Bill Text: CA AB2010 | 2015-2016 | Regular Session | Chaptered
Bill Title: Voter's pamphlet: electronic candidate statement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-08-17 - Chaptered by Secretary of State - Chapter 128, Statutes of 2016. [AB2010 Detail]
Download: California-2015-AB2010-Chaptered.html
BILL NUMBER: AB 2010 CHAPTERED
BILL TEXT
CHAPTER 128
FILED WITH SECRETARY OF STATE AUGUST 17, 2016
APPROVED BY GOVERNOR AUGUST 17, 2016
PASSED THE SENATE JUNE 30, 2016
PASSED THE ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE MAY 25, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 16, 2016
An act to amend Sections 13307, 13308, and 13312 of the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 2010, Ridley-Thomas. Voter's pamphlet: electronic candidate
statement.
Existing law permits a candidate for a nonpartisan elective office
in any local agency, which includes any city, county, city and
county, or district, to prepare a written statement, pursuant to
specified guidelines, to be included in a voter's pamphlet that is
mailed to each voter. Existing law requires each voter's pamphlet to
contain a notice in the heading of the first page of that pamphlet in
heavy-faced gothic type that, among other things, each candidate's
statement in the pamphlet is volunteered by the candidate. Existing
law requires an elections official to provide a Spanish translation
to those candidates who wish to have one.
Existing law authorizes a county or city elections official to
establish procedures designed to permit a voter to opt out of
receiving his or her voter's pamphlet and other related materials by
mail, and instead obtain them electronically via email or by
accessing them on the county's or city's Internet Web site, provided
specified conditions are met.
This bill would authorize the governing body of a local agency to
permit a candidate for nonpartisan elective office in the local
agency to prepare a written statement for electronic distribution if
the elections official who is conducting the election permits
electronic distribution of a candidate's statement. This bill would
require the statement to be posted on the Internet Web site of the
elections official, permit the statement to be included in a voter's
pamphlet that is electronically distributed, and prohibit the
statement from being included in a voter's pamphlet that is printed
and mailed to voters. This bill would require the elections official
to provide a Spanish translation to those candidates who wish to have
one. This bill would require the notice in the heading of the first
page of the voter's pamphlet, in certain circumstances, to specify
that additional statements are available on the Internet Web site of
the elections official, and would delete the requirement that the
notice appear in heavy-faced gothic type.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13307 of the Elections Code is amended to read:
13307. (a) (1) Each candidate for nonpartisan elective office in
any local agency, including any city, county, city and county, or
district, may prepare a candidate's statement on an appropriate form
provided by the elections official. The statement may include the
name, age, and occupation of the candidate and a brief description,
of no more than 200 words, of the candidate's education and
qualifications expressed by the candidate himself or herself.
However, the governing body of the local agency may authorize an
increase in the limitations on words for the statement from 200 to
400 words. The statement shall not include the party affiliation of
the candidate, nor membership or activity in partisan political
organizations.
(2) The statement authorized by this subdivision shall be filed in
the office of the elections official when the candidate's nomination
papers are returned for filing, if it is for a primary election, or
for an election for offices for which there is no primary. The
statement shall be filed in the office of the elections official no
later than the 88th day before the election, if it is for an election
for which nomination papers are not required to be filed. If a
runoff election or general election occurs within 88 days of the
primary or first election, the statement shall be filed with the
elections official by the third day following the governing body's
declaration of the results from the primary or first election.
(3) Except as provided in Section 13309, the statement may be
withdrawn, but not changed, during the period for filing nomination
papers and until 5 p.m. of the next working day after the close of
the nomination period.
(b) (1) The elections official shall send to each voter, together
with the sample ballot, a voter's pamphlet that contains the written
statements of each candidate that is prepared pursuant to subdivision
(a). The statement of each candidate shall be printed in type of
uniform size and darkness, and with uniform spacing.
(2) The elections official shall provide a Spanish translation to
those candidates who wish to have one, and shall select a person to
provide that translation who is one of the following:
(A) A certified and registered interpreter on the Judicial Council
Master List.
(B) An interpreter categorized as "certified" or "professionally
qualified" by the Administrative Office of the United States Courts.
(C) From an institution accredited by a regional or national
accrediting agency recognized by the United States Secretary of
Education.
(D) A current voting member in good standing of the American
Translators Association.
(E) A current member in good standing of the American Association
of Language Specialists.
