Bill Text: CA SB1043 | 2013-2014 | Regular Session | Introduced

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

---

Bill Title: Elections: in-lieu-filing-fee and political party qualification petitions: penal provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-29 - Ordered to inactive file on request of Assembly Member V. Manuel Pérez. [SB1043 Detail]

Download: California-2013-SB1043-Introduced.html

---

BILL NUMBER: SB 1043	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Torres

                        FEBRUARY 18, 2014

   An act to amend Sections 5100, 18201, 18202, 18203, 18204, 18600,
18601, 18603, 18604, 18610, 18611, 18612, 18613, 18614, 18620, 18621,
18622, 18630, 18631, 18640, 18650, 18660, and 18661 of, and to add
Section 338.5 to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1043, as introduced, Torres. Elections: in-lieu-filing fee and
political party qualification petitions: penal provisions.
   Existing law authorizes a party to qualify to participate in any
primary election if specified requirements are met, including the
filing with the Secretary of State a petition signed by voters
declaring that the voters represent a proposed party desiring to
participate in that primary election.
   This bill would define the term "political party qualification
petition" for these purposes to mean a petition circulated to qualify
a political party in accordance with existing procedures.
   Existing law provides that a person committing specified
activities relating to the circulation, subscription, or signature of
an initiative, referendum, or recall petition is guilty of a
misdemeanor or felony or subject to a fine or imprisonment or both
that fine and imprisonment.
   This bill would additionally provide that a person committing
these specified activities in relation to the circulation,
subscription, or signature of a political party qualification
petition would be subject to the above penal provisions.
   Existing law authorizes a candidate to submit a petition
containing signatures of registered voters in lieu of a filing fee,
as specified. Existing law also provides that any person who commits
specified fraudulent or deliberate activities relating to the filing
of any nomination paper or declaration of candidacy is guilty of a
misdemeanor or subject to a fine or imprisonment, or both that fine
and imprisonment.
   This bill would additionally provide that a person committing
these specified activities in relation to the submission of an
in-lieu-filing fee petition would be subject to the penal provisions
specified above. By creating additional crimes, this bill would
impose a state-mandated local program.
   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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 338.5 is added to the Elections Code, to read:
   338.5.  "Political party qualification petition" means a petition
circulated to qualify a political party in accordance with Division 5
(commencing with Section 5000).
  SEC. 2.  Section 5100 of the Elections Code is amended to read:
   5100.  A party is qualified to participate in any primary election
under any of the following conditions:
   (a) If at the last preceding gubernatorial election there was
polled for any one of its candidates for any office voted on
throughout the state, at least 2 percent of the entire vote of the
state.
   (b) If on or before the 135th day before any primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their political affiliations
transmitted to him or her by the county elections officials, that
voters equal in number to at least 1 percent of the entire vote of
the state at the last preceding gubernatorial election have declared
their intention to affiliate with that party.
   (c) If on or before the 135th day before any primary election,
there is filed with the Secretary of State a  political party
qualification  petition signed by voters, equal in number to at
least 10 percent of the entire vote of the state at the last
preceding gubernatorial election, declaring that  they
  the voters signing the petition  represent a
proposed party, the name of which shall be stated in the petition,
which proposed party those voters desire to have participate in that
primary election. This petition shall be circulated, signed, verified
and the signatures of the voters on it shall be certified to and
transmitted to the Secretary of State by the county elections
officials substantially as provided for initiative petitions. Each
page of the petition shall bear a caption in 18-point boldface type,
which caption shall be the name of the proposed party followed by the
words "Petition to participate in the primary election."
  SEC. 3.  Section 18201 of the Elections Code is amended to read:
   18201.  Any person who falsely makes or fraudulently defaces or
destroys all or any part of a nomination paper  or an
in-lieu-filing-fee petition  , is punishable by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years or by both that fine and imprisonment.
  SEC. 4.  Section 18202 of the Elections Code is amended to read:
   18202.  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-lieu-filing-fee
petition,  or declaration of candidacy in his or her possession
that is entitled to be filed under this code.
  SEC. 5.  Section 18203 of the Elections Code is amended to read:
   18203.  Any person who files or submits for filing a nomination
paper  , in-lieu-filing-fee petition,  or declaration of
candidacy knowing that it or any part of it has been made falsely is
punishable by a fine not exceeding one thousand dollars ($1,000) or
by imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years or by both that fine
and imprisonment.
  SEC. 6.  Section 18204 of the Elections Code is amended to read:
