Bill Text: CA SB409 | 2023-2024 | Regular Session | Amended
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
Amended
IN
Senate
April 27, 2023 |
Amended
IN
Senate
March 13, 2023 |
Introduced by Senator Newman |
February 09, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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.
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(a)A candidate statement submitted pursuant to Section 13307, Section 13307.5, or subdivision (c) of Section 85601 of the Government Code 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.
(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, 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 1.
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.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.