Bill Text: CA AB1316 | 2013-2014 | Regular Session | Chaptered

California Assembly Bill 1316 (Prior Session Legislation)

Bill Title: Election ballots: identical candidate names.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2013-08-13 - Chaptered by Secretary of State - Chapter 106, Statutes of 2013. [AB1316 Detail]

Download: California-2013-AB1316-Chaptered.html

BILL NUMBER: AB 1316	CHAPTERED
	BILL TEXT

	CHAPTER  106
	FILED WITH SECRETARY OF STATE  AUGUST 13, 2013
	APPROVED BY GOVERNOR  AUGUST 13, 2013
	PASSED THE SENATE  JULY 1, 2013
	PASSED THE ASSEMBLY  MAY 9, 2013
	AMENDED IN ASSEMBLY  APRIL 16, 2013

INTRODUCED BY   Assembly Member Harkey

                        FEBRUARY 22, 2013

   An act to amend Section 13118 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1316, Harkey. Election ballots: identical candidate names.
   Existing law sets forth the procedures, requirements, and
specifications relating to ballots used in all elections. Existing
law authorizes a person who is a candidate for any office to file a
statement with the county elections official attesting to his or her
belief that some other person with a similar name that may be
confused with his or her name has filed or will file a nomination
paper for the same office and requesting that a number be printed
with his or her name on the ballot as a distinguishing mark. Existing
law sets forth the type and placement requirements with respect to
the distinguishing mark. Existing law requires the elections official
to place a warning that there are candidates for the same office
with identical names on the ballot, any sample ballot, ballot
pamphlet, or other mailing sent by the official.
   This bill would modify the text of the statement contained within
the candidate's request for a distinguishing mark next to his or her
name on the ballot. The bill would introduce revised numerical
specifications and procedures for the assignment of the
distinguishing mark. The bill would also require the elections
official to conduct a drawing of the numbers assigned to the
candidates in a similar manner as provided for by existing law to
determine the order on the ballot for candidates with similar names.
By imposing a new requirement on local officials, 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 these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13118 of the Elections Code is amended to read:

   13118.  The following rules apply when a person who is a candidate
for any office believes that another person with a name that is so
similar that it may be confused with his or her name has filed or
will file a nomination paper for the same office:
   (a) The candidate may, at the time of filing his or her nomination
paper, or within five days after the time for filing nomination
papers has expired, file with the elections official a statement that
shall be in substance as follows:

   "I ____, believe that another person, whose name is so similar to
mine that it may be confused with mine, has filed or will file a
nomination paper for the same office for which I have filed a
nomination paper, and I therefore request and direct that the
elections official assign a number to each candidate with a similar
name to be printed on the ballot as a distinguishing mark.
                          ______
                                             Name
                          Candidate for the office
                          of __________________ ''


   (b) The distinguishing mark shall be a number, commencing with the
number "1" and continuing in numerical sequence until each candidate
with a similar name has been assigned a distinguishing number, and
shall be printed at the right of the name on the ballot.
   (c) The first candidate who filed his or her nomination papers
shall have the number "1" and each subsequent candidate, based on the
time of filing his or her nomination papers, shall be assigned the
next number in numerical sequence.
   (d) In addition to the designated numbers that the elections
official shall place on the ballot when the above conditions are met,
he or she shall place on the ballot, immediately preceding the names
of the candidates to be voted upon, the following warning:

"Warning!   There are two (or applicable number) candidates for this
office with identical names."

This warning shall also be included, in a prominent manner, on any
sample ballot, ballot pamphlet, or other mailing sent by the
elections official, prior to the election, to persons eligible to
vote for this office.
   (e) To determine the order on the ballot for the candidates with
similar names, the elections official shall conduct a drawing of the
numbers assigned to the candidates in a similar manner as provided
for in Section 13112.
  SEC. 2.  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.