Bill Text: CA AB372 | 2015-2016 | Regular Session | Amended

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Bill Title: Elections: write-in candidates.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-02-01 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB372 Detail]

Download: California-2015-AB372-Amended.html

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BILL NUMBER: AB 372	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2015

INTRODUCED BY   Assembly Member Bigelow

                        FEBRUARY 17, 2015

   An act to amend Section 8604 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 372, as amended, Bigelow. Elections: write-in candidates.
   Existing law generally prohibits requiring write-in candidates for
office to pay a fee or charge. Existing law requires other
candidates to pay a filing fee or to submit a petition containing
signatures of registered voters in lieu of a filing fee, as
specified.
   This bill would require write-in candidates for a voter-nominated
office who advance to the general election to pay the prescribed
filing fee in order to appear on the general election ballot. 
This bill would also permit a candidate who alleges to be indigent
and unable to pay the requisite fee to submit a statement of
financial worth to the Secretary of State for consideration. This
bill would require the Secretary of State to furnish the statement of
financial worth   to a candidate within a prescribed period
and to determine whether a candidate who has submitted the statement
is in fact indigent. This bill would require a candidate found not
to be indigent to pay the filing fee within a prescribed time. This
bill would also specify that a candidate found to be indigent is not
required to pay the fee to appear on the ballot. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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

  SECTION 1.  Section 8604 of the Elections Code is amended to read:
   8604.  (a) Except as provided in Section 10228 and in subdivision
(b), a fee or charge shall not be required of a write-in candidate.
   (b) A write-in candidate for a voter-nominated office who receives
the highest or second highest number of votes cast at the primary
election shall  , at least eighty-eight days before the election,
 pay the filing fee prescribed by Section 8103 to the Secretary
of State to appear on the ballot at the ensuing general election.

   (c) Notwithstanding subdivision (b), if a candidate alleges to be
indigent and unable to pay the fee required by subdivision (b), the
candidate shall submit to the Secretary of State a statement of
financial worth to be used in determining whether or not he or she is
eligible to appear on the ballot at the ensuing general election
without paying the filing fee.  
   (d) (1) The Secretary of State shall furnish the statement of
financial worth, which may include questions relating to the
candidate's employer, income, real estate holdings, tangible personal
property, and financial obligations, beginning one hundred
fifty-five days before the election. The statement of financial worth
shall be made available until ninety-six days before the election.
 
   (2) A candidate shall do all of the following with respect to the
statement of financial worth:  
   (A) Submit his or her completed statement to the Secretary of
State no later than ninety-six days before the election.  
   (B) Certify the content of the statement as to its truth and
correctness under penalty of perjury.  
   (C) Sign a release form of the candidate's most recent federal
income tax report.  
   (e) Upon receipt of a statement of financial worth, the Secretary
of State shall, at least ninety days before the election, determine
whether or not the candidate is indigent. The Secretary of State
shall notify the candidate of its findings.  
   (f) (1) If the Secretary of State determines that the candidate is
not indigent, the candidate shall pay the requisite fee at least
eighty-eight days before the election.  
   (2) If the Secretary of State determines that the candidate is
indigent, the candidate shall not be required to pay the fee and
shall appear on the ballot at the ensuing general election.