Bill Text: CA AB477 | 2015-2016 | Regular Session | Chaptered
Bill Title: Elections: ballots and the Green Party.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2015-10-10 - Chaptered by Secretary of State - Chapter 726, Statutes of 2015. [AB477 Detail]
Download: California-2015-AB477-Chaptered.html
BILL NUMBER: AB 477 CHAPTERED
BILL TEXT
CHAPTER 726
FILED WITH SECRETARY OF STATE OCTOBER 10, 2015
APPROVED BY GOVERNOR OCTOBER 10, 2015
PASSED THE SENATE SEPTEMBER 3, 2015
PASSED THE ASSEMBLY SEPTEMBER 10, 2015
AMENDED IN SENATE SEPTEMBER 1, 2015
AMENDED IN SENATE AUGUST 31, 2015
AMENDED IN SENATE JULY 1, 2015
AMENDED IN ASSEMBLY APRIL 8, 2015
INTRODUCED BY Assembly Member Mullin
FEBRUARY 23, 2015
An act to amend Sections 3019 and 6901 of, to add Chapter 5
(commencing with Section 6850) to Part 1 of Division 6 of, and to add
Part 6 (commencing with Section 7900) to Division 7 of, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 477, Mullin. Elections: ballots and the Green Party.
(1) Upon receipt of a vote by mail ballot and to determine if the
signatures compare, existing law requires an elections official to
compare the signature on the identification envelope with either (A)
the signature appearing on the voter's affidavit of registration or a
previous affidavit of registration of the voter, or (B) the
signature appearing on a form issued by an elections official that
contains the voter's signature, that is part of the voter's
registration record, and that the elections official has determined
compares with the signature on the voter's affidavit of registration
or a previous affidavit of registration of the voter. If the
signatures do not compare, existing law requires the identification
envelope to not be opened, the ballot to not be counted, and the
cause of the rejection to be written on the face of the
identification envelope.
This bill would strike the requirement that an elections official,
in comparing the signatures on the identification envelope, as
described in (B) above, determine that the signature appearing on a
form issued by the elections official that contains the voter's
signature compares with the signature on the voter's affidavit of
registration or a previous affidavit of registration of the voter. If
an elections official determines that a voter has failed to sign the
identification envelope, the bill would prohibit the elections
official from rejecting the vote by mail ballot if the voter signs
the identification envelope at the elections official's office before
5 p.m. on the 8th day after the election, completes and submits an
unsigned ballot statement, as specified, before 5 p.m. on the 8th day
after the election, or completes and submits an unsigned ballot
statement to a polling place within the county or a ballot dropoff
box before the close of the polls on election day. The bill would
require the elections official to accept any completed unsigned
ballot statement. The bill would require the elections official, upon
receipt of the unsigned ballot statement, to compare the voter's
signature on the statement, as described above, and, if the
signatures compare, would require the elections official to attach
the statement to the identification envelope and deposit the ballot,
still in the identification envelope, in a ballot container in his or
her office. The bill would require the identification envelope to
not be opened and the ballot to not be counted if the elections
official determines that the signatures do not compare. The bill
would also require an elections official to include the unsigned
ballot statement and instructions, and certain contact information,
on his or her Internet Web site. By requiring elections officials to
take additional actions related to vote by mail ballots, the bill
would impose a state-mandated local program.
(2) Existing law provides for specific procedures by which the
Democratic Party, the Republican Party, the American Independent
Party, and the Peace and Freedom Party participate in the
presidential primary.
This bill would establish the procedures by which the Green Party
would participate in the presidential primary.
Existing law authorizes the Democratic Party, the Republican
Party, the American Independent Party, and the Peace and Freedom
Party to each elect county central committees. Existing law
establishes state central committees for the Democratic Party, the
Republican Party, the American Independent Party, and the Peace and
Freedom Party.
This bill would authorize the Green Party to establish, by
election, county councils. The bill would also establish a state
coordinating committee for the Green Party.
(3) This bill would incorporate additional changes to Section 3019
of the Elections Code, proposed by AB 1020, that would become
operative only if AB 1020 and this bill are both chaptered and become
effective on or before January 1, 2016, and this bill is chaptered
last.
(4) 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 3019 of the Elections Code is amended to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine if the signatures compare:
(1) The signature appearing on the voter's affidavit of
registration or a previous affidavit of registration of the voter.
