BILL NUMBER: AB 1039	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hancock

                        FEBRUARY 20, 2003

   An act to add Section 10105 to the Elections Code, relating to
municipal elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1039, as introduced, Hancock.  Municipal elections:  voting
methods.
   Existing law  provides procedures for the nomination of candidates
for elective offices in general law cities.  It specifies the
procedures for the conduct of the election, the canvass of ballots,
and certification of persons elected to office.  Related provisions
require the holding of a runoff election if no candidate has been
elected at the municipal election.  It provides that a vacancy in an
elective office may be filled by appointment, at a special election,
or at the next regular municipal election, as specified.
   This bill would provide that, notwithstanding any provision of
law, a city may elect officers or fill vacancies in elective offices
by means of a method of cumulative voting, limited voting, choice
voting, or instant runoff voting. It would require the Secretary of
State to adopt regulations for the conduct of elections and the
counting of ballots by each of these voting methods.  It would permit
a voting method authorized by this bill to be enacted by ordinance
enacted by any of three specified ways.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 10105 is added to the Elections Code, to read:

   10105.  Notwithstanding any provision of law, a city may elect
officers or fill vacancies in elective offices by means of a method
of cumulative voting, limited voting, choice voting, or instant
runoff voting.  The Secretary of State shall adopt regulations for
the conduct of elections and the counting of ballots by each of these
voting methods.  A voting method authorized by this section may be
enacted by any of the following ways:
   (a) By ordinance enacted by the legislative body of the city.
   (b) By approval of a proposition submitted to the voters at any
general or special election, without a petition therefor, by the
legislative body of the city.
   (c) By initiative ordinance adopted pursuant to Chapter 3
(commencing with Section 9200) of Division 9.