AB 3259: Elections.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-06-28
(1)Existing law contains various election-related forms, some of which contain obsolete date blocks that begin with 19__.
This bill would update the date block of these forms to 20__.
(2)Existing law requires a county elections official, upon receipt of a properly executed affidavit of registration or address correction notice or letter for a voter, to send the voter a voter notification, address correction requested. Existing law specifies a form of voter notification that county elections officials are required to use that includes a voter signature line.
This bill would remove the voter signature line from the voter notification.
(3)Existing law specifies procedures for collecting signatures on a petition for an initiative, referendum, or recall, and for filing the petition and signatures with elections officials.
Existing law requires elections officials for local recall and municipal initiative measure petitions to determine, prima facie, the total number of signatures affixed to the petition to determine whether or not the petition is accepted for filing. Existing law requires that recall and municipal initiative measure petitions not accepted for filing be returned to the proponents.
This bill would repeal this requirement to return the petitions to the proponents and instead require that further action not be taken.
(4)Existing law authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied. Existing law establishes specified dates in March, May, and August for conducting an all-mailed ballot election.
This bill would delete the date in March from the established dates for conducting an all-mailed ballot election.
(1)Existing law contains various election-related forms, some of which contain obsolete date blocks that begin with 19__.
This bill would update the date block of these forms to 20__.
(2)Existing law requires a county elections official, upon receipt of a properly executed affidavit of registration or address correction notice or letter for a voter, to send the voter a voter notification, address correction requested. Existing law specifies a form of voter notification that county elections officials are required to use that includes a voter signature line.
This bill would remove the voter signature line from the voter notification.
(3)Existing law specifies procedures for collecting signatures on a petition for an initiative, referendum, or recall, and for filing the petition and signatures with elections officials.
Existing law requires elections officials for local recall and municipal initiative measure petitions to determine, prima facie, the total number of signatures affixed to the petition to determine whether or not the petition is accepted for filing. Existing law requires that recall and municipal initiative measure petitions not accepted for filing be returned to the proponents.
This bill would repeal this requirement to return the petitions to the proponents and instead require that further action not be taken.
(4)Existing law authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied. Existing law establishes specified dates in March, May, and August for conducting an all-mailed ballot election.
This bill would delete the date in March from the established dates for conducting an all-mailed ballot election.
(1)Existing law contains various election-related forms, some of which contain obsolete date blocks that begin with 19__.
This bill would update the date block of these forms to 20__.
(2)Existing law requires a county elections official, upon receipt of a properly executed affidavit of registration or address correction notice or letter for a voter, to send the voter a voter notification, address correction requested. Existing law specifies a form of voter notification that county elections officials are required to use that includes a voter signature line.
This bill would remove the voter signature line from the voter notification.
(3)Existing law specifies procedures for collecting signatures on a petition for an initiative, referendum, or recall, and for filing the petition and signatures with elections officials.
Existing law requires elections officials for local recall and municipal initiative measure petitions to determine, prima facie, the total number of signatures affixed to the petition to determine whether or not the petition is accepted for filing. Existing law requires that recall and municipal initiative measure petitions not accepted for filing be returned to the proponents.
This bill would repeal this requirement to return the petitions to the proponents and instead require that further action not be taken.
(4)Existing law authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied. Existing law establishes specified dates in March, May, and August for conducting an all-mailed ballot election.
This bill would delete the date in March from the established dates for conducting an all-mailed ballot election.
(1)Existing law contains various election-related forms, some of which contain obsolete date blocks that begin with 19__.
This bill would update the date block of these forms to 20__.
(2)Existing law requires a county elections official, upon receipt of a properly executed affidavit of registration or address correction notice or letter for a voter, to send the voter a voter notification, address correction requested. Existing law specifies a form of voter notification that county elections officials are required to use that includes a voter signature line.
This bill would remove the voter signature line from the voter notification.
(3)Existing law specifies procedures for collecting signatures on a petition for an initiative, referendum, or recall, and for filing the petition and signatures with elections officials.