(2) The signature appearing on a form issued by an elections
official that contains the voter's signature and that is part of the
voter's registration record.
(b) In comparing signatures pursuant to subdivision (a), the
elections official may use the duplicate file of affidavits of
registered voters or facsimiles of voters' signatures if the method
of preparing and displaying the facsimiles complies with the law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification envelope shall not be opened and
the ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) In comparing signatures pursuant to this section, an elections
official may use signature verification technology. If signature
verification technology determines the signatures do not compare, the
elections official shall not reject the ballot unless he or she
visually examines the signatures and verifies that the signatures do
not compare.
(f) (1) (A) Notwithstanding any other law, if an elections
official determines that a voter has failed to sign the
identification envelope, the elections official shall not reject the
vote by mail ballot if the voter does any of the following:
(i) Signs the identification envelope at the office of the
elections official during regular business hours before 5 p.m. on the
eighth day after the election.
(ii) Before 5 p.m. on the eighth day after the election, completes
and submits an unsigned ballot statement in substantially the
following form:
""UNSIGNED BALLOT STATEMENT
I,__, am a registered voter of __________ County,
State of California. I do solemnly swear (or
affirm) that I requested and returned a vote by
mail ballot and that I have not and will not
vote more than one ballot in this election. I
understand that if I commit or attempt any fraud
in connection with voting, or if I aid or abet
fraud or attempt to aid or abet fraud in
connection with voting, I may be convicted of a
felony punishable by imprisonment for 16 months
or two or three years. I understand that my
failure to sign this statement means that my
vote by mail ballot will be invalidated.
______________________
Voter's Signature
___________________
Address''
(iii) Before the close of the polls on election day, completes and
submits an unsigned ballot statement, in the form described in
clause (ii), to a polling place within the county or a ballot dropoff
box.
(B) If timely submitted, the elections official shall accept any
completed unsigned ballot statement. Upon receipt of the unsigned
ballot statement, the elections official shall compare the voter's
signature on the statement in the manner provided by this section.
(i) If the elections official determines that the signatures
compare, he or she shall attach the unsigned ballot statement to the
identification envelope and deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(ii) If the elections official determines that the signatures do
not compare, the identification envelope shall not be opened and the
ballot shall not be counted.
(C) An elections official may use methods other than those
described in subparagraph (A) to obtain a voter's signature on an
unsigned identification envelope.
(2) Instructions shall accompany the unsigned ballot statement in
substantially the following form:
""READ THESE INSTRUCTIONS CAREFULLY BEFORE
COMPLETING THE STATEMENT. FAILURE TO
FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT
NOT TO COUNT.
1. In order to ensure that your vote by mail
ballot will be counted, your statement should be
completed and returned as soon as possible so
that it can reach the elections official of the
county in which your precinct is located no
later than 5 p.m. on the eighth day after the
election.
2. You must sign your name on the line above
(Voter's Signature).
3.Place the statement into a mailing envelope
addressed to your local elections official.
Mail, deliver, or have delivered the completed
statement to the elections official. Be sure
there is sufficient postage if mailed and that
the address of the elections official is
correct.
4. Alternatively, you may submit your completed
statement by facsimile transmission to your
local elections official, or submit your
completed statement to a polling place within
the county or a ballot dropoff box before the
close of the polls on election day.
(3) An elections official shall include the unsigned ballot
statement and instructions described in this subdivision on his or
her Internet Web site, and shall provide the elections official's
mailing address and facsimile transmission number on the Internet Web
page containing the statement and instructions.
(g) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be
rejected for cause after the identification envelope has been opened.
SEC. 1.5. Section 3019 of the Elections Code is amended to read:
3019. (a) Upon receipt of a vote by mail ballot, the elections
official shall compare the signature on the identification envelope
with either of the following to determine if the signatures compare:
(1) The signature appearing on the voter's affidavit of
registration or any previous affidavit of registration of the voter.
(2) The signature appearing on a form issued by an elections
official that contains the voter's signature and that is part of the
voter's registration record.
(b) In comparing signatures pursuant to subdivision (a), the
elections official may use facsimiles of voters' signatures, if the
method of preparing and displaying the facsimiles complies with the
law.
