Special legislative or congressional election: instant runoff voting.

Existing law requires the Governor to call a special election to fill a vacancy in a congressional or legislative office within 14 calendar days of the occurrence of the vacancy and provides that all candidates be listed on the ballot and, if any candidate receives a majority of all votes cast, he or she shall be declared elected. If a candidate does not receive a majority of all votes cast, the names of the candidates receiving the most votes representing a qualified political party are placed on the special general election ballot as that party's candidate. Under existing law, the special primary and the special general elections are required to be conducted within specified time periods. This bill would instead authorize the board of supervisors of a county affected by the special election to make a determination within 30 days of a vacancy on whether to fill a vacancy in the office of United States Representative in Congress, State Senator, or Member of the Assembly by using a prescribed instant runoff voting method, except that if 2 or more counties are affected, all affected counties would have to agree to use the instant runoff voting method. The bill also would require the Governor to call the special election within 5 calendar days after the determination of the affected county or counties on whether it will use the instant runoff procedures or within 35 days of the vacancy if no determination is made.