Existing law requires elections officials for local recall and municipal initiative measure petitions to determine, prima facie, the total number of signatures affixed to the petition to determine whether or not the petition is accepted for filing. Existing law requires that recall and municipal initiative measure petitions not accepted for filing be returned to the proponents.
This bill would repeal this requirement to return the petitions to the proponents and instead require that further action not be taken.
(4)Existing law authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied. Existing law establishes specified dates in March, May, and August for conducting an all-mailed ballot election.
This bill would delete the date in March from the established dates for conducting an all-mailed ballot election.
The established mailed ballot election dates are as follows:
(a)The first Tuesday after the first Monday in May of each year.
(b)The last Tuesday in August of each year.
SEC. 2.Section 2155 of the Elections Code is amended to read:2155.Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall state the party preference for which the voter has registered in the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following form:
VOTER NOTIFICATION
You are registered to vote. The party preference you chose, if any, is on this card. This card is being sent as a notification of:
1.Your recently completed affidavit of registration.
OR,
2.A change to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write to our office immediately.
OR,
3.Your recent registration with a change in party preference. If this change is not correct, please call or write to our office immediately.
You may vote in any election held 15 or more days after the date on this card.
Your name will appear on the roster kept at the polls.
Please contact our office if the information shown on the reverse side of this card is incorrect.
SEC. 3.Section 6321 of the Elections Code is amended to read:6321.The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO THE
REPUBLICAN PARTY NATIONAL CONVENTION
To the Secretary of State | |
Sacramento, California |
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the Republican Party is ____.
Dated this ________ day of ________, 20__ |
Chairperson of the State Central Committee |
The county elections officials certificate to nomination papers of a candidate shall be in substantially the following form:
COUNTY ELECTION OFFICIALS CERTIFICATE TO NOMINATION | |
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 candidate for the ensuing presidential primary, and that the number of names which I have not marked not sufficient is ______________. The candidate named in the nomination papers is ______________. Dated this ____________ day of ____________, 20____. | |
________________________,County Elections Official By____________________,Deputy |
The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO AMERICAN INDEPENDENT PARTY NATIONAL CONVENTION
To the Secretary of State
Sacramento, California
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the American Independent Party is ____.
Dated this ____ day of ____, 20__.
Chairperson of the State Central Committee of |
Each candidate for delegate to the American Independent Party convention shall file with the Secretary of State, before the circulation of nomination papers of the group of candidates of which he or she is a member, an affidavit which shall be in substantially the following form:
AFFIDAVIT OF CANDIDATE FOR DELEGATE
State of California County of |
| ss. |
I, ____, reside at No. ____ Street, in the City (or Town) of ____, in the County of ____ in the ____ Congressional District, State of California; my election precinct is ____ and I reside and am a voter therein, my post office address is ____, County of ____.
I desire to be a candidate, at the presidential primary to be held on the ____ day of ____, 20__, for delegate to the next national convention of the American Independent Party, and if elected as delegate I will qualify.
I personally prefer ____ as nominee of the American Independent Party for President of the United States, and hereby declare to the voters of my party in the State of California that if elected as delegate to their national party convention, I shall to the best of my judgment and ability, support ____ as nominee of the American Independent Party for president of the United States. (This statement of preference shall be omitted where the candidate for delegate is part of a group not expressing a preference for a particular candidate.)
I express no preference for a particular candidate. The chairman of my group is ____. (This statement shall be omitted where the candidate for delegate is part of a group expressing a preference for a particular candidate.)
I declare under penalty of perjury that the foregoing is true and correct.
(Signed) _________________________________________________________ |
The certificate of the elections official to nomination papers of a candidate or group of candidates shall be in substantially the following form:
Certificate of County Elections Official to Nomination | ||
To the Secretary of State: | ||
etc. | etc. | etc. |
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
The declaration of a candidate for delegate shall be in substantially the following form:
(Signed)
Declaration of Candidate for Delegate | ||
State of California County of |
| ss. |
I, ______, reside and am a registered voter at | ||
(street address) , | ||
in the (city or town) of , | ||
in the County of _______, State of California. | ||
I desire to be a candidate, at the presidential primary to be held on
the ____ day of ____,
20_, for delegate to the next national
convention of the ____ Party with which the Peace and Freedom
Party of California is affiliated on the national level and I will qualify
as a delegate if elected.