(c) (1) If upon conducting the comparison of signatures pursuant
to subdivision (a) the elections official determines that the
signatures compare, he or she shall deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(2) If upon conducting the comparison of signatures pursuant to
subdivision (a) the elections official determines that the signatures
do not compare, the identification envelope shall not be opened and
the ballot shall not be counted. The cause of the rejection shall be
written on the face of the identification envelope.
(d) The variation of a signature caused by the substitution of
initials for the first or middle name, or both, shall not be grounds
for the elections official to determine that the signatures do not
compare.
(e) In comparing signatures pursuant to this section, an elections
official may use signature verification technology. If signature
verification technology determines the signatures do not compare, the
elections official shall not reject the ballot unless he or she
visually examines the signatures and verifies that the signatures do
not compare.
(f) (1) (A) Notwithstanding any other law, if an elections
official determines that a voter has failed to sign the
identification envelope, the elections official shall not reject the
vote by mail ballot if the voter does any of the following:
(i) Signs the identification envelope at the office of the
elections official during regular business hours before 5 p.m. on the
eighth day after the election.
(ii) Before 5 p.m. on the eighth day after the election, completes
and submits an unsigned ballot statement in substantially the
following form:
""UNSIGNED BALLOT STATEMENT
I,__, am a registered voter of __________ County,
State of California. I do solemnly swear (or
affirm) that I requested and returned a vote by
mail ballot and that I have not and will not
vote more than one ballot in this election. I
understand that if I commit or attempt any fraud
in connection with voting, or if I aid or abet
fraud or attempt to aid or abet fraud in
connection with voting, I may be convicted of
a felony punishable by imprisonment for 16
months or two or three years. I understand that
my failure to sign this statement means that my
vote by mail ballot will be invalidated.
______________________
Voter's Signature
___________________
Address''
(iii) Before the close of the polls on election day, completes and
submits an unsigned ballot statement, in the form described in
clause (ii), to a polling place within the county or a ballot dropoff
box.
(B) If timely submitted, the elections official shall accept any
completed unsigned ballot statement. Upon receipt of the unsigned
ballot statement, the elections official shall compare the voter's
signature on the statement in the manner provided by this section.
(i) If the elections official determines that the signatures
compare, he or she shall attach the unsigned ballot statement to the
identification envelope and deposit the ballot, still in the
identification envelope, in a ballot container in his or her office.
(ii) If the elections official determines that the signatures do
not compare, the identification envelope shall not be opened and the
ballot shall not be counted.
(C) An elections official may use methods other than those
described in subparagraph (A) to obtain a voter's signature on an
unsigned identification envelope.
(2) Instructions shall accompany the unsigned ballot statement in
substantially the following form:
""READ THESE INSTRUCTIONS CAREFULLY BEFORE
COMPLETING THE STATEMENT. FAILURE TO FOLLOW
THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT
NOT TO COUNT.
1. In order to ensure that your vote by mail
ballot will be counted, your statement should be
completed and returned as soon as possible so
that it can reach the elections official of the
county in which your precinct is located no
later than 5 p.m. on the eighth day after the
election.
2. You must sign your name on the line above
(Voter's Signature).
3.Place the statement into a mailing envelope
addressed to your local elections official.
Mail, deliver, or have delivered the completed
statement to the elections official. Be sure
there is sufficient postage if mailed and that
the address of the elections official is correct.
4. Alternatively, you may submit your
completed statement by facsimile transmission to
your local elections official, or submit your
completed statement to a polling place within
the county or a ballot dropoff box before the
close of the polls on election day.
(3) An elections official shall include the unsigned ballot
statement and instructions described in this subdivision on his or
her Internet Web site, and shall provide the elections official's
mailing address and facsimile transmission number on the Internet Web
page containing the statement and instructions.
(g) A ballot shall not be removed from its identification envelope
until the time for processing ballots. A ballot shall not be
rejected for cause after the identification envelope has been opened.
SEC. 2. Chapter 5 (commencing with Section 6850) is added to Part
1 of Division 6 of the Elections Code, to read:
CHAPTER 5. GREEN PARTY PRESIDENTIAL PRIMARY
Article 1. General Provisions
6850. This chapter applies to the presidential primary ballot of
the Green Party only. As used in this chapter, "Green Party" means
the Green Party of California.
6850.5. The Green Party presidential primary ballot shall express
the presidential preference of California voters who vote in the
Green Party primary. National convention delegates shall be selected
as provided for in the bylaws and the rules and procedures of the
Green Party and pursuant to the rules of the national political party
with which the Green Party is affiliated.
