Bill Text: CA AB2582 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Elections omnibus bill.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-05-08 - Referred to Com. on E. & C.A. [AB2582 Detail]

Download: California-2023-AB2582-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 2582

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Introduced by Assembly Member Pellerin

February 14, 2024

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An act to amend Sections 2119 and 10223 of, to amend and repeal Section 17506 of, to add Sections 10226.3 and 10226.5 to, to repeal Sections 331 and 332 of, to repeal Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3 of, and to repeal and add Section 10226 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 2582, as introduced, Pellerin. Elections omnibus bill.

(1) Existing law establishes specific procedures for new residents and new citizens to register and vote. Existing law requires an elections official to preserve the list of new resident voters voting in accordance with these provisions for 22 months from the date of the election.

This bill would repeal the specific procedures for new residents and new citizens to register and vote. As of January 1, 2027, the bill would repeal the requirement for an elections official to preserve the list of new resident voters voting in accordance with these provisions for 22 months. The bill would make additional conforming changes.

(2) Existing law requires a candidate for municipal office to file nomination papers and affidavits, as specified.

This bill would prescribe new forms for nomination papers and affidavits and would require a candidate for municipal office to file a declaration of candidacy along with the nomination papers, as specified. The bill would require the Secretary of State to establish uniform forms for candidates for municipal office to use for these purposes.

(3) The bill would also make additional technical, nonsubstantive changes to provisions of existing law relating to elections.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 331 of the Elections Code is repealed.

331.

“New citizen” means any person who meets all requirements of an elector of, and has established residency in, the state, except that he or she will become a United States citizen after the 15th day prior to an election.

SEC. 2.

 Section 332 of the Elections Code is repealed.

332.

“New resident” means a person who meets all requirements of an elector of the State of California except that his or her residency was established subsequent to the 15th day prior to the election.

The new resident is eligible to vote for President and Vice President and for no other office.

SEC. 3.

 Section 2119 of the Elections Code is amended to read:

2119.

 (a) Except as provided in subdivision (d), (d) and Article 4.5 (commencing with Section 2170), and Chapter 5 (commencing with Section 3400) and Chapter 6 (commencing with Section 3500) of Division 3, the county elections official shall accept affidavits of registration at all times except during the 14 days immediately preceding an election, when registration shall cease for that election as to electors residing in the territory within which the election is held.

(b) Transfers of registration for an election may be made from one precinct to another precinct in the same county, from one county to another county, or for a residence address change within the same precinct at any time registration is in progress in the precinct or county to which the elector seeks to transfer. In lieu of executing a new affidavit of registration for a change of address, the county elections official shall accept a notice, a letter of the change of address signed by a voter as he or she the voter is registered, or written notice.

The former address shall be maintained with the voter record and the registration of the voter shall be immediately updated.

(c) If the reregistration or transfer is from one county to another county, the county elections official of the county in which the voter was formerly registered shall be notified and the registration of the voter shall be immediately updated.

(d) The county elections official shall accept an affidavit of registration or a notification for the forthcoming election and shall immediately update the address on the voter’s affidavit of registration accordingly if the affidavit of registration or notification is executed on or before the 15th day prior to the election and if any of the following apply:

(1) The mailed affidavit of registration or notification is postmarked on or before the 15th day prior to the election and received by mail by the county elections official before the close of the polls on election day.

(2) The affidavit of registration or notification is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.) on or before the 15th day prior to the election.

(3) The affidavit of registration or notification is delivered to the county elections official by means other than those described in paragraphs (1) and (2) on or before the 15th day prior to the election.

(4) The affidavit is submitted electronically on the Internet Web site internet website of the Secretary of State pursuant to Section 2196 on or before the 15th day prior to the election.

(e) If the registration, reregistration, or notification is executed during the 14 days before an election or is executed on or before the 15th day prior to the election, but does not meet any of the conditions set forth in subdivision (d), the registration of the voter or the update to the registration of the voter shall be immediately processed, but the voter will not be eligible to vote in that election.

(f)This section shall become operative on January 1, 2017.

SEC. 4.

 Chapter 5 (commencing with Section 3400) of Division 3 of the Elections Code is repealed.

SEC. 5.

 Chapter 6 (commencing with Section 3500) of Division 3 of the Elections Code is repealed.

SEC. 6.

 Section 10223 of the Elections Code is amended to read:

10223.

 Each nomination paper shall be accompanied by a verified statement of the candidate that he or she will accept the nomination, and will also accept the office in the event of his election. The statement shall contain a blank space wherein the candidate shall be required to fill in his or her name in the manner in which he or she wishes the same to appear on the ballot and also the designation which he or she wishes to have under his or her name on the ballot, which designation shall conform to one of the designations permitted under this code relating to the forms of ballots generally. declaration of candidacy pursuant to Section 10226.3.

SEC. 7.

