Bill Text: CA AB1925 | 2021-2022 | Regular Session | Amended

California Assembly Bill 1925 (Prior Session Legislation)

CA State Legislature page for AB1925

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

Bill Title: County and district offices: qualifications.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-30 - Chaptered by Secretary of State - Chapter 864, Statutes of 2022. [AB1925 Detail]

Download: California-2021-AB1925-Amended.html

Amended IN Assembly April 18, 2022

Amended IN Assembly March 24, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 1925

Introduced by Assembly Member Santiago

February 09, 2022

An act to amend Section 24001 of the Government Code, relating to local government.

LEGISLATIVE COUNSEL'S DIGEST

AB 1925, as amended, Santiago. Counties: appointed officers: qualification for office.

Existing law generally provides that a person is not eligible to hold a county or district office, unless the person is a registered voter of the county or district in which the duties of the office are to be exercised at the time nomination papers are issued to the person or at the time of the appointment to an elective office. Existing law authorizes the board of supervisors or any other legally constituted appointing authority in a county or district, if it finds that the best interests of the county or district will be served, to waive the registered voter requirement for an appointed county or district office.

This bill would, instead, provide that a person is not eligible to hold a county or district office unless, at the time of nomination or appointment, the person is a resident of the county or district and is either a citizen of the United States or a person who has specified employment authorization to work in the United States. The bill would retain that registered voter requirement for a county or district office that is also a peace officer, as specified. require the board of supervisors or any other legally constituted appointing authority in a county or district to waive the registered voter requirement for an appointed county or district office, except for an appointed county or district office that is also a peace officer or a probation officer. By establishing new eligibility rules for county and district offices, 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, 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 the statutory provisions noted above.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.Section 24001 of the Government Code is amended to read:
24001.
(a)Except as otherwise provided in Sections 27550.1 and 27641.1 or in this section, or in Section 21123 or 34711 of the Water Code, or in any landowner voting district, as defined in paragraph (8) of subdivision (b) of Section 10500 of the Elections Code, a person is not eligible to a county or district office, unless, at the time that nomination papers are issued to the person or at the time of the appointment of the person, the person is a resident of the county or district and is either of the following:
~~(1)A citizen of the United States.~~
(2)A person who has employment authorization to work in the United States, including a noncitizen national, lawful permanent resident, nonresident authorized to work, or Deferred Action for Childhood Arrivals (DACA) recipient with current, unexpired employment authorization documents.
(b)A person is not eligible for a county or district office that is also declared by law to be the office of a peace officer, including, but not limited to, as described in Section 31904, unless the person is a registered voter of the county or district in which the duties of the office are to be exercised at the time that nomination papers are issued to the person or at the time of the appointment of the person.
~~(c)~~
The board of supervisors or any other legally constituted appointing authority in a county or district may, if it finds that the best interests of the county or district will be served, waive the requirements of this section for an appointed county or district office.

SECTION 1.

Section 24001 of the Government Code is amended to read:

24001.

(a) Except as otherwise provided in Sections 27550.1 and 27641.1 or in this section, or in Section 21123 or 34711 of the Water Code, or in any landowner voting district, as defined in paragraph (8) of subdivision (b) of Section 10500 of the Elections Code, a person is not eligible to a county or district office, unless ~~he or she~~ the person is a registered voter of the county or district in which the duties of the office are to be exercised at the time that nomination papers are issued to the person or at the time of the appointment of the person.

~~The~~

(b) The board of supervisors or any other legally constituted appointing authority in a county or district ~~may, if it finds that the best interests of the county or district will be served,~~ shall waive the requirements of this section for an appointed county or district ~~office.~~ office, except for an appointed county or district office that is also a peace officer or a probation officer.

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.