6850.7. A filing fee shall not be required from a person to be
voted for in a Green Party presidential primary.
Article 2. Qualification of Candidates for Presidential
Preference Portion of Primary Ballot
6851. The Secretary of State shall place the name of a candidate
upon the Green Party presidential preference ballot when the
Secretary of State has determined that the candidate is generally
advocated for or recognized throughout the United States or
California as actively seeking the presidential nomination of the
Green Party or the national political party with which the Green
Party is affiliated.
6851.5. On or before the 150th day preceding a presidential
primary election, the Secretary of State shall send a letter by
first-class mail to the Green Party Liaison to the Secretary of State
informing her or him that, while a response is not required, any
information she or he wishes to submit will be considered by the
Secretary of State in the determination of candidates to be placed on
the Green Party presidential preference primary ballot pursuant to
Section 6851.
6852. On or before the 120th day preceding a presidential primary
election, the Secretary of State shall publicly announce and
distribute to the news media for publication a list of the candidates
she or he intends to place on the ballot at the following
presidential primary election. Following this announcement, the
Secretary of State may add candidates to her or his selection, but
she or he may not delete any candidate whose name appears on the
announced list. The Secretary of State shall mail a copy of the list
and any subsequent additions to the list to the Green Party Liaison
to the Secretary of State.
6852.5. When the Secretary of State decides to place the name of
a candidate on the ballot pursuant to Sections 6851 and 6852, the
Secretary of State shall notify the candidate that her or his name
will appear on the Green Party presidential preference primary
ballot.
6853. If a selected candidate or an unselected candidate files
with the Secretary of State, no later than the 68th day before the
presidential primary, an affidavit stating without qualification that
she or he is not a candidate for the office of President of the
United States at the forthcoming presidential primary election, the
name of that candidate shall be omitted from the list of names
certified by the Secretary of State to the elections official for the
ballot and the name of that candidate shall not appear on the
presidential preference portion of the primary ballot.
6853.5. An unselected candidate desiring to have her or his name
placed on the presidential preference primary ballot shall have
nomination papers circulated on her or his behalf. In order to
qualify the name of that candidate for placement on the presidential
preference primary ballot, the nomination papers of the candidate
shall be signed by voters registered as preferring the Green Party
equal in number to not less than 1 percent of the number of persons
registered as preferring the Green Party as reflected in the report
of registration issued by the Secretary of State on the 135th day
before the presidential primary election.
Article 3. Preparation, Circulation, and Filing of Nominating
Papers
6854. This article applies to the nomination of a Green Party
candidate for the presidential primary ballot.
6854.5. Nomination papers properly prepared, circulated, signed,
and verified shall be left, for examination, with the elections
official of the county in which they are circulated at least 74 days
before the presidential primary.
6855. Each signer of a nomination paper for the presidential
primary ballot may sign only one paper. The signer shall add her or
his printed name and place of residence indicating city and giving
the street and number, if any.
6855.5. A nomination paper may be presented in sections. Each
section shall contain the name of the presidential preference
candidate. Each section shall bear the name of the county in which it
is circulated. Only voters of the county registered as preferring
the Green Party are competent to sign.
6856. Each section shall be prepared with the lines for
signatures numbered, and shall have attached the declaration of the
circulator who obtained signatures to it, which shall meet all of the
requirements of Section 104. No other declaration is required to be
made.
6856.5. A verified nomination paper is prima facie evidence that
the signatures are genuine and that the persons signing it are voters
registered as preferring the Green Party until it is otherwise
proven by comparison of the signatures with the affidavits of
registration in the office of the elections official.
6857. The nomination paper for a candidate for the presidential
preference portion of the ballot shall be in substantially the
following form:
SECTION OF NOMINATION PAPER SIGNED BY VOTER ON
BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE
Section ____________ Page ____________
County of __________.
Nomination paper of a presidential
preference candidate for the Green Party
presidential primary ballot.
State of )
California ) ss.
County of ______
SIGNER'S STATEMENT
I, the undersigned, am a voter of the County of
____________, State of California, and am
registered as preferring the Green Party. I hereby
nominate ____________ for the presidential
preference portion of the Green Party's
presidential primary ballot, to be voted for at
the presidential primary to be held on
the____________ day of ____________, 20____. I
have not signed the nomination paper of any other
candidate for the same office.