I personally prefer ____ as the nominee of the Peace and
Freedom Party for President of the United States, and hereby declare
to the voters of the Peace and Freedom Party in the State of
California that if elected as delegate to the national party convention,
I shall to the best of my judgment and ability, support ____ as the
nominee of the Peace and Freedom Party for President of the United
States. (This statement of preference shall be omitted where the
candidate for delegate is part of a group not expressing a preference
for a
particular presidential candidate.)
I declare under penalty of perjury that the foregoing is true and
correct.
Executed at ______, California, this ____ day of ____,
20_.
(Signed)
SEC. 9.Section 8083 of the Elections Code is amended to read:8083.The county elections officials statement to the Secretary of State of the number of signers shall be in substantially the following form:
statement of county elections official of number of signers
I, County Elections Official of the County of ____, hereby certify that I have examined the ____ hereto attached filed on behalf of ____, candidate for nomination to the office of ____ at the primary election to be held on the __ day of ____, 20_, and that the total number of signatures which I have not marked not sufficient is ____.
Dated this __ day of ____, 20_.
__County Elections Official
(seal)By _________ Deputy
The petition shall be filed by the proponents or by a person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time. Once filed, a petition section shall not be amended except by order of a court of competent jurisdiction.
When the petition is presented for filing, the elections official shall do all of the following:
(a)Ascertain the number of registered voters of the city last reported by the county elections official to the Secretary of State pursuant to Section 2187 effective at the time the notice specified in Section 9202 was published.
(b)Determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, he or she shall accept the petition for filing. The petition shall be deemed as filed on that date. If, from this examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.
SEC. 11.Section 10602 of the Elections Code is amended to read:10602.(a)The forms for declaration of candidacy for governing board elections shall be in substantially the following form:
I, _____, do hereby declare myself as a candidate for election to the governing board of _____ District, of the County of ____; I am a registered voter; if elected I will qualify and serve to the best of my ability; and I request my name be placed on the official ballots of the district, for the election to be held on the ___ day of ____, 20__.
Residence address: |
(b)In an election held under Section 5018 of the Education Code to elect additional governing board members, all candidates for member of the governing board shall also indicate on their declaration of candidacy whether they are candidates for the existing office or for the new offices.
SEC. 12.Section 11222 of the Elections Code is amended to read:11222.(a)The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by a proponent. All sections of the petition shall be filed at the same time.
(b)When the petition is presented for filing, the elections official shall determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the elections official shall accept the petition for filing. The petition shall be deemed as filed on that date. A section of the petition not so filed is void for all purposes. If, from the elections officials examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.
SEC. 13.Section 12102 of the Elections Code is amended to read:12102.The notice of the municipal election shall be substantially in the following form:
Notice is hereby given that a ____ (general or special) municipal election will be held in the ____ of ____ on ____, the ____ day of ____, 20__, for the following officers: (name them).
The polls will be open between the hours of __ m. and __ m.
City Elections Official | |
Dated, _______, ___. |
(a)A notice designating the offices for which candidates are to be nominated shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF OFFICES FOR WHICH CANDIDATES ARE TO BE NOMINATED AT THE DIRECT PRIMARY
Secretary of State
Sacramento,__. 20 __.
To the County Elections Official of the County of ____:
Notice is hereby given that the offices for which candidates are to be nominated at the primary election to be held on the ____ day of___, 20__, together with the names of the political parties qualified to participate in the election, are as follows:
STATE AND DISTRICT OFFICES | |
CONGRESSIONAL OFFICES | |
LEGISLATIVE OFFICES | |
Notice is also hereby given that at the primary election, candi | |
SUPERINTENDENT OF PUBLIC INSTRUCTION | |
Notice is also hereby given that at the primary election, in the county first above mentioned, candidates are to be nominated for any county offices or judicial offices to which candidates are to be elected at the ensuing general election;
And notice is also hereby given that at the primary election there shall be elected in each county a county central committee for each political party above named pursuant to Division 7 (commencing with Section 7000) of the Elections Code.
