Drafting a Bill that Calls an Election

Drafting a Bill that Calls an Election By Chris Micheli

            The Legislature can enact a statute that calls an election by specifying a date on which that election will be held and what subject will be on that election’s ballot. What does a bill that calls an election look like? The following parts of a bill in the California Legislature contain provisions related to the calling of an election:

Bill Title: The bill’s title will be similar to the following language: “An act relating to ___, calling an election, to take effect immediately.”

Legislative Counsel’s Digest: The bill’s digest will be similar to the following language: “This bill would declare that it is to take effect immediately as an act calling an election.”

Plus Sections: The bill’s “plus section” will be similar to the following provisions:

“A special election is hereby called to be held throughout the state on ___ (specified date). The special election shall be consolidated with the statewide general election to be held on that date. The consolidated election shall be held and conducted in all respects as if there were only one election and only one form of ballot shall be used.”

“Notwithstanding the requirements of Sections 9040, 9043, 9044, 9061, 9082, and 9094 of the Elections Code or any other law, the Secretary of State shall submit Section ___ of this act to the voters at the ____ (specified date) statewide general election.”

“Notwithstanding Section 13115 of the Elections Code, Section ___ of this act and any other measure placed on the ballot by the Legislature for the ___ (specified date), statewide general election after the 131-day deadline set forth in Section 9040 of the Elections Code shall be placed on the ballot, following all other ballot measures, in the order in which they qualified as determined by chapter number.”

“The Secretary of State shall include, in the ballot pamphlets mailed pursuant to Section 9094 of the Elections Code, the information specified in Section 9084 of the Elections Code regarding the ballot measure contained in Section ___ of this act.”

“This act calls an election within the meaning of Article IV of the Constitution and shall go into immediate effect.”


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