Number_________Signature_________Printed
name_________Residence
___________________________________________________
1. ______________________________________________
2. ______________________________________________
3. ______________________________________________
etc.
CIRCULATOR'S DECLARATION
I, ________, affirm all of the following:
1. That I am 18 years of age or older.
2. That my residence address, including street
number,
is
__________________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
_________________________________________________.)
3. That I secured signatures in the County of
________ to the nomination paper of a candidate in
the presidential preference primary of the Green
Party, that all the signatures on this section of
the nomination paper numbered from 1 to ______,
inclusive, were made in my presence, that
the signatures were obtained between ____________,
20__, and ____________, 20__, and that to the best
of my knowledge and belief each signature is the
genuine signature of the person whose name it
purports to be.
I declare under penalty of perjury that the
foregoing is true and correct.
Executed at ________, California, this ____ day of
____, 20__.
(Signed) ______________________________
Circulator
(Printed Name) _____________________________
6857.5. Before filing, the sections of a nomination paper for a
candidate shall be numbered in order.
6858. Nomination papers, properly assembled, may be consolidated
and fastened together by counties, but nomination papers signed by
voters in different counties shall not be fastened together.
6858.5. The elections official shall examine all nomination
papers left with her or him for examination and shall disregard and
mark "not sufficient" the name of any voter of that county that does
not appear in the same handwriting on an affidavit of registration in
the office of the elections official. The elections official shall
also disregard and mark "not sufficient" the name of any voter of the
county who is not registered as preferring the Green Party.
6859. Within five days after any nomination papers are left with
the elections official for examination, the elections official shall
do both of the following:
(a) Examine and affix to them a certificate reciting that she or
he has examined them and stating the number of names that have not
been marked "not sufficient."
(b) Transmit the papers with the certificate of examination to the
Secretary of State, who shall file the papers.
6859.5. The certificate of the elections official to nomination
papers of a candidate shall be in substantially the following form:
CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO
NOMINATION
PAPERS OF A CANDIDATE
To the Secretary of State:
I, County Elections Official of the County of
______, hereby certify that I have examined the
nomination papers, to which this
certificate is attached, of the presidential
candidate, and that the number of names which I
have not marked ""not sufficient'' is
_______.
The candidate named in the nomination papers is
comprised of the following:
___________________________________________________
____
Dated this ________ day of ________, 20___.
________________________
(SEAL) County Elections Official
By _____________
Deputy
6860. Upon receipt of a sufficient number of signatures for the
nomination of a candidate for the presidential preference primary
ballot, the Secretary of State shall notify the candidate or her or
his duly authorized representative of that fact.
Article 4. Green Party Presidential Primary Ballot
6861. Following the filing of nomination papers, the presidential
preference primary candidates shall be printed upon the ballot.
6861.5. For the presidential primary election, the format of the
Green Party ballot shall be governed by Chapter 2 (commencing with
Section 13100) of Division 13, with the following exceptions:
(a) The heading "Presidential Candidate Preference" shall be
included.
(b) Selected and unselected presidential candidates shall be
listed below the heading specified in subdivision (a).
(c) The instructions to voters shall begin with the words "Vote
for a candidate." The instructions to voters shall also include the
statement that "Delegates to the national convention will be selected
after the primary election."
6862. A person who believes her or his name may be used as a
write-in candidate for President of the United States shall, no later
than 21 days before the primary election, file an endorsement of her
or his write-in candidacy with the Secretary of State, or no votes
shall be counted for that write-in candidate.
Article 5. Certification of National Convention Delegates
Election and Postelection Proceedings
6863. The number of delegates to be selected following the
presidential preference primary shall be the number established by
the national political party with which the Green Party is
affiliated.
6863.5. National convention delegates shall be selected as
provided for in the bylaws and the rules and procedures of the Green
Party and pursuant to the rules of the national political party with
which the Green Party is affiliated.
Article 6. Presidential Electors
6864. In each year of the general election at which electors of
President and Vice President of the United States are to be chosen,
the Green Party shall also nominate as the candidates of its party as
many electors of President and Vice President of the United States
as the state is then entitled, 50 percent of whom shall be women and
50 percent men, unless an odd number of electors is to be chosen, in
which case the difference between the number of women and men shall
be not more than one elector. The Green Party Liaison to the
Secretary of State shall certify the name of each elector nominated,
and the elector's residence address to the Secretary of State.
