California 2021-2022 Regular Session Status: Enacted

AB 759 — Elections: county officers.

Last action — Chaptered by Secretary of State - Chapter 743, Statutes of 2022.

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

This bill has been enacted into law. Introduced February 16, 2021. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 9 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected. This bill would require the election to select district attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney or sheriff elected in 2022. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. To the extent changing the date for election of district attorney and sheriff would impose additional duties on local elections officials, 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 the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 743, Statutes of 2022.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 48. Noes 21.).

  5. In Assembly. Concurrence in Senate amendments pending.

  6. Read third time. Passed. Ordered to the Assembly. (Ayes 21. Noes 11. Page 5241.).

  7. Read second time. Ordered to third reading.

  8. Read second time and amended. Ordered returned to second reading.

  9. Ordered to second reading.

  10. From inactive file.

  11. Ordered to inactive file at the request of Senator Newman.

  12. Ordered to second reading.

  13. Withdrawn from committee.

  14. In committee: Set, first hearing. Hearing canceled at the request of author.

  15. From committee: Be re-referred to Com. on E. & C.A. pursuant to Senate Rule 29.10. (Ayes 5. Noes 0.) Re-referred to Com. on E. & C.A.

  16. Re-referred to Com. on RLS pursuant to Senate Rule 29.10 (b).

  17. Read second time. Ordered to third reading.

  18. Read third time and amended. Ordered to second reading.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 5. Noes 2.) (August 26).

  21. In committee: Referred to APPR suspense file.

  22. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  23. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 8). Re-referred to Com. on APPR.

  24. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on GOV. & F.

  25. From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 3. Noes 2. Page 1692.) (June 28). Re-referred to Com. on GOV. & F.

  26. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

  27. Referred to Coms. on E. & C.A. and GOV. & F.

  28. In Senate. Read first time. To Com. on RLS. for assignment.

  29. Read third time. Passed. Ordered to the Senate. (Ayes 51. Noes 20. Page 1856.)

  30. Read second time. Ordered to third reading.

  31. From committee: Do pass. (Ayes 12. Noes 4.) (May 20).

  32. Joint Rule 62(a), file notice suspended. (Page 1460.)

  33. In committee: Set, first hearing. Referred to APPR. suspense file.

  34. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (April 29). Re-referred to Com. on APPR.

  35. Re-referred to Com. on ELECTIONS.

  36. From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

  37. Re-referred to Com. on ELECTIONS.

  38. From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

  39. Referred to Com. on ELECTIONS.

  40. From printer. May be heard in committee March 19.

  41. Read first time. To print.

Sponsors

  • McCarty · Primary
  • Newman · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 17 voted No

Sponsors (1)

  • McCarty

Co-sponsors (1)

  • Newman

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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

AB 759 McCarty Concurrence in Senate Amendments

Passed 48 Yea · 21 Nay · 11 Other
Party YeaNayPresentNot Voting
Democratic 26105
Unaffiliated 221205
Republican 0801
Total 4821011
% of votes cast 60%26%0%14%
How each member voted (80)
Member Party Vote
Bloom — Yea
Friedman — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Quirk — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Medina — Yea
McCarty — Yea
Voepel — Nay
Cooley — Nay
Mathis — Nay
Bigelow — Nay
Kiley — Nay
Mayes — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cunningham — Nay
Rodriguez — Not Voting
Wood — Not Voting
Cooper — Not Voting
Daly — Not Voting
O'Donnell — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Haney, Matt Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Not Voting
Quirk-Silva, Sharon Democratic Not Voting
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Not Voting
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

3rd Reading AB759 McCarty et al. By Newman

Passed 21 Yea · 11 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 13703
Democratic 8005
Republican 0400
Total 211108
% of votes cast 53%28%0%20%
How each member voted (40)
Member Party Vote
Bradford — Yea
Newman — Yea
Min — Yea
Atkins — Yea
Eggman — Yea
Kamlager — Yea
Gonzalez — Yea
Hueso — Yea
Pan — Yea
Portantino — Yea
Leyva — Yea
Wieckowski — Yea
Skinner — Yea
Wilk — Nay
Glazer — Nay
Borgeas — Nay
Nielsen — Nay
Dodd — Nay
Melendez — Nay
Bates — Nay
Hertzberg — Not Voting
Roth — Not Voting
Rubio — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Not Voting
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Not Voting
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Wieckowski — Yea
Bradford — Yea
Bates — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 759 McCarty Assembly Third Reading

Passed 51 Yea · 20 Nay · 8 Other
Party YeaNayPresentNot Voting
Democratic 24202
Unaffiliated 27806
Republican 01000
Total 512008
% of votes cast 65%25%0%10%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Wood — Yea
Nazarian — Yea
Ting — Yea
Frazier — Yea
Levine — Yea
Daly — Yea
Medina — Yea
McCarty — Yea
Burke — Yea
Chau — Yea
Voepel — Nay
Mathis — Nay
Kiley — Nay
O'Donnell — Nay
Waldron — Nay
Gray — Nay
Smith — Nay
Cunningham — Nay
Cooley — Not Voting
Mayes — Not Voting
Cooper — Not Voting
Bigelow — Not Voting
Low — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Not Voting
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 5100
Republican 0200
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Nay
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does AB 759 do?
The California Constitution requires the Legislature to provide for an elected county sheriff, elected district attorney, and elected assessor in each county. Existing law also provides that the county treasurer, clerk, auditor, tax collector, recorder, public administrator, and coroner are elective offices unless a county makes them appointive offices, as specified. Existing law generally requires the election to select county officers to be held with the statewide primary election at which candidates for Governor are nominated, but if no candidate for a county office receives a majority of the votes cast for that office at the primary election, the 2 candidates who received the most votes advance to the statewide general election at which the Governor is elected. This bill would require the election to select district attorney and sheriff to be held with the presidential primary and would require, if no candidate receives a majority of the votes cast for the office at the presidential primary, the 2 candidates who received the most votes to advance to a general election held with the presidential general election. The bill would provide for a 6-year term for a district attorney or sheriff elected in 2022. The bill would authorize a county board of supervisors to adopt an ordinance to also hold the election for other county officers with the presidential primary. To the extent changing the date for election of district attorney and sheriff would impose additional duties on local elections officials, 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 the statutory provisions noted above.
Who sponsors AB 759?
AB 759 is sponsored by McCarty and Newman.
What is the current status of AB 759?
This bill has been enacted into law. Introduced February 16, 2021. Enacted.
Where can I track AB 759?
Track AB 759 free on One Click Politics — get push/email alerts when it moves.

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