---

Text of AB 1039
Sample Letter for Individuals
Sample Resolution for Organizations
Sample Resolution for Counties and Cities
More Links
What IS Instant Runoff Voting (IRV)?

---

As many of you already know, Assemblywoman Loni Hancock from Berkeley has introduced AB 1039 into the California legislature. This bill would give a "home rule" option to general law cities and counties, allowing them to use electoral systems like instant runoff voting, cumulative voting, choice voting, and limited voting.

If you need more information about AB 1039 or about the contents of this message, please contact Paula Lee or Caleb Kleppner.

AB 1039 urgently needs your HELP and ATTENTION. It needs:

1. The SUPPORT of your state Assemblymember. Please contact her or him as soon as possible, and ask them to support AB 1039.



2. The endorsement of your organization. We need these endorsements in the form of a letter or resolution as soon as possible
.

AB 1039 is a very important piece of legislation that will advance voting system reform in California. If it passes, it means that a city or county in California could use a method like cumulative voting, which is in use in numerous jurisdictions in the United States for local elections and has proven to be an effective method to elect diverse representation to local government. Similarly, a general law city or county would be able to use instant runoff voting to replace two-round runoff elections and save millions of dollars for taxpayers and candidates. Such a "home rule" option already exists for CHARTER cities and counties (those cities and counties who have formed their own charters), but it does not exist for what is known as "general law" cities and counties (NOTE: like Contra Costa County and most of our cities).

1. Please contact your Assemblymember immediately and ask her or him to sign on as a sponsor of the bill.
   
   Click here for the text of the legislation.
   
   You can locate your Assemblymember here or here (enter your Zip Code).



2. A committee hearing for AB 1039 is scheduled on April 22 in the Elections, Redistricting and Constitutional Amendments Committee, Assemblymember John Longville, Chair. WE NEED LETTERS OF ENDORSEMENT BEFORE THAT TIME.

Please ask any organizations with which you are involved to either pass a resolution or write a letter and e-mail or fax it to Assemblymember Hancock's office. The fax number is (916) 319-2114.

Below is a sample resolution for cities or counties to pass, and another for your organization to pass, as well as a sample letter.

Please try to get something like this passed by your organizations, local government, and elected leaders. WE NEED THESE LETTERS AND RESOLUTIONS AS SOON AS POSSIBLE. Please also email a copy to Paula Lee and/or fax it to Caleb Kleppner at (415) 824-2735.

Back to Top

---

Text of AB 1039 as introduced by Hancock

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.

Back to Top

---

SAMPLE LETTER for INDIVIDUALS

The Hon. ___________
State Capitol
Sacramento, CA 95814

Dear ____________:

I am writing to ask you to become a co-author of AB 1039 on Municipal Election Voting Methods. It is a "home rule" bill that will allow general law cities the same freedom that charter law cities have to choose their own method for electing their local government.

Please let me know if you will co-author this bill.

Sincerely,



(your name)

---

SAMPLE RESOLUTION for ORGANIZATIONS

Whereas, general law cities and counties are restricted in its choice of voting methods by the laws of the State of California; and

Whereas, chartered cities and counties have the freedom to choose their own voting method; and

Whereas, AB 1039 (Hancock) is a "home rule" bill that would give to general law cities and counties the same freedom of choice in voting method that chartered cities enjoy;

Therefore, Be It Resolved That this organization will support and endorse AB 1039; and

Be It Further Resolved That this organization will ask its state representatives to co-sponsor AB 1039; and

Be It Further Resolved That this organization requests that the Registrar of Voters ensure that any new voting equipment used in Mendocino be compatible with all of the voting options included in AB 1039; and

Be It Further Resolved That this organization will send a copy of this resolution to its Assembly representative; the author of AB 1039 (Assemblymember Loni Hancock); the Assembly Committee on Elections, Reapportionment, and Constitutional Amendments; and the Registrar of Voters.

Back to Top

---

SAMPLE RESOLUTION for a CITY or COUNTY

Whereas, the City of Davis is a general law city and is restricted in its choice of voting methods by the laws of the State of California; and

Whereas, chartered cities and counties have the freedom to choose their own voting method; and

Whereas, AB 1039 (Hancock) is a "home rule" bill that would give to general law cities and counties the same freedom of choice in voting method that chartered cities and counties enjoy;

Therefore, Be It Resolved That the City of Davis supports and endorses AB 1039; and

Be It Further Resolved That the City of Davis asks its state representatives to co-sponsor AB 1039; and

Be It Further Resolved that the City of Davis respectfully requests that the County Registrar ensure that any new voting equipment used in the county be compatible with all of the voting options included in AB 1039; and

Be It Further Resolved that the City of Davis respectfully requests that the Board of Supervisors consider a similar resolution supporting AB 1039; and

Be It Further Resolved That the City of Davis will send a copy of this resolution to its Assembly representative; the author of AB 1039 (Assemblymember Loni Hancock); the Assembly Committee on Elections, Reapportionment, and Constitutional Amendments; the Yolo County Board of Supervisors; and the Registrar of Voters.

Back to Top

---

To find a list of chartered cities, visit www.fairvoteca.org/campaign/chartercountycity.htm. If your city isn't listed, then it's a general law city.

Here are some URL's with educational Fact Sheets pertaining to instant runoff voting, cumulative voting, choice voting, and limited voting, if you should need them.

www.fairvote.org/irv/a_fairer_way.htm

www.fairvote.org/op_eds/usatoday112902.htm

www.fairvote.org/irv/talking.htm

www.fairvote.org/irv/flow.pdf

www.fairvote.org/irv/faq.htm

www.fairvote.org/pr/ALmodified.htm#limited
(explains cumulative, choice, and limited voting)

www.fairvote.org/factshts/cumulati.htm
(more about cumulative voting)

You might want to look at each of these Fact Sheets to see which seems best to you. Fax that info to your legislators' offices and ask to speak to someone about the legislator cosponsoring or supporting AB 1039. And distribute them to the members of your own organization and ask them to endorse AB 1039.

Back to Top

---