Bill Text: CA AB2003 | 2023-2024 | Regular Session | Introduced

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Bill Title: Primary elections: withdrawal of candidacy.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-03-21 - Referred to Com. on ELECTIONS. [AB2003 Detail]

Download: California-2023-AB2003-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2003

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Introduced by Assembly Member Vince Fong

January 31, 2024

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An act to amend Sections 8022 and 8800 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 2003, as introduced, Vince Fong. Primary elections: withdrawal of candidacy.

Existing law provides deadlines for candidates at a primary election to deliver or file their nomination documents. Existing law generally requires a candidate 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 provides an exception for specified state offices and for the offices of Member of the United States House of Representatives and United States Senator, whereby if the incumbent of one of those offices does not deliver nomination documents by 5 p.m. on the 88th day before the primary election, a person other than the incumbent may file nomination documents for that office until 5 p.m. on the 83rd day before the primary election. Existing law prohibits a candidate whose declaration of candidacy has been filed for a primary election to withdraw as a candidate at that primary election.

This bill would permit a candidate whose declaration of candidacy has been filed for a primary election to withdraw their candidacy until 5 p.m. on the final day that nomination documents may be delivered or filed for that office at the primary election. The bill would also make conforming changes.

By increasing the duties of local elections officials regarding the nomination of candidates for the primary election, 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 the statutory provisions noted above.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 8022 of the Elections Code is amended to read:

8022.

 Notwithstanding Section 8020 or any other provision of the law, if nomination documents for an incumbent state Senator, Member of the Assembly, state constitutional officer, Insurance Commissioner, Member of the United States House of Representatives, or United States Senator are not delivered by 5 p.m. on the 88th day before the direct primary election, or are delivered but then are withdrawn prior to 5 p.m. on the 88th day before the direct primary election, any person other than the person who was the incumbent on the 88th day shall have until 5 p.m. on the 83rd day before the election to file nomination documents for the elective office.

However, if the incumbent’s failure to file nomination documents is because he or she the incumbent has already served the maximum number of terms permitted by the California Constitution for that office, there shall be no extension of the period for filing the nomination documents.

SEC. 2.

 Section 8800 of the Elections Code is amended to read:

8800.

 No A candidate whose declaration of candidacy has been filed for any primary election may withdraw as a candidate at that primary election. their candidacy until 5 p.m. on the final day that nomination documents may be delivered or filed for that office at the primary election.

SEC. 3.

 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.