AB 868 California Assembly · 2025-2026 Regular Session

Primary elections: county officers: top two candidates.

Summary
Existing law provides that a candidate for a nonpartisan office who at a primary election receives votes on a majority of all the ballots cast for candidates for that office is elected to that office. This bill would exempt from that provision candidates for county nonpartisan offices, including a county office in a charter county, but not including a charter city and county, and would require the candidates who received the highest and second highest number of votes cast for nomination to that office to be placed on the ballot at the ensuing general election, except as specified. By imposing new duties on counties, including county elections officials, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 19, 2025 Last action Feb 2, 2026
Maddy AI version diff · 4 comparisons

What changed between versions

04/02/25 - Amended Assembly 04/22/25 - Amended Assembly · 3 edits · Apr 22, 2025
MINOR
The April 22 amendment removes Section 10419, which had required that elections determined by plurality (with no runoff) and consolidated with a statewide election must be held in the November general election rather than the primary. The amendment also adds a lengthy set of legislative findings documenting voter participation disparities between primary and general elections, particularly for Latino voters, young people, and low-income communities. The core top-two system for county nonpartisan offices remains unchanged.
SCOPE

Section 10419 was deleted entirely. This section had required that any election for an office determined by plurality of votes (with no possibility of a runoff) that is consolidated with a statewide election must be held in the November general election instead of the primary. It also included a provision extending incumbent terms until successors take office after the new election date.

A new Section 1 was added containing 12 paragraphs of legislative findings and declarations. These findings cite data showing that Latino voter participation increases dramatically from primary to general elections (44.1% in 2022, 67.95% in 2024), that overall primary turnout averages 32.09% versus 55.39% for general elections, and that over 90% of county-level contests in the 2022 primary were decided outright. The findings state the Legislature's intent to strengthen voter engagement and equity.

TECHNICAL

All section numbers were renumbered due to the insertion of the new findings section as Section 1. The act description was updated to remove the reference to adding Section 10419 to the Elections Code.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
12
Key actions
3
Committee
7
Amendments
3
Feb 2, 2026
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
Apr 30, 2025
Lower · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
lower
Apr 23, 2025
Committee
Re-referred to Com. on ELECTIONS.
lower
Apr 22, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
lower
Apr 3, 2025
Committee
Re-referred to Com. on ELECTIONS.
lower
Apr 2, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
lower
Mar 25, 2025
Committee
Re-referred to Com. on ELECTIONS.
lower
Mar 24, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
lower
Mar 24, 2025
Committee
Referred to Com. on ELECTIONS.
lower
Feb 20, 2025
Lower · Passed
From printer. May be heard in committee March 22.
lower
1 primary · 4 co-sponsors

Sponsors