Bill Text: CA AB2881 | 2017-2018 | Regular Session | Introduced
Bill Title: Recall elections.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Failed) 2018-05-23 - From committee: Without further action pursuant to Joint Rule 62(a). [AB2881 Detail]
Download: California-2017-AB2881-Introduced.html
Assembly Bill | No. 2881 |
Introduced by Assembly Member Harper (Coauthor: Assembly Member Lackey) |
February 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11104 of the Elections Code is amended to read:11104.
(a) The elections official, 30 days after a recall has been initiated and every 30 days thereafter, or more frequently at the discretion of the elections official, shall report to the Secretary of State all of the following:SEC. 2.
Section 11105 is added to the Elections Code, to read:11105.
Upon each submission, if fewer than 500 signatures are submitted to the elections official, he or she shall count the number of signatures and submit those results to the Secretary of State. If 500 or more signatures are submitted, the elections official may verify, using a random sampling technique, either 3 percent of the signatures submitted, or 500, whichever is greater. The random sample of signatures to be verified shall be drawn in a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. Upon completion of the signature verification, the elections official shall report the results to the Secretary of State pursuant to Section 11104.SEC. 3.
Section 11106 of the Elections Code is amended to read:11106.
Immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth inSEC. 4.
Section 11108 of the Elections Code is amended to read:11108.
(b)Notwithstanding any other law, any voter who has signed a recall petition under this chapter shall have his or her signature withdrawn from the petition upon the voter filing a written request that includes the voter’s name, residence address, and signature with the elections official within 30 business days of the Secretary of State’s notice provided by subdivision (a).
(c)No later than 10 business days after the withdrawal period provided by subdivision (b), the elections officials shall report to the Secretary of State the total number of signatures that have been withdrawn pursuant to subdivision (b). The Secretary of State shall promptly make a second preliminary determination of whether the petitions have been signed by the sufficient number of registered voters to initiate a recall election. If the petitions have not been signed by a sufficient number of registered voters, the Secretary of State shall notify the county elections officials to continue to verify signatures pursuant to Section 11104. The Secretary of State and elections officials shall continue to make the notifications and reports required by this section until such time as the Secretary of State determines that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election.
(d)Upon receipt of the notification from the Secretary of State required in subdivision (c) that there is a sufficient number of verified signatures, not including withdrawn signatures, to initiate a recall election, the Department of Finance shall, in consultation with the affected elections officials and the Secretary of State, estimate the costs of the recall election, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places. The Department shall estimate the costs that would be incurred if (1) the recall election is held as a special election and (2) the recall election is consolidated with the next regularly scheduled election pursuant to subdivision (b) of Section 15 of Article II of the California Constitution. Within 30 business days of receipt of the Secretary of State’s notice of sufficient signatures to initiate a recall required by subdivision (c), the Department of Finance shall submit the estimate to the Governor, the
Secretary of State, and the Chairperson of the Joint Legislative Budget Committee.
(e)Notwithstanding any other law, the Secretary of State shall not certify the sufficiency of the signatures under Section 11109 until the Joint Legislative Budget Committee has had 30 days to review and comment on the estimate submitted by the Department of Finance pursuant to subdivision (d).
(f)The Secretary of State shall publish a copy of the estimate submitted by the Department of Finance on the Secretary of State’s public Internet Web site no later than 21 business days after the time for the Joint Legislative Budget Committee to review the estimate has expired.
(g)After the time for the Joint Legislative Budget Committee to review the estimate has expired, the Director of Finance, or his or her designee, shall direct the
Controller to remit to the elections official from those funds designated for that purpose in any budget act or other measure an amount that takes into consideration the amount of funds available for the purpose, the number of elections officials expected to conduct state recall elections held in that fiscal year, the Department of Finance’s estimates of the costs of each elections official to conduct each state recall election, and the amount reasonably necessary to conduct such recall election.
SEC. 5.
Section 11324 of the Elections Code is amended to read:11324.
(b)In the case of a recall of a state officer, the official responsible for preparing the voter information guide pursuant to subdivision (a) shall include in the voter information guide the report of estimated costs of the recall prepared by the Department of Finance pursuant to subdivision (d) of Section 11108.