Bill Text: CA SB409 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Elections: candidate’s statement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2023-09-01 - September 1 hearing postponed by committee. [SB409 Detail]

Download: California-2023-SB409-Amended.html

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Amended  IN  Senate  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 409

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Introduced by Senator Newman

February 09, 2023

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An act to amend Section 13307.7 of the Elections Code, and to amend Section 85601 of, and to add Section 85602 to, the Government Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

SB 409, as amended, Newman. Elections: candidate’s statement.

The Political Reform Act of 1974 provides for the comprehensive regulation of campaign financing and related matters, including voluntary expenditure ceilings for candidates for statewide elective office and for state Senate and Assembly. Existing law authorizes a candidate for statewide elective office who accepts the voluntary expenditure limits to purchase the space to place a statement in a state voter information guide, as specified. Existing law authorizes a candidate for state Senate or Assembly who accepts the voluntary expenditure limits to purchase the space to place a statement in the voter information portion of the county voter information guide, as specified. Existing law authorizes a candidate for United States Representative to purchase the space to place a statement in the voter information portion of the county voter information guide, as specified. Existing law requires an elections official to accept the electronic transmission of a form used by a candidate to submit a candidate statement if the elections official posts the form on the elections official’s internet website. Under existing law, a violation of the Political Reform Act of 1974 is a misdemeanor.

This bill would require the Secretary of State to establish a pilot program that would allow a candidate to include a QR code link, as defined, to a video statement in the state voter information guide, as specified. The bill would require the Secretary of State to seek to collaborate with at least 1 but not more than 4 county elections offices to establish a similar program for county voter information guides. The bill would require a candidate who is submitting a statement for a voter information guide to physically write the statement without reference to any outside materials in a county elections office or a place designated by the Secretary of State, as specified. The bill would establish timeframes for a county elections office to transmit the candidate’s statement to other counties in which the candidate is running for office, as specified. Because the bill would increase the responsibilities of a county elections office and expand the scope of an existing crime, this bill would impose 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a ²/₃ vote of each house of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.. act.

Digest Key

Vote: 2/3   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 13307.7 of the Elections Code is amended to read:

13307.7.

 (a) A candidate statement submitted pursuant to Section 13307, Section 13307.5, or subdivision (c) of Section 85601 of the Government Code shall shall, subject to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), be physically written by the candidate in the county elections office and submitted in accordance with the times and procedures set forth in this code for the preparation of the voter information guide. If the candidate is running in a multicounty district, the elections official of each county shall accept the form from the candidate’s county of residence; however, the candidate shall provide a hard copy of the candidate statement form and payment of the requisite fee to each county. An elections official shall transmit the statement to any other county in which the candidate is running for office within three business days of receipt of the statement or within 24 hours if necessary to meet a deadline. The elections official shall not require the candidate to submit any additional forms as a means of correcting internet website posting errors made by the elections official.

(b) Notwithstanding subdivision (a), an elections official may require a candidate to provide additional information that the official needs to comply with state law and county voter information guide requirements.

SEC. 2.

 Section 85601 of the Government Code is amended to read:

85601.

 (a) A candidate for statewide elective office, as defined in Section 82053, who accepts the voluntary expenditure limits set forth in Section 85400 may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The candidate shall submit their statement in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlets. The Secretary of State’s procedures for candidate statements shall shall, subject to the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.), require that the statement be physically written by the candidate without reference to any outside materials in a place designated by the Secretary of State.

(b) Notwithstanding subdivision (e) of Section 88001 of this code or subdivision (e) of Section 9084 of the Elections Code, the Secretary of State may not include in the state ballot pamphlet a statement from a candidate who has not voluntarily agreed to the expenditure limitations set forth in Section 85400.

(c) A candidate for State Senate or Assembly who accepts the voluntary expenditure limits set forth in Section 85400 may purchase the space to place a statement in the voter information portion of the sample ballot that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with the timeframes and procedures set forth in the Elections Code for the preparation of the voter information portion of the sample ballot.

SEC. 3.

 Section 85602 is added to the Government Code, to read:

85602.

 (a) (1) The Secretary of State shall establish a pilot program that allows a candidate who is qualified to place a statement in the state ballot pamphlet pursuant to subdivision (a) of Section 85601 to additionally include in their candidate statement a QR code link to a video statement.

(2) The Secretary of State shall seek to collaborate with at least 1 but not more than 4 county elections offices to establish county level programs that allow a candidate who is qualified to place a statement in the voter information portion of the sample ballot pursuant to Section 13307.5 of the Elections Code and subdivision (c) of Section 85601 to additionally include in their candidate statement a QR code link to a video statement.

(b) The following provisions apply to candidate video statements made pursuant to the pilot program established in subdivision (a):

(1) In their video statement, a candidate may identify themselves as a candidate for office and provide a link to their campaign website, but they may not use props or slogans. The entire video statement shall not exceed 250 words.

(2) A candidate shall film their video statement, which shall be in an MP4, MOV, or AVI format, using a blank wall as a background.

(3) A candidate may film their video statement in a participating county elections office or in a place designated by the Secretary of State if the candidate is unable to provide the background, camera, and upload capability themselves.

(4) The Secretary of State and any participating county shall accept a candidate’s video statement complying with this section and shall post it on their respective internet website so that it is accessible via the QR code link in the candidate statement.

(c) For purposes of this section, “QR code” means a machine-readable code consisting of an array of squares used for storing an internet website address.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other 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.

SEC. 5.

 The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.