Bill Text: CA SB1014 | 2019-2020 | Regular Session | Introduced
Bill Title: Recalls: Political Reform Act of 1974.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-17 - March 31 hearing postponed by committee. [SB1014 Detail]
Download: California-2019-SB1014-Introduced.html
Introduced by Senator Allen |
February 14, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 11100 of the Elections Code is amended to read:11100.
(a) This chapter applies only to the recall of state officers.SEC. 2.
The heading of Chapter 4 (commencing with Section 11300) of Division 11 of the Elections Code is amended to read:
CHAPTER
4. General Procedures: Local Officers: Final Steps in the Recall
SEC. 3.
Section 11300 is added to the Elections Code, to read:11300.
This chapter applies to the recall of local officers.SEC. 4.
Section 11300 of the Elections Code is amended and renumbered to read:11300.11300.5.
No insufficiency in a petition against any officer shall bar the later filing of a new petition against that officer.SEC. 5.
Section 11301 of the Elections Code is amended to read:11301.
If a petition is found insufficient by the electionsSEC. 6.
Section 11320 of the Elections Code is amended to read:11320.
The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officer’s party
preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officer’s name, or immediately below the officer’s name if there is not sufficient space to the right of the officer’s name, and shall appear in substantially the following form:
(1)If the officer stated a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference:____”
(inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officer’s affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.
(2)If the officer did not state a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference: None.”
(3)If the officer elects not to have the officer’s political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for
the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.
SEC. 7.
Section 11324 of the Elections Code is amended to read:11324.
(b)In the case of a recall of a state officer, the official responsible for preparing the voter information guide pursuant to subdivision (a) shall include in the voter information guide the report of estimated costs of the recall prepared by the Department of Finance pursuant to subdivision (d) of Section 11108.
SEC. 8.
Section 11325 of the Elections Code is amended to read:11325.
(a) With the voter information guide there shall be mailed, for each officer whose recall is sought, a printed copy of the following:SEC. 9.
Section 11381 of the Elections Code is amended to read:11381.
Nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election insofar as that procedure is consistent with this article. The following exceptions shall be made to that procedure:(a)For recalls of state officers, the nomination papers and the declaration of candidacy shall, in each case, be filed no less than 59 days prior to the date of the election and not before the day the order of the election is issued. The Secretary of State shall certify the names of the candidates to be placed on the ballot by the 55th day prior to the election.
(b)For recalls of local officers, the
(c)
SEC. 10.
Chapter 5 (commencing with Section 11390) is added to Division 11 of the Elections Code, to read:CHAPTER 5. State Officers: Final Steps in the Recall
Article 1. General Provisions
11390.
This chapter applies to the recall of state officers.11390.5.
No insufficiency in a petition against any officer shall bar the later filing of a new petition against that officer.11391.
If a petition is found insufficient by the Secretary of State, the petition signatures may be examined in accordance with Section 6253.5 of the Government Code.11391.5.
(a) Except as described in paragraph (3) of subdivision (b) and subdivision (c), if a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election shall proceed.11392.
A voter who has signed a recall petition shall have the voter’s signature withdrawn from the petition upon filing a written request that includes the voter’s name, residence address, and signature with the elections official prior to the day the petition section bearing the voter’s signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.Article 2. Ballots
11393.
(a) The following shall appear on the ballots at every recall election for a judge of the Supreme Court or a court of appeal, with respect to each officer sought to be recalled:11393.5.
(a) The following shall appear on the ballots at every recall election for an officer other than a judge of the Supreme Court or a court of appeal, with respect to each officer sought to be recalled:11394.
(a) The official responsible for preparing the ballot shall, at least 10 days before the recall election, mail a voter information guide to each registered voter of the electoral jurisdiction of the officer sought to be recalled.11394.5.
(a) With the voter information guide there shall be mailed, for each officer whose recall is sought, a printed copy of the following:Article 3. Elections in General
11395.
A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by law for a regular election for the office.11395.5.
One election is sufficient for the recall of several officers.Article 4. Recall Elections
11396.
(a) Except as provided in subdivision (b), nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election insofar as that procedure is consistent with this article.11396.5.
For a recall election for a judge of the Supreme Court or a court of appeal:11397.
For a recall election for an officer other than a judge of the Supreme Court or a court of appeal:SEC. 11.
Section 85315 of the Government Code, as added by Section 12 of Chapter 556 of the Statutes of 2019, is amended to read:85315.
(a) Notwithstanding any other provision of this chapter, an elected state, county, or city officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state, county, or city officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code.(d)This section shall become operative on January 1, 2021.