What Happens If Senator Oropeza Receives The Most Votes On Nov. 2?

(Oct. 21, 2010) -- On November 2, voters in the 28th state Senate district will see a ballot that includes the name of state Senator Jenny Oropeza -- with no mention that she is deceased.

Voters in that district could choose Republican candidate John Stammreich or Libertarian David Ruskin...but suppose State Senator Jenny Oropeza -- with name recognition in a heavily Dem registered district -- receives the largest number of votes?

The CA Secretary of State's office tells LBReport.com that whenever a candidate whose name appears on the ballot dies within the 68 days before the election, "the votes cast for the deceased candidate shall be counted (California Elections Code section 15402). If Senator Oropeza receives the majority of the votes cast for the office, state law dictates that she will be considered elected and the office shall be vacant at the beginning of the term for which she was elected. The Governor then will have 14 days to call a special election to fill that Senate vacancy."

The 28th state Senate district's lines, like all CA state legislative district lines, were drawn in 2001 by Sac'to Democrats (including then-Assemblywoman Oropeza, since Dems had majority control of both houses of the state legislature.) The 28th state Senate district was drawn in a way that effectively leans heavily toward registered Democrats.

Click to enlarge map:

As of September 3, 2010, the L.A. County Registrar of Voters says the 28th state Senate district had 222,552 registered Dems, 115,454 registered Repubs, 101,457 decline to state out of a total registration of 460,963 total registered voters.

In the upcoming November 2, 2010 general election, voters can vote for any party's candidate regardless of their own party affiliation (or decline to state).

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