SEC. 3. Section 6901 of the Elections Code is amended to read:
6901. Whenever a political party, in accordance with Section
6864, 7100, 7300, 7578, or 7843, submits to the Secretary of State
its certified list of nominees for electors of President and Vice
President of the United States, the Secretary of State shall notify
each candidate for elector of his or her nomination by the party. The
Secretary of State shall cause the names of the candidates for
President and Vice President of the several political parties to be
placed upon the ballot for the ensuing general election.
SEC. 4. Part 6 (commencing with Section 7900) is added to Division
7 of the Elections Code, to read:
PART 6. Green Party
CHAPTER 1. GENERAL PROVISIONS
7900. This part applies to the organization, operations, and
functions of the party known as the Green Party. As used in this
part, "Green Party" means the Green Party of California.
CHAPTER 2. MEMBERS OF COUNTY COUNCILS
7901. At each presidential primary election, members of central
committees, which shall be termed "county councils," shall be elected
in each county.
7902. For purposes of this chapter, the registration figures used
shall be those taken from the statement of voters and their
political preferences transmitted by the elections officials to the
Secretary of State on or before March 1 of the odd-numbered year
preceding the next presidential primary election.
7903. The number of members of the county council to be elected
in a county shall be a minimum of three and a maximum of 50, and the
process in which each county's number shall be calculated shall be
defined in the Green Party's bylaws and, to be effective, shall be
communicated to the Secretary of State by the Green Party Liaison to
the Secretary of State no later than 175 days before the next
presidential primary election.
7904. At its first meeting following the presidential primary
election and at subsequent meetings, a county council may appoint
additional members to the county
council to fill any vacancy.
7905. A person shall not be appointed to membership on a county
council who is registered as preferring another party or registered
as "No Party Preference." Appointment of other persons who cannot
register to vote shall be allowed under certain circumstances as
described in state Green Party bylaws and any applicable county Green
Party bylaws.
7906. The removal of residence by an elected or appointed member
of a county council from the applicable county shall constitute
automatic resignation from the county council.
7907. A member of a county council who changes her or his voter
registration to no longer prefer the Green Party shall automatically
be removed from office upon such registration.
7908. County council members additionally may be removed for
cause by procedures established in the Green Party's bylaws.
7909. When a person is appointed to a county council, the county
council shall file notices of the appointment with the county
elections official and the coordinating committee of the Green Party
within 30 days after the appointment is made. The notices shall
contain the name and address of the person appointed and shall
indicate the date of the appointment.
7910. The Department of General Services shall permit any county
council that desires to do so to hold meetings in a state building
within the county, and a minimum of one meeting each month shall be
without charge.
CHAPTER 3. ELECTION OF COUNTY COUNCILS
7911. Members of county councils shall be elected from one or
more multi-member districts. Multimember districts shall conform to
the county boundaries or recognized jurisdictional boundaries of
Congressional, State Assembly, State Senate, or Supervisorial
districts within that county, in accordance with state Green Party
bylaws and county Green Party bylaws.
7912. The Secretary of State, no later than the 175th day before
the presidential primary election, shall compute the number of
members of a county council to be elected in each county and shall
mail a certificate to that effect to the elections official of each
county and to the Green Party Liaison to the Secretary of State.
7913. The elections official, no later than the 172nd day before
the presidential primary election, shall compute the number of
members of a county council to be elected in each district if the
election of the members is to be by district pursuant to this
chapter.
7914. In each county, the name of each candidate for member of a
county council shall appear on the ballot only if she or he is
registered as preferring the Green Party and has filed a nomination
paper pursuant to Chapter 5 (commencing with Section 6850) of Part 1
of Division 6, signed on the candidate's behalf by Green Party voters
of the county council election district in which she or he is a
candidate.
7915. In counties where members of county councils are to be
elected by district, a person seeking election as a member of a
county council may seek election only in the district in which she or
he resides.
7916. Notwithstanding any other provision of this code, a person
may obtain and circulate nomination papers for both nomination to a
public office and for election as a member of a county council.
