This post is a follow-on to the previous one about a low-turnout runoff in Santa Clara County, California. Could the county change the election of its officers to ranked-choice voting (via the alternative vote a.k.a. instant runoff)? Yes, it could. However, it is the only county that currently has this authority. Further, it appears it could switch to STV for its Board of Supervisors.
AB 1227 of 2023 was passed by the state legislature and signed by the governor and explicitly grants to Santa Clara County the option to adopt ranked-choice voting (RCV) for any or all elected county officers. It allows that either the county’s Board of Supervisors or a county initiative may enact RCV.
The legislation further says, “The ordinance [to adopt RCV] shall specify which county officers shall be elected by this method and whether they shall be elected at large or by or from district, as applicable.” The reference to “at large” surely enables the country to elect the Board or other multi-person bodies in the county by single transferable vote (STV), sometimes called (in the US) proportional ranked-choice voting (PRCV). The first section of the enacted state law–the “findings” section–references cities in California that have adopted STV, such as Albany and Palm Desert, although it simply refers to their systems as “RCV” without the important detail. (Palm Desert now has two districts, one of which is a single seat using RCV/alternative vote, and the other of which elects four by STV/PRCV.)
Interestingly, the law applies only to Santa Clara County. Moreover, its third of three sections reads, in full: “The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances relating to the County of Santa Clara’s interest in having the option to use ranked choice voting in its elections.” (The cited section states, “A local or special statute is invalid in any case if a general statute can be made applicable.”)
Therefore, we might say that we have here a case “electoral system pork barrel”! Okay it is not a project, which is what “pork barrel” implies, but a measure regarding electoral systems that provides a benefit only to the geographical region represented by its sponsors. The originally introduced bill did not have that third section, although it did already state its applicability was only to the one county. The introducing member was Assembly Member Evan Low, who at the time represented Assembly District 26, encompassing parts of the Silicon Valley, which is to say a large portion of Santa Clara County. Assembly Member Alex Lee later joined as a co-author; his district encompasses other parts of the county, including part of the city of San Jose.
Curiously, the final chaptered amendment to the state code says that an election under RCV in Santa Clara would have to take place at the same time as the statewide “primary” (i.e., the first round under California’s two-round not-a-primary electoral system used for state and federal offices). It is very strange that it would not be held at the November “general” election. This provision changed through the bill’s legislative process, and I will address the apparent reasons for this below. The initial version did not specify the timing of a potential RCV election in the county. The first amended version in the state Assembly added this tortured phrase: “If a proposal would elect an officer by ranked choice voting through a single election with no possibility of a runoff, the bill would authorize the county to hold that election at the first statewide general election following the statewide primary election at which the election otherwise would be held in accordance with existing law.” An amended version in the state Senate said in somewhat more straightforward language that the county could hold an RCV election at either the “primary” or the “general” while adding that third section quoted above.
A further round of amendments in the Senate saw two members of that chamber join as further coauthors, Josh Becker and David Cortese, both of whom represent–you guessed it–parts of Santa Clara County. However, before its final passage the language to require that any such RCV election in the county be held at the “primary” was included.
The bill’s Assembly Floor Analysis dated 9/05/2023 (available at LegInfo) indicates that the jurisdictions within the state that have so far adopted RCV are all charter cities, but that it is not clear under current law that charter counties would have this authority, because counties are generally given narrower discretion in their election ordinances.
The county itself had determined that it did not have the authority absent a change in state law. Thus what we have here is a change in state law for this one county for the simple reason that only this county had applied for authorization. It did so in response to a countrywide ballot measure that had indicated the county would adopt RCV if it became possible within the capacity of the vote tabulation machinery used by the county. That measure passed in 1998, but only in December 2022 did the county Registrar of Voters declare that it now had the relevant machinery.
It is not clear from the immediately available resources whether there was any debate on making this legislation a blanket permission for counties to adopt RCV. All versions of the bill as it worked its way through the legislature explicitly were only about Santa Clara County.
As for the question of the date on which an RCV election could take place, it seems this is due to the potential incompatibility with state law if it were set to take place in November. This is implied by the report on the Assembly Third Reading, dated April 24, 2023 (also available at LegInfo). It notes that elections for county officers are required to be held at the statewide “primary” with a second round in November only if there was no majority in the first round. Therefore, a county holding no election for such an office at the first round would be in potential breach of state law, and evidently legal counsel said that even the third section added to the bill would not remedy that problem. This is unfortunate, of course. RCV (in the form of the alternative vote/AV) is by definition a one-round solution to obtaining a definitive result that might otherwise require two rounds to obtain a majority. So logically it should be held at the end of what would otherwise be a two-round process, not at the beginning. For sure turnout is higher in November than at the first round. Not for the first time, logic gets tripped up by the law!
The bill ultimately passed the Assembly 67-0 with 13 abstentions and the Senate 31-7 with 2 abstentions. I do not know if there is currently a strong prospect that the county will go ahead and be a pioneer in using RCV for any of its county offices, but possibly that low-turnout Assessor runoff special election will reenergize the debate.