 Section 10226 of the Elections Code is repealed.

10226.

The nomination papers and affidavits shall be substantially in the following form:

“NOMINATION PAPER
We, the undersigned voters of the ____ of ____ here­by nominate ____ for the office of ____ of the city:
Name		Residence

AFFIDAVITOFTHECIRCULATOR
State of California County of	⎱ ⎰	ss.
I, ______, solemnly swear (or affirm) all of the following: 1.That I am 18 years of age or older. 2.That my residence address, including street and number, is . [If no street or number exists, a designation of my residence adequate to readily ascertain its location is .] 3.That the signatures on this nomination paper were obtained between _____, 2__, and _____, 2__; that I circulated this petition and I saw the signatures on this section of the nomination papers being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be.
		(Signature)
I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at ____, on ____, 2__.

AFFIDAVITOFTHENOMINEE
State of California County of	⎱ ⎰	ss.
______ being duly sworn, says that he or she is the above-named nominee for the office of ____, that he or she will accept the office in the event of his or her election, that he or she desires his or her name to appear on the ballot as follows:
		(Print name above),
and that he or she desires the following designation to appear on the ballot under his or her name:
		(Print desired designation above),
and that his or her residence address is .
		(Print residence address as provided by affiant)
I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at ____, on ____, 2___.”

SEC. 8.

 Section 10226 is added to the Elections Code, to read:

10226.

 (a) The nomination paper shall be in substantially the following form:

NOMINATION PAPER

I, the undersigned signer for ______ for nomination to the office of ____, to be voted for at the municipal election to be held on the ____ day of ____, 20__, hereby assert as follows:

I am a resident of the municipality of ____ and registered to vote at the address shown on this paper. I am not at this time a signer of any other nomination paper of any other candidate for the above-named office, or in case there are several places to be filled in the above-named office, I have not signed more nomination papers than there are places to be filled in the above-named office. My residence is correctly set forth after my signature hereto:

Name 

Residence 

(b) The affidavit of the circulator shall read as follows:

AFFIDAVIT OF THE CIRCULATOR

I, ______, solemnly swear (or affirm) all of the following:

1.That I am 18 years of age or older.

2.That my residence address, including street and number, is
.
 [If no street or number exists, a designation of my residence adequate to readily ascertain its location is
.]

3.That the signatures on this section of the nomination paper were obtained between _____, 20__, and _____, 20__; that I circulated the petition and I witnessed the signatures on this section of the nomination paper being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be.

Signed

Subscribed and sworn to before me this ___________ day of _____________, 20__.

(SEAL)Notary Public (or other official) _____

Examined and certified by me this ___________ day of _____________, 20__.

  Elections Official

WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any nomination paper in the person’s possession which is entitled to be filed under Section 18202 of the Elections Code.

SEC. 9.

 Section 10226.3 is added to the Elections Code, to read:

10226.3.

 (a) The declaration of candidacy by a candidate shall be substantially as follows:

DECLARATION OF CANDIDACY

I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the municipal election to be held ________, 20__, and declare the following to be true:

My name is .

I want my name and occupational designation to appear on the ballot as follows: ______________________________________.

Addresses:

Residence 

    

Business  

  

Mailing

  

Telephone numbers: Day _________ Evening _________

Internet website:_______________________________________

I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, and residency).

I am at present an incumbent of the following public office

(if any) __________.

If nominated, I will accept the nomination and not withdraw.

Signature of candidate

A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California	)
County of	) ss.
	)

Subscribed and sworn to before me this ___ day of ________, 20____.

Signature of Notary Public (or other official)

Notary Public Seal

Examined and certified by me this ________ day of ________, 20____.

 County Elections Official

WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the person’s possession which is entitled to be filed under the provisions of the Elections Code Section 18202.

(b) At the discretion of the elections official, a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, 2166.7, or 2166.8 may withhold the candidate’s residence address from the declaration of candidacy. If a candidate does not state the candidate’s residence address on the declaration of candidacy, the elections official shall verify whether the candidate’s address is within the appropriate political subdivision and add the notation “verified” where appropriate on the declaration.

(c) If a candidate will not be within the State of California within the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other state official to complete their declaration of candidacy, the candidate may appear before a notary public in another sate to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notary’s state.

SEC. 10.

 Section 10226.5 is added to the Elections Code, to read:

10226.5.

 The Secretary of State shall establish uniform filing forms for candidates to use when filing nomination papers pursuant to Section 10226 and a declaration of candidacy pursuant to Section 10226.3.

SEC. 11.

 Section 17506 of the Elections Code is amended to read:

17506.

 (a) The elections official shall preserve the list of new resident voters voting pursuant to Chapter 5 (commencing with Section 3400) of Division 3 for 22 months from the date of the election.

(b) This section shall remain in effect only until January 1, 2027, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2027, deletes or extends that day.