7917. Notwithstanding any other provision of this code, the
number of sponsors that shall be required of a person to be a
candidate for member of a county council shall be either not less
than 20 sponsors, or not less than 2 percent of the number of voters
registered as preferring the Green Party in the county council
election district, whichever is less.
7918. Notwithstanding any other provision of this code, each
sponsor is entitled to sponsor as many candidates as there are seats
in the district. Candidate names listed on a single sponsor's
certificate, and the signatures on the certificate shall count toward
the sponsor requirement of each and every candidate whose name is
listed on the certificate. The number of candidates having their
names on a sponsor's certificate shall not exceed the number of
members of a county council to be elected in the district.
7919. The elections official of each county shall include the
office of member of county council and the candidates for the office
in a place and manner similar to that for the office of county
central committee of other political parties and the candidates for
that office on the applicable official lists.
7920. The order of appearance of the names of the candidates for
member of county council on the ballot shall be determined by a
public drawing held at the time, place, and manner prescribed for
determining the order of names of county central committee members
pursuant to Chapter 2 (commencing with Section 13100) of Division 13.
7921. The office of member of county council shall be placed on
the presidential primary ballot under the heading "Party County
Council" in the place and manner designated for the office of county
central committee pursuant to Chapter 2 (commencing with Section
13100) of Division 13. The subheading printed under party central
committees on the presidential primary ballot shall be in
substantially the following form: Member of Green Party County
Council, ___the __________ District or Member of the Green Party
County Council, _______ County.
7922. Except as otherwise provided in this section, the votes
cast for each candidate for member of county council shall be
included in the canvass and statement of results in a manner similar
to the vote for each candidate for county central committees pursuant
to Division 15 (commencing with Section 15000), and specifically:
(a) The final total of votes cast for each candidate for member of
county council, including the name, address, and ballot designation
of each such candidate, and a specification as to which candidates
were declared elected shall be certified to the Secretary of State
without delay upon completion of the official canvass. The county
clerk shall simultaneously send one copy of this final certification
to the Green Party Liaison to the Secretary of State.
(b) As soon as practicable after the presidential primary
election, the Secretary of State shall prepare a certified list, by
county, of all elected Green Party members of county councils,
including their addresses and primary election ballot designations.
The Secretary of State shall send copies of the list to the registrar
of voters in each county no later than 45 days following the
presidential primary election. This list shall be maintained for
public inspection by the registrars of voters in each county until a
subsequent list is received.
(c) The Secretary of State, no later than 45 days following the
presidential primary election, shall send a notice by mail to each of
the elected members of county councils that informs the person that
she or he has been elected as a member of the county council. The
Secretary of State shall send a copy of the certified list of all
elected members of all county councils to the Green Party Liaison to
the Secretary of State.
7923. Notwithstanding any other provision of this code, a
write-in candidate for member of county council shall not be declared
elected unless the write-in candidate has received a number of votes
equal to or greater than 2 percent of the number of party members
voting in the county council election district at the presidential
primary or 20 votes, whichever is less.
CHAPTER 4. STATE COORDINATING COMMITTEE
7924. The members of the state coordinating committee shall be
elected as provided in the Green Party bylaws and shall have the
responsibilities described in those bylaws.
7925. A person shall not be a member of the state coordinating
committee unless she or he is registered as a voter preferring the
Green Party.
7926. The state coordinating committee shall hold meetings at
least once during each year.
7927. (a) The state coordinating committee shall have the
authority to certify, as provided by Green Party bylaws, county
council members in the following counties:
(1) Counties where no county council candidates qualified for the
ballot in the preceding presidential primary election.
(2) Counties where all members of the county council have become
disqualified from holding office.
(b) County council members certified pursuant to this section
shall meet the qualifications otherwise required for county council
members. County council members certified pursuant to this section
shall be reported by the state coordinating committee to the
applicable county elections officials. County council members
certified under this section shall have all the powers and privileges
otherwise afforded to county councils.
7928. The state coordinating committee shall communicate in
writing to the Secretary of State the identity of the Green Party
Liaison to the Secretary of State.
SEC. 5. Section 1.5 of this bill incorporates amendments to
Section 3019 of the Elections Code proposed by both this bill and
Assembly Bill 1020. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2016, (2)
each bill amends Section 3019 of the Elections Code, and (3) this
bill is enacted after Assembly Bill 1020, in which case Section 1 of
this bill shall not become operative.
SEC. 6. 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.