(c) (1) In addition to the statement prepared pursuant to
subdivision (a), if the elections official who is conducting the
election permits electronic distribution of a candidate's statement,
the governing body of a local agency may permit each candidate for
nonpartisan elective office in the local agency to prepare a
candidate's statement for the purpose of electronic distribution
pursuant to this subdivision.
(2) A statement prepared pursuant to this subdivision shall be
posted on the Internet Web site of the elections official, and may be
included in a voter's pamphlet that is electronically distributed by
the elections official pursuant to Section 13300.7, but shall not be
included in a voter's pamphlet that is printed and mailed to voters
pursuant to subdivision (b).
(3) A statement that is printed in the voter's pamphlet and mailed
to voters pursuant to subdivision (b) shall be included with the
statement that is prepared and electronically distributed pursuant to
this subdivision.
(4) A statement that is prepared and electronically distributed
pursuant to this subdivision shall be displayed in type of uniform
size and darkness, and with uniform spacing.
(5) The elections official shall provide a Spanish translation to
those candidates who wish to have one, and shall select a person to
provide that translation who is one of the persons listed in
paragraph (2) of subdivision (b).
(d) The local agency may estimate the total cost of printing,
handling, translating, mailing, and electronically distributing a
candidate's statements filed pursuant to this section, including
costs incurred as a result of complying with the federal Voting
Rights Act of 1965, as amended. The local agency may require each
candidate filing a statement to pay in advance to the local agency
his or her estimated pro rata share as a condition of having his or
her statement included in the voter's pamphlet or electronically
distributed. In the event the estimated payment is required, the
receipt for the payment shall include a written notice that the
estimate is just an approximation of the actual cost that varies from
one election to another election and may be significantly more or
less than the estimate, depending on the actual number of candidates
filing statements. Accordingly, the local agency is not bound by the
estimate and may, on a pro rata basis, bill the candidate for
additional actual expense or refund any excess paid depending on the
final actual cost. In the event of underpayment, the local agency may
require the candidate to pay the balance of the cost incurred. In
the event of overpayment, the local agency that, or the elections
official who, collected the estimated cost shall prorate the excess
amount among the candidates and refund the excess amount paid within
30 days of the election.
(e) Nothing in this section shall be deemed to make any statement,
or the authors thereof, free or exempt from any civil or criminal
action or penalty because of any false, slanderous, or libelous
statements offered for printing or electronic distribution pursuant
to this section, or contained in the voter's pamphlet.
(f) Before the nominating period opens, the local agency for that
election shall determine whether a charge shall be levied against
that candidate for the candidate's statement sent to each voter and,
if authorized pursuant to subdivision (c), for the electronically
distributed candidate's statement. This decision shall not be revoked
or modified after the seventh day prior to the opening of the
nominating period. A written statement of the regulations with
respect to charges for handling, packaging, mailing, and electronic
distribution shall be provided to each candidate, or his or her
representative, at the time he or she picks up the nomination papers.
(g) For purposes of this section and Section 13310, the board of
supervisors shall be deemed the governing body of judicial elections.
SEC. 2. Section 13308 of the Elections Code is amended to read:
13308. In addition to the restrictions set forth in Section
13307, any candidate's statement submitted pursuant to Section 13307
shall be limited to a recitation of the candidate's own personal
background and qualifications, and shall not in any way make
reference to other candidates for that office or to another candidate'
s qualifications, character, or activities. The elections official
shall not cause to be printed, posted on an Internet Web site, or
circulated any statement that the elections official determines is
not so limited or that includes any reference prohibited by this
section.
SEC. 3. Section 13312 of the Elections Code is amended to read:
13312. (a) Each voter's pamphlet prepared pursuant to subdivision
(b) of Section 13307 shall contain a notice in the heading of the
first page, not smaller than 10-point type, that specifies both of
the following:
(1) That the pamphlet does not contain a complete list of
candidates and that a complete list of candidates appears on the
sample ballot (if any candidate is not listed in the pamphlet).
(2) That each candidate's statement in the pamphlet is volunteered
by the candidate and (if printed at the candidate's expense) is
printed at his or her expense.
(b) If a local agency has authorized each candidate for
nonpartisan elective office to prepare a candidate's statement for
the purpose of electronic distribution pursuant to subdivision (c) of
Section 13307, and if a candidate has submitted a statement for that
purpose, the notice required by subdivision (a) shall specify that
additional statements are available on the Internet Web site of the
elections official and shall include the Internet Web site address at
which the statements may be viewed.
