nay
Yamada — Yea
Audra — Nay
Tom — Not Voting
Fuller — Not Voting
Garrick — Nay
Hagman — Nay
Cook — Nay
Harkey — Nay
Jeffries — Nay
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Miller — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Ruskin — Yea
Skinner — Yea
Smyth — Nay
Solorio — Yea
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Ammiano — Yea
Bass — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Yea
Huffman — Yea
Knight — Nay
Lieu — Yea
Logue — Nay
Silva — Nay
Torlakson — Yea
Tran — Nay
Conway — Not Voting
Eng — Yea
DeVore — Nay
Furutani — Yea
Gatto — Yea
Gilmore — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Not Voting
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 7 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 5200
Total 7200
% of votes cast 78%22%0%0%
How each member voted (9)
Member Party Vote
De — Yea
La — Yea
Torre — Yea
Duvall — Nay
Knight — Nay
Skinner — Yea
Davis — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea

Official roll call →

Senate 3rd Reading SB211 Simitian

Passed 31 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 28404
Democratic 2001
Republican 1000
Total 31405
% of votes cast 78%10%0%13%
How each member voted (40)
Member Party Vote
Yee — Yea
Alquist — Yea
Florez — Yea
Wyland — Yea
Runner — Yea
Hancock — Yea
Harman — Yea
Negrete — Not Voting
Cedillo — Not Voting
Cogdill — Yea
Huff — Nay
Kehoe — Yea
Liu — Yea
McLeod — Not Voting
Oropeza — Not Voting
Romero — Yea
Simitian — Yea
Walters — Nay
Wiggins — Yea
Wolk — Yea
Corbett — Yea
Correa — Yea
Ducheny — Yea
Dutton — Yea
Aanestad — Yea
Ashburn — Yea
Benoit — Yea
Hollingsworth — Nay
Leno — Yea
Maldonado — Yea
Pavley — Yea
Steinberg — Yea
Wright — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Nay
Calderon, Lisa Democratic Not Voting
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 4 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Total 4100
% of votes cast 80%20%0%0%
How each member voted (5)
Member Party Vote
Kehoe — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Nay
Cox — Yea

Official roll call →

Subjects

elections
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 211 do?
Existing federal law requires a special election for the office of Representative in Congress whenever the Speaker of the House of Representatives announces that more than 100 vacancies exist in the United States House of Representatives. Existing federal law requires the special election to take place within 49 days of the Speaker announcing the vacancy, unless a special or regular election to fill the vacancy was previously scheduled and will take place within 75 days of the Speaker's announcement. Existing federal law requires state elections officials, to the extent practicable, to transmit absentee ballots for the special election to uniformed services voters and overseas voters within 15 days of the Speaker's announcement. Those ballots must be returned to the appropriate elections official within 45 days of transmittal of the ballots by the elections official in order to be counted. Existing California law requires the Governor to issue a proclamation calling a special election for the office of Representative in Congress within 7 calendar days of a catastrophe, which is defined as an event that causes the vacancy of at least 14 of the total number of offices in the United States House of Representatives, including any number of the offices representing California, or at least 14 of the total number of offices representing California. Existing California law requires that the special election occur at least 56 days, but not more than 63 days, following the issuance of the Governor's proclamation. Existing law requires the ballots of uniformed services and overseas voters to be returned to the appropriate elections official by 8 p.m. on the day of a federal election in order to be counted. This bill would conform California law to federal law. The bill would require the Governor to call a special election for the office of Representative in Congress whenever vacancies exist in the United States House of Representatives totaling at least 101 in number, at least one of which represents California. The bill would require that the special election take place not later than 49 days after the announcement of the vacancy by the Speaker of the House of Representatives or the Governor calling the special election, unless a special or regular election to fill the vacancy was previously scheduled and will take place within 75 days of the Speaker's announcement. The bill would require elections officials, to the greatest extent practicable, to deliver the ballots of military services and overseas voters not later than 15 days after the Speaker's announcement of the vacancy. This bill would require that the ballots of uniformed services and overseas voters for the special election be returned to the appropriate elections officials within 45 days of the transmittal of the ballots by the elections officials in order to be counted. The bill would permit, with authorization from the Secretary of State, the extension of canvassing, election announcement, and election certification deadlines for the special election in order to facilitate the tabulation and processing of uniformed services and overseas voter ballots. Because the bill would require a higher level of service from local elections officials, it 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.
Who sponsors SB 211?
SB 211 is sponsored by Simitian.
What is the current status of SB 211?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 211?
Track SB 211 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 211

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 211

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →