AB-868 • 2026

Primary elections: county officers: top two candidates.

Education Elections

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Carrillo
Last action: 2026-02-02
Official status: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
Effective date: Not listed

Plain English Breakdown

The official source does not provide information on the exact reimbursement details or potential impacts on voter turnout and election results.

Primary Elections: Top Two Candidates for County Offices

This law changes how primary elections work for county nonpartisan offices, requiring that only the top two vote-getters from a primary election move forward to the general election.

What This Bill Does

Changes the rule so that candidates for county nonpartisan offices do not need a majority of votes in the primary election to be elected.
Requires the two candidates with the most votes in the primary election to move forward to the next election, called the general election.

Who It Names or Affects

Candidates running for county nonpartisan offices
Voters in primary elections

Terms To Know

nonpartisan office: An elected position that does not belong to a political party.
charter city and county: A local government area with its own unique set of rules, different from other cities or counties in the state.

Limits and Unknowns

Doesn't apply to charter cities and counties.
The exact costs for local governments are not known until reviewed by a special commission.

Bill History

2026-02-02 California Legislative Information
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
2026-01-31 California Legislative Information
Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
2025-04-30 California Legislative Information
In committee: Set, first hearing. Hearing canceled at the request of author.
2025-04-23 California Legislative Information
Re-referred to Com. on ELECTIONS.
2025-04-22 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
2025-04-03 California Legislative Information
Re-referred to Com. on ELECTIONS.
2025-04-02 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
2025-03-25 California Legislative Information
Re-referred to Com. on ELECTIONS.
2025-03-24 California Legislative Information
From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.
2025-03-24 California Legislative Information
Referred to Com. on ELECTIONS.
2025-02-20 California Legislative Information
From printer. May be heard in committee March 22.
2025-02-19 California Legislative Information
Read first time. To print.

Official Summary Text

AB 868, as amended, Carrillo.
Primary elections: county officers: top two candidates.
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.

Current Bill Text

Read the full stored bill text

Download Bill PDF