   18204.  Any person who willfully suppresses all or any part of a
nomination paper  , in-lieu-filing-fee petition,  or
declaration of candidacy either before or after filing is punishable
by a fine not exceeding one thousand dollars ($1,000) or by
imprisonment pursuant to subdivision (h) of Section 1170 of the Penal
Code for 16 months or two or three years or by both that fine and
imprisonment.
  SEC. 7.  Section 18600 of the Elections Code is amended to read:
   18600.  Every person is guilty of a misdemeanor who:
   (a) Circulating, as principal or agent, or having charge or
control of the circulation of, or obtaining signatures to, any state
or local initiative, referendum  or   , 
recall  petition   , or political party
qualification petition  , intentionally misrepresents or
intentionally makes any false statement concerning the contents,
purport or effect of the petition to any person who signs, or who
desires to sign, or who is requested to sign, or who makes inquiries
with reference to it, or to whom it is presented for his or her
signature.
   (b) Willfully and knowingly circulates, publishes, or exhibits any
false statement or misrepresentation concerning the contents,
purport or effect of any state or local initiative, referendum,
 or  recall  petition   , 
 or political party qualification petition  for the purpose
of obtaining any signature to, or persuading or influencing any
person to sign, that petition.
   (c) Circulating, as principal or agent, or having charge or
control of the circulation of, or obtaining signatures to, any state
or local initiative,  or political party qualification petition
 intentionally makes any false statement in response to any
inquiry by any voter as to whether he or she is a paid signature
gatherer or a volunteer.
  SEC. 8.  Section 18601 of the Elections Code is amended to read:
   18601.  Any person working for the proponent or proponents of an
initiative or referendum measure  or   , 
recall petition  ,   or political party qualification
petition  who refuses to allow a prospective signer to read the
measure or petition is guilty of a misdemeanor.
   An arrest or conviction pursuant to this section shall not
invalidate or otherwise affect the validity of any signature obtained
by the person arrested or convicted.
  SEC. 9.  Section 18603 of the Elections Code is amended to read:
   18603.  Every person who offers or gives money or other valuable
consideration to another in exchange for his or her signature on a
state, county, municipal, or district initiative, referendum,
 or  recall  petition   , 
 or political party qualification petition  is guilty of a
misdemeanor.
  SEC. 10.  Section 18604 of the Elections Code is amended to read:
   18604.  Upon conviction of a violation of any provision of this
article, Article 2 (commencing with Section 18610), Article 3
(commencing with Section 18620), Article 5 (commencing with Section
18640), Article 6 (commencing with Section 18650), or Article 7
(commencing with Section 18660), the court may order as a condition
of probation that the convicted person be prohibited from receiving
money or other valuable consideration for gathering signatures on an
initiative, referendum,  or  recall 
petition   ,   or pol   itical party
qualification petition  .
  SEC. 11.  Section 18610 of the Elections Code is amended to read:
   18610.  Every person who solicits any circulator to affix to any
initiative, referendum,  or  recall 
petition   ,   or political party qualification
petition  any false or forged signature, or to cause or permit
a false or forged signature to be affixed, is guilty of a
misdemeanor.
  SEC. 12.  Section 18611 of the Elections Code is amended to read:
   18611.  Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who circulates or causes to be circulated any
initiative, referendum,  or  recall 
petition  ,  or political party qualification petition,
 knowing it to contain false, forged, or fictitious names.
  SEC. 13.  Section 18612 of the Elections Code is amended to read:
   18612.  Every person is guilty of a misdemeanor who knowingly
signs his or her own name more than once to any initiative,
referendum,  or  recall  petition 
,  or political party qualification petition,  or signs his
or her name to that petition knowing himself or herself at the time
of signing not to be qualified to sign it.
  SEC. 14.  Section 18613 of the Elections Code is amended to read:
   18613.  Every person who subscribes to any initiative, referendum,
 or recall  petition   , 
 or political party qualification petition  a fictitious
name, or who subscribes thereto the name of another, or who causes
another to subscribe such a name to that petition, is guilty of a
felony and is punishable by imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code for two, three, or four years.
  SEC. 15.  Section 18614 of the Elections Code is amended to read:
   18614.  Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who files in the office of the elections
official or other officer designated by law to receive the filing,
any initiative, referendum,  or  recall 
petition   ,   or political party qualification
petition  to which is attached, appended or subscribed any
signature which the person filing the petition  or measure 
knows to be false or fraudulent or not the genuine signature of the
person whose name it purports to be.
  SEC. 16.  Section 18620 of the Elections Code is amended to read:
   18620.  Every person who seeks, solicits, bargains for, or obtains
any money, thing of value, or advantage of or from any person, firm,
or corporation for the purpose or represented purpose of
fraudulently inducing, persuading, or seeking the proponent or
proponents of any initiative or referendum measure  or
  ,  recall petition  ,   or political
