Bill Text: CA AB1335 | 2009-2010 | Regular Session | Enrolled
Bill Title: Elections: write-in candidates.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB1335 Detail]
Download: California-2009-AB1335-Enrolled.html
BILL NUMBER: AB 1335 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 11, 2010
PASSED THE ASSEMBLY AUGUST 18, 2010
AMENDED IN SENATE JUNE 9, 2010
AMENDED IN SENATE MAY 25, 2010
INTRODUCED BY Assembly Member Lieu
FEBRUARY 27, 2009
An act to amend Sections 8203 and 8600 of the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1335, Lieu. Elections: write-in candidates.
Existing law requires that write-in candidates submit a statement
to the appropriate elections official containing specified
information about their candidacy.
This bill would require that a write-in candidate for the office
of superior court judge include on the statement his or her
compliance with certain eligibility provisions for a judge of a court
of record.
Existing law requires a petition to be signed by a certain number
of qualified registered voters when a write-in campaign will be
conducted for the office of superior court judge if only the
incumbent files nomination papers.
This bill would revise the number of qualified registered voter
signatures required to be on these petitions.
This bill would also incorporate changes to Section 8600 of the
Elections Code made by SB 6, to become operative only if both this
bill and SB 6 become operative.
Because the bill would change the duties of local elections
officials, it 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, 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 8203 of the Elections Code is amended to read:
8203. (a) In any county in which only the incumbent has filed
nomination papers for the office of superior court judge, his or her
name shall not appear on the ballot unless there is filed with the
elections official, within 10 days after the final date for filing
nomination papers for the office, a petition indicating that a
write-in campaign will be conducted for the office and signed by 0.1
percent of the registered voters qualified to vote with respect to
the office, except that the petition must have not fewer than 100 and
does not need more than 1,000 signatures.
(b) If a petition indicating that a write-in campaign will be
conducted for the office at the general election, signed by 0.1
percent of the registered voters qualified to vote with respect to
the office as required pursuant to subdivision (a), is filed with the
elections official not less than 83 days before the general
election, the name of the incumbent shall be placed on the general
election ballot if it has not appeared on the direct primary election
ballot.
(c) If, in conformity with this section, the name of the incumbent
does not appear either on the primary ballot or general election
ballot, the elections official, on the day of the general election,
shall declare the incumbent reelected. Certificates of election
specified in Section 15401 or 15504 shall not be issued to a person
reelected pursuant to this section before the day of the general
election.
SEC. 2. Section 8600 of the Elections Code is amended to read:
8600. A person who desires to be a write-in candidate and have
his or her name as written on the ballot of an election counted for a
particular office shall file the following:
(a) A statement of write-in candidacy that contains the following
information:
(1) Candidate's name.
(2) Residence address.
(3) A declaration stating that he or she is a write-in candidate.
(4) The title of the office for which he or she is running.
(5) The party nomination which he or she seeks, if running in a
primary election.
(6) The date of the election.
(7) If for the office of superior court judge, a statement that
the person satisfies the eligibility requirements of Section 15 of
Article VI of the California Constitution.
(b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Section 8062, 10220, or 10510 or, in the
case of a special district not subject to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10),
the number of signatures required by the principal act of the
district.
SEC. 2.5. Section 8600 of the Elections Code is amended to read:
8600. A person who desires to be a write-in candidate and have
his or her name as written on the ballot of an election counted for a
particular office shall file the following:
(a) A statement of write-in candidacy that contains the following
information:
(1) Candidate's name.
(2) Residence address.
(3) A declaration stating that he or she is a write-in candidate.
(4) The title of the office for which he or she is running.
(5) The party nomination which he or she seeks, if running in a
partisan primary election.
(6) The date of the election.
(7) If for the office of superior court judge, a statement that
the person satisfies the eligibility requirements of Section 15 of
Article VI of the California Constitution.
(b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Section 8062, 10220, or 10510 or, in the
case of a special district not subject to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10),
the number of signatures required by the principal act of the
district.
SEC. 3. Section 2.5 of this bill incorporates amendments to
Section 8600 of the Elections Code proposed by both this bill and
Senate Bill 6 of the 2009-10 Regular Session (Chapter 1 of the
Statutes of 2009). It shall only become operative if (1) SB 6 becomes
operative because SCA 4 of the 2009-10 Regular Session is approved
by the voters on or before January 1, 2011, and (2) this bill is
enacted and becomes effective on or before January 1, 2011. If
Section 2.5 of this bill becomes operative, Section 2 shall not
become operative.
SEC. 4. 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.
