BILL NUMBER: AB 742 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Saldana
FEBRUARY 26, 2009
An act to amend Section 10405.7 2212
of the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 742, as amended, Saldana. Elections: community college
districts felony conviction statements .
Under existing law, the county elections official is required to
cancel the voter registration of a person who is presently imprisoned
or on parole for conviction of a felony. The clerk of the superior
court of each county, on the basis of the records of the court, is
required to furnish to the chief elections official of the county a
statement showing the names, addresses, and dates of birth of all
persons who have been convicted of a felony since the clerk's last
report. The elections official is then required to cancel the
affidavits of registration of those persons who are currently
imprisoned or on parole for the conviction of a felony.
This bill would specify that the court clerk's statement must
include only those convicted felons who have been sentenced to prison
and would also specify that the county elections official cancel the
affidavit of registration of a person imprisoned or on parole for a
felony conviction whose name, address, and date of birth are the same
as reported on the court clerk's statement.
Existing law authorizes a community college district to
consolidate its election of governing board members with other
elections upon approval by the board of supervisors and specifies a
procedure for effecting the consolidated election.
This bill would make nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2212 of the
Elections Code is amended to read:
2212. The clerk of the superior court of each county, on the
basis of the records of the court, shall furnish to the chief
elections official of the county, not less frequently than the first
day of April and the first day of September of each year, a statement
showing the names, addresses, name, address,
and dates date of birth of
all persons each person who
have has been convicted of felonies
a felony and sentenced to state prison since the
clerk's last report. The elections official shall, during the first
week of April and the first week of September in each year, cancel
the affidavits affidavit of
registration of those persons each person
who are is currently imprisoned
or on parole for the conviction of a felony whose name, address,
and date of birth is the same as reported on the court clerk's
statement . The clerk shall certify the statement under the
seal of the court.
SECTION 1. Section 10405.7 of the Elections
Code is amended to read:
10405.7. (a) The resolution of the community college district
governing board to establish an election day pursuant to subdivision
(b) of Section 1302 shall be adopted and submitted to the board of
supervisors not later than 240 days prior to the date of the
currently scheduled election for the governing board members of the
community college district.
(b) The final date for the submission of the resolution by the
community college district governing board to the board of
supervisors is not subject to waiver.
(c) The board of supervisors shall notify all community college
districts located in the county of the receipt of the resolution to
consolidate and shall request input from each district on the effect
of consolidation.
(d) (1) The board of supervisors, within 60 days from the date of
submission, shall approve the resolution unless it finds that the
ballot style, voting equipment, or computer capacity is such that
additional elections or materials cannot be handled. Prior to the
adoption of a resolution to either approve or deny a consolidation
request, the board or boards of supervisors may each obtain from the
elections official a report on the cost-effectiveness of the proposed
action.
(2) Public notices of the proceedings in which the resolution is
to be considered for adoption shall be made pursuant to Section 25151
of the Government Code.
(e) Within 30 days after the approval of the resolution by the
board of supervisors, the elections official shall notify all
registered voters of the districts affected by the consolidation of
the approval of the resolution by the board of supervisors. The
notice shall be delivered by mail and at the expense of the community
college district.
(f) An election day established pursuant to subdivision (b) of
Section 1302 shall be prescribed to occur not less than one month,
nor more than 12 months, subsequent to the election day prescribed in
Section 5000 of the Education Code. As used in this subdivision, "12
months" means the period from the election day prescribed in Section
5000 of the Education Code to the first Tuesday after the first
Monday in the 12th month subsequent to that day, inclusive.
(g) If, pursuant to subdivision (b) of Section 1302, a district
governing board member election is held on the same day as a
statewide general election, those district governing board members
whose four-year terms of office would have, prior to the adoption of
the resolution, expired prior to that election shall, instead,
continue in their offices until successors are elected and qualified.