Bill Text: CA AB1795 | 2023-2024 | Regular Session | Introduced
Bill Title: Primary elections: dual candidacies.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-21 - Referred to Com. on ELECTIONS. [AB1795 Detail]
Download: California-2023-AB1795-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1795
| Introduced by Assembly Member Wendy Carrillo |
January 04, 2024 |
An act to amend Sections 8003 and 8800 of, and to add Section 8003.5 to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1795, as introduced, Wendy Carrillo.
Primary elections: dual candidacies.
(1) Existing law prohibits a person from filing nomination documents for a party nomination and an independent nomination for the same office, or for more than one office at the same primary election.
This bill would clarify that a candidate is prohibited from filing nomination documents for more than one office at the same primary election.
(2) Existing law requires a candidate for state office, or for the office of Member of the United States House of Representatives or United States Senator, to deliver their nomination documents to the county elections official no later than 5 p.m. on the 88th day before the primary election. Existing law further provides that if the incumbent for specified state offices, or for the office of Member of the United States
House of Representatives or United States Senator, does not deliver nomination documents to the county elections official by this deadline, then the deadline for a candidate other than the incumbent to file nomination documents for that office is extended to 5 p.m. on the 83rd day before the primary election. Existing law prohibits a candidate whose declaration of candidacy has been filed for any primary election from withdrawing as a candidate at that primary election.
This bill would permit a candidate who has filed a declaration of candidacy for an office at a primary election to additionally file nomination documents for one of the offices specified above if a filing extension is granted for that second office because the incumbent has not filed nomination documents. The bill would provide that the candidate’s act of filing for the second office constitutes an automatic withdrawal from candidacy for the first office. The bill would further provide that if the
candidate who withdraws from the first office is the incumbent of that first office, the period to file nomination documents for that first office would be reopened until 5 p.m. on the 78th day before the primary election.
By imposing additional duties on local elections officials, the bill would establish 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 8003 of the Elections Code is amended to read:8003.
This chapter does not prohibit the independent nomination of candidates under Part 2 (commencing with Section 8300), subject to the following limitations:(a) A candidate whose name has been on the ballot as a candidate of a party at the direct primary and who has been defeated for that party nomination is ineligible for nomination as an independent candidate. He is They are also ineligible as a candidate named by a party central committee to fill a vacancy on the ballot for a general election.
(b) No A person may shall not file nomination papers for a party nomination and an independent nomination for the same office, or for more than one office at the same election.
office.
SEC. 2.
Section 8003.5 is added to the Elections Code, to read:8003.5.
Except as provided in Section 8800, a person shall not file nomination documents for more than one office at the same primary election.SEC. 3.
Section 8800 of the Elections Code is amended to read:8800.
(b) (1) A candidate who has filed a declaration of
candidacy for an office at a primary election may file nomination documents for a second office if a filing extension was granted for the second office pursuant to Section 8022. In that event, the act of filing for the second office shall constitute an automatic withdrawal from candidacy for the first office.
(2) Notwithstanding Section 8020, if the candidate who withdraws from the first office pursuant to paragraph (1) is the incumbent of that office, the period to file nomination documents for that first office shall be reopened, and any person other than the incumbent shall have until 5 p.m. on the 78th day before the primary election to file nomination documents for that first office.
