Bill Text: CA AB1768 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Declaration of candidacy: residence address.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-16 - Chaptered by Secretary of State - Chapter 130, Statutes of 2014. [AB1768 Detail]

Download: California-2013-AB1768-Introduced.html

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BILL NUMBER: AB 1768	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 14, 2014

   An act to amend Section 8040 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1768, as introduced, Fong. Declaration of candidacy: residence
address.
    Existing law requires a candidate for public office to file a
declaration of candidacy that contains, among other things, the
residence address of the candidate. Existing law provides that a
candidate for judicial office is not required to state his or her
residence address on a declaration of candidacy. Existing law
requires an elections official to verify whether a candidate's
residence address is within the appropriate political subdivision and
add a specified notation on the declaration of candidacy if the
candidate does not state his or her residence address on the
declaration. Existing law provides specified procedures to make a
voter's registration information confidential, including a voter's
residence address.
   This bill would also exempt from the requirement to state a
residence address on a declaration of candidacy a candidate for any
office whose voter registration information is confidential, as
specified. Because the bill would impose new duties on local
elections officials, the bill would create 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 8040 of the Elections Code is amended to read:
   8040.  (a) The declaration of candidacy by a candidate shall be
substantially as follows:
             DECLARATION OF CANDIDACY
  I hereby declare myself a candidate for
nomination to the office of ________ District
Number ________ to be voted for at the primary
election to be held ________, 20__, and declare
the following to be true:
  My name is ___________________________________.
  I want my name and occupational designation to
appear on the ballot as follows:
______________________________________.
Addresses:
Residence ______________________________________
        _________________________________________
Business  ______________________________________
       __________________________________________
Mailing   ______________________________________
       __________________________________________
  Telephone numbers: Day _________ Evening
_________
  Web site:
_______________________________________
  I meet the statutory and constitutional
qualifications for this office (including, but
not limited to, citizenship, residency, and
party preference, if required).
  I am at present an incumbent of the following
public office
(if any) __________.
  If nominated, I will accept the nomination and
not withdraw.
             ____________________________________
                        Signature of candidate


A candidate for voter-nominated office shall also
complete all of the following:
1. I hereby certify that:
(a) At the time of presentation of this
declaration, as shown by my current affidavit of
registration, I have disclosed the following
political party preference, if any: _____________.
(b) My complete       voter registration and
party affiliation/preference history, from (10
years prior to current year) through the date of
signing this document, is as follows:
Party Registration County    Timeframe (by year)
__________________ _________ _____________________
__________________ _________ _____________________
__________________ _________ _____________________
(2) Pursuant to Section 8002.5 of the Elections
Code, select one of the following:
______ Party Preference: _____________________
(insert the name of the qualified political party
as disclosed upon your affidavit of registration).
______ Party Preference: None (if you have
declined to disclose a preference for a qualified
political party upon your affidavit of
registration).
                              Dated this ___ day
                              of _____, 20___.
                              _____________________
                                Signature of
                              candidate


State of California       )
County of ______________  ) ss.
                           )


  Subscribed and sworn to before me this ___ day
of ________, 20____.
       __________________________________________
             Notary Public (or other official)
  Examined and certified by me this ________ day
of ________, 20____.
           ______________________________________
                     County Elections Official
WARNING: Every person acting on behalf of a
candidate is guilty of a misdemeanor who
deliberately fails to file at the proper time
and in the proper place any       declaration
of candidacy in his or her possession which is
entitled to be filed under the provisions of
the Elections Code Section 18202.


   (b) A candidate for a judicial office  may  
, or a candidate for any office whose voter registration information
is confidential   under Section 2166, 2166.5, or 2166.7,
shall  not be required to state his or her  residential
  residence  address on the declaration of
candidacy.  However, in cases where the   If a
 candidate does not state his or her  residential
  residence  address on the declaration of
candidacy, the elections official shall verify whether  his
or her   the candidate's  address is within the
appropriate political subdivision and add the notation "verified"
where appropriate  on the declaration  .
  SEC. 2.  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.