party qualification petition to (a) abandon the measure or
petition, (b) fail, neglect, or refuse to file in the office of the
elections official or other officer designated by law, within the
time required by law, the initiative or referendum measure 
or   ,  recall petition  ,   or
political party qualification petition  after securing the
number of signatures required to qualify the measure or petition, (c)
stop the circulation of the initiative or referendum measure
 or   ,  recall petition,  or political
party qualification petition,  or (d) perform any act that will
prevent or aid in preventing the initiative or referendum measure
 or   ,  recall petition  ,  
or political party qualification petition  from qualifying as an
initiative or referendum measure, or the recall petition from
resulting in a recall election,  or political party qualification
petition from qualifying a party  is punishable by a fine not
exceeding five thousand dollars ($5,000), or by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year, or
by both that fine and imprisonment.
  SEC. 17.  Section 18621 of the Elections Code is amended to read:
   18621.  Any proponent of an initiative or referendum measure
 or   ,  recall petition  ,  
or political party qualification petition  who seeks, solicits,
bargains for, or obtains any money or thing of value of or from any
person, firm, or corporation for the purpose of abandoning the same
or stopping the circulation of petitions concerning the same, or
failing or neglecting or refusing to file the measure or petition in
the office of the elections official or other officer designated by
law within the time required by law after obtaining the number of
signatures required under the law to qualify the measure or petition,
or performing any act that will prevent or aid in preventing the
initiative, referendum  or   ,  recall 
, or political party proposed from qualifying as an initiative
or referendum measure,  or  resulting in a recall
election  , or qualifying as a political party by a political
party qualification petition  is punishable by a fine not
exceeding five thousand dollars ($5,000) or by imprisonment pursuant
to subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years, or in a county jail not exceeding one year, or
by both that fine and imprisonment.
  SEC. 18.  Section 18622 of the Elections Code is amended to read:
   18622.  Every person who offers to buy or does buy from a
circulator any referendum, initiative,  or  recall
 petition   ,   or political party
qualification petition  on which one or more persons have
affixed their signatures is guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one year, or by a
fine not exceeding one thousand dollars ($1,000), or both. This
section is not intended to prohibit compensation of a circulator, for
his or her services, by a proponent of the petition or his or her
agent.
  SEC. 19.  Section 18630 of the Elections Code is amended to read:
   18630.  Every person who threatens to commit an assault or battery
on a person circulating a referendum, initiative,  or
 recall  petition   ,   or
political party qualification petition  or on a relative of a
person circulating a referendum, initiative,  or 
recall  petition   ,     or
political party qualification petition  or to inflict damage on
the property of the circulator or the relative, with the intent to
dissuade the circulator from circulating the petition or in
retribution for the circulation, is guilty of a misdemeanor.
  SEC. 20.  Section 18631 of the Elections Code is amended to read:
   18631.  Every person who forcibly or by stealth takes from the
possession of a circulator any initiative, referendum,  or
 recall  petition   ,   or
political party qualification petition  on which one or more
persons have affixed their signatures is guilty of a misdemeanor.
  SEC. 21.  Section 18640 of the Elections Code is amended to read:
   18640.  Any person working for the proponent or proponents of an
initiative or referendum measure  or   , or a
 recall  petition   or political party
qualification petition,  who solicits signatures to qualify the
measure or petition and accepts any payment therefor and who fails to
surrender the measure or petition to the proponents thereof for
filing is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.
  SEC. 22.  Section 18650 of the Elections Code is amended to read:
   18650.  No one shall knowingly or willfully permit the list of
signatures on an initiative, referendum,  or  recall
 petition   ,   or political party
qualification petition  to be used for any purpose other than
qualification of the initiative or referendum measure or recall
question for the ballot  or political party  , except as
provided in Section 6253.5 of the Government Code. Violation of this
section is a misdemeanor.
  SEC. 23.  Section 18660 of the Elections Code is amended to read:
   18660.  Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to subdivision
(h) of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and imprisonment, who makes any false affidavit concerning any
initiative, referendum,  or  recall 
petition   ,   or political party qualification
petition  or the signatures appended thereto.
  SEC. 24.  Section 18661 of the Elections Code is amended to read:
   18661.  Every public official or employee is punishable by a fine
not exceeding five thousand dollars ($5,000), or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years, or in a county jail not exceeding one
year, or by both that fine and imprisonment, who knowingly makes any
false return, certification or affidavit concerning any initiative,
referendum,  or  recall  petition 
 ,   or political party qualification petition  or
the signatures appended thereto.
  SEC. 25.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.