Bill Text: CA AB1335 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elections: write-in candidates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB1335 Detail]

Download: California-2009-AB1335-Amended.html

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BILL NUMBER: AB 1335	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2010
	AMENDED IN SENATE  MAY 25, 2010

INTRODUCED BY   Assembly Member Lieu

                        FEBRUARY 27, 2009

   An act to amend Sections 8203 and 8600 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1335, as amended, Lieu. Elections: write-in candidates.
   Existing law requires that write-in candidates submit a statement
to the appropriate elections official containing specified
information about their candidacy.
   This bill would require that a write-in candidate for the office
of superior court judge include on the statement his or her
compliance with certain eligibility provisions for a judge of a court
of record.
   Existing law requires a petition to be signed by a certain number
of qualified  register voter signatures  
registered voters  when a write-in campaign will be conducted
for the office of superior court judge if only the incumbent files
nomination papers.
   This bill would revise the number of qualified  register
  registered  voter signatures required to be on
these petitions. 
   This bill would also incorporate changes to Section 8600 of the
Elections Code made by SB 6, to become operative only if both this
bill and SB 6 become operative. 
   Because the bill would change the duties of local elections
officials, it 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8203 of the Elections Code is amended to read:
   8203.  (a) In any county in which only the incumbent has filed
nomination papers for the office of superior court judge, his or her
name shall not appear on the ballot unless there is filed with the
elections official, within 10 days after the final date for filing
nomination papers for the office, a petition indicating that a
write-in campaign will be conducted for the office and signed by
 1   0.1  percent of the registered voters
qualified to vote with respect to the office, except that the
petition must have not fewer than 100 and does not need more than
1,000 signatures.
   (b) If a petition indicating that a write-in campaign will be
conducted for the office at the general election, signed by 
1   0.1  percent of the registered voters qualified
to vote with respect to the office as required pursuant to
subdivision (a), is filed with the elections official not less than
83 days before the general election, the name of the incumbent shall
be placed on the general election ballot if it has not appeared on
the direct primary election ballot.
   (c) If, in conformity with this section, the name of the incumbent
does not appear either on the primary ballot or general election
ballot, the elections official, on the day of the general election,
shall declare the incumbent reelected. Certificates of election
specified in Section 15401 or 15504 shall not be issued to a person
reelected pursuant to this section before the day of the general
election.
  SEC. 2.  Section 8600 of the Elections Code is amended to read:
   8600.  A person who desires to be a write-in candidate and have
his or her name as written on the ballot of an election counted for a
particular office shall file the following:
   (a) A statement of write-in candidacy that contains the following
information:
   (1) Candidate's name.
   (2) Residence address.
   (3) A declaration stating that he or she is a write-in candidate.
   (4) The title of the office for which he or she is running.
   (5) The party nomination which he or she seeks, if running in a
primary election.
   (6) The date of the election.
   (7) If for the office of superior court judge, a statement that
the person satisfies the eligibility requirements of Section 15 of
Article VI of the California Constitution.
   (b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Section 8062, 10220, or 10510 or, in the
case of a special district not subject to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10),
the number of signatures required by the principal act of the
district.
   SEC. 2.5.    Section 8600 of the   Elections
Code   is amended to read: 
   8600.   Every   A  person who desires to
be a write-in candidate and have his or her name as written on the
ballot of an election counted for a particular office shall file 
the following  :
   (a) A statement of write-in candidacy that contains the following
information:
   (1) Candidate's name.
   (2) Residence address.
   (3) A declaration stating that he or she is a write-in candidate.
   (4) The title of the office for which he or she is running.
   (5) The party nomination which he or she seeks, if running in a
 partisan  primary election.
   (6) The date of the election. 
   (7) If for the office of superior court judge, a statement that
the person satisfies the eligibility requirements of Section 15 of
Article VI of the California Constitution. 
   (b) The requisite number of signatures on the nomination papers,
if any, required pursuant to  Sections   Section
 8062, 10220,  or  10510 or, in the case of a special
district not subject to the Uniform District Election Law (Part 4
(commencing with Section 10500) of Division 10), the number of
signatures required by the principal act of the district.
   SEC. 3.    Section 2.5 of this bill incorporates
amendments to Section 8600 of the Elections Code proposed by both
this bill and Senate Bill 6 of the 2009-10 Regular Session (Chapter 1
of the Statutes of 2009). It shall only become operative if (1) SB 6
becomes operative because SCA 4 of the 2009-10 Regular Session is
approved by the voters on or before January 1, 2011, and (2) this
bill is enacted and becomes effective on or before January 1, 2011.
If Section 2.5 of this bill becomes operative, Section 2 shall not
become operative. 
   SEC. 3.   SEC. 4.   If the Commission on
State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.