SB 1630

Present law authorizes a municipality to have their elections coincide with August or November general elections, or the dates of an election for the legislative body of a municipality can vary depending on a variety of factors, such as population records from different federal censuses. This bill eliminates the variation in dates and times for municipal elections and , instead, requires each municipality to change the date of its municipal elections to coincide with the August primary or November general election. This bill requires t he ordinance changing the election date to provide for the extension of the terms of members of the legislative body of the municipality necessary to meet the election date . However, a term m ust not be extended for more than two years beyond its regular expiration date. When the dates of a municipality's elections are changed, the presiding officer of the legislative body must file a certified copy of the ordinance with the state coordinator of elections. This bill clarifies that its provisions do not remove any incumbent from office or abridge the term of any incumbent prior to the end of the term for which an elected official was elected. ELECTIONS TO ADOPT A CHARTER This bill provides that f or elections to adopt a charter, i f th e petition is sufficient to call for an election on the issue of incorporation, the county election commission must hold an election, providing options to vote FOR or AGAINST the incorporation of the new charter , at the next election, meaning the next general election for which membership in a political party in order to participate therein is not required . This bill authorizes t he petition to be withdrawn or amended to call for a smaller territory for the proposed municipal corporation so long as all of the proposed smaller territory is contained within the boundaries of the territory described in the first petition at any time not less than 90 days prior to the election. This bill requires the county election commission to determine and declare the result of the election and certify the result in accordance with present law pertaining to the determination of election results. It must publish the results in a newspaper of general circulation in the municipality or territory and, if the municipality is already incorporated, must file the results with the legislative body of the municipality at its first meeting after the certif ication. The results must be entered at large on the minutes of the body with which it is filed . This bill requires t he county election commission to call an election pursuant to the process for members of the legislative body as described below , following the election for adoption of a charter, at which time municipal officials are chosen to take office immediately following the election. First elections of members of a legislative body in a municipality This bill requires the first election of the members of a legislative body in a municipality that is chartered after the effective date of this bill to be held with an upcoming regular primary or general election being held in the jurisdiction. If the el ection at which a charter under this title has been adopted occurs on or before 10 days before the regular qualifying deadline, then the regular qualifying deadline applies. If the election occurs less than 10 days before the regular qualifying deadline, i ndependent candidates and candidates nominated by any political party must qualify no later than noon, prevailing time, 55 days before the election. If the qualifying deadline is the 55th day before the election, then candidates must withdraw no later th an noon, prevailing time, 52 days before the election. If an election to incorporate is held on the regular November election and the majority of the votes cast are in favor, then the first election of the members of the legislative body in the newly incorporated municipality must be held as a special electi on. After an initial election is held, the legislative body of the municipality must fix the date of all subsequent elections to coincide with the regular August or regular November general election. I f there was a previously incorporated municipality or if a new charter is adopted, this bill requires the county election commission to call an election in accordance to the process described above following the election for surrender of th e charter, at which time municipal officials for the newly adopted form of government must be chosen who must take office immediately after the election or upon the date fixed for the termination of the previous charter. PARTISAN ELECTIONS Present law requires all elections for members of a municipal ity's legislative body to be nonpartisan. This bill removes the nonpartisan requirement and creates a process for municipal elections to be partisan , as described below. This bill provides that municipal elections are partisan. Political parties may nominate candidates for municipal office by using the primary election provisions of present law or as otherwise authorized by the rules of the party. Elections in a county having a metropolitan form of government are deemed municipal elections in this bill. A fter an initial election is held for the members of a legislative body in a municipality that has been incorporated after this bill's implementation, elections for members of the legislative body are partisan. If a statewide political party decides to no minate members of the legislative body by primary election, it must direct the county election commission to hold the primary in the same manner as nominations for other offices within present law. This bill provides that p rimary elections in which candidates nominated for members of the legislative body are to appear on the regular August election ballot are held on the first Tuesday in May before the August election. In the years in which an election is held for presiden t of the United States, a political party primary for offices to be elected in the regular August election is held on the same day as the presidential preference primary. In such event, the qualifying deadline for independent and primary candidates is noon, prevailing time, on the date established on the second Thursday in December. This bill provides that p rimary elections in which candidates nominated for members of the legislative body are to appear on the regular November election ballot are held concurrently with the regular August election. The qualifying deadline for independent and primary candidate s is noon, prevailing time, on the second Tuesday in March.