(seal)Secretary of State |
(b)The notice designating the political parties qualified to participate in this election for nomination of candidates shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF POLITICAL PARTIES QUALIFIED TO PARTICIPATE IN THE DIRECT PRIMARY ELECTION
Secretary of State
Sacramento, __. 20__.
To the County Elections Official of the County of ____:
Notice is hereby given that the political parties qualified to participate
in this election for nomination of candidates to partisan offices are as follows:
(seal)Secretary of State |
The established mailed ballot election dates are as follows:
(a)The first Tuesday after the first Monday in May of each year.
(b)The last Tuesday in August of each year.
SEC. 2.Section 2155 of the Elections Code is amended to read:2155.Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall state the party preference for which the voter has registered in the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following form:
VOTER NOTIFICATION
You are registered to vote. The party preference you chose, if any, is on this card. This card is being sent as a notification of:
1.Your recently completed affidavit of registration.
OR,
2.A change to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write to our office immediately.
OR,
3.Your recent registration with a change in party preference. If this change is not correct, please call or write to our office immediately.
You may vote in any election held 15 or more days after the date on this card.
Your name will appear on the roster kept at the polls.
Please contact our office if the information shown on the reverse side of this card is incorrect.
SEC. 3.Section 6321 of the Elections Code is amended to read:6321.The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO THE
REPUBLICAN PARTY NATIONAL CONVENTION
To the Secretary of State | |
Sacramento, California |
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the Republican Party is ____.
Dated this ________ day of ________, 20__ |
Chairperson of the State Central Committee |
The county elections officials certificate to nomination papers of a candidate shall be in substantially the following form:
COUNTY ELECTION OFFICIALS CERTIFICATE TO NOMINATION | |
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 candidate for the ensuing presidential primary, and that the number of names which I have not marked not sufficient is ______________. The candidate named in the nomination papers is ______________. Dated this ____________ day of ____________, 20____. | |
________________________,County Elections Official By____________________,Deputy |
The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO AMERICAN INDEPENDENT PARTY NATIONAL CONVENTION
To the Secretary of State
Sacramento, California
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the American Independent Party is ____.
Dated this ____ day of ____, 20__.
Chairperson of the State Central Committee of |
Each candidate for delegate to the American Independent Party convention shall file with the Secretary of State, before the circulation of nomination papers of the group of candidates of which he or she is a member, an affidavit which shall be in substantially the following form:
AFFIDAVIT OF CANDIDATE FOR DELEGATE
State of California County of |
| ss. |
I, ____, reside at No. ____ Street, in the City (or Town) of ____, in the County of ____ in the ____ Congressional District, State of California; my election precinct is ____ and I reside and am a voter therein, my post office address is ____, County of ____.
I desire to be a candidate, at the presidential primary to be held on the ____ day of ____, 20__, for delegate to the next national convention of the American Independent Party, and if elected as delegate I will qualify.
I personally prefer ____ as nominee of the American Independent Party for President of the United States, and hereby declare to the voters of my party in the State of California that if elected as delegate to their national party convention, I shall to the best of my judgment and ability, support ____ as nominee of the American Independent Party for president of the United States. (This statement of preference shall be omitted where the candidate for delegate is part of a group not expressing a preference for a particular candidate.)
I express no preference for a particular candidate. The chairman of my group is ____. (This statement shall be omitted where the candidate for delegate is part of a group expressing a preference for a particular candidate.)
I declare under penalty of perjury that the foregoing is true and correct.
(Signed) _________________________________________________________ |
The certificate of the elections official to nomination papers of a candidate or group of candidates shall be in substantially the following form:
Certificate of County Elections Official to Nomination | ||
To the Secretary of State: | ||
etc. | etc. | etc. |
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
The declaration of a candidate for delegate shall be in substantially the following form:
(Signed)
Declaration of Candidate for Delegate | ||
State of California County of |
| ss. |
I, ______, reside and am a registered voter at | ||
(street address) , | ||
in the (city or town) of , | ||
in the County of _______, State of California. | ||
I desire to be a candidate, at the presidential primary to be held on
the ____ day of ____,
20_, for delegate to the next national
convention of the ____ Party with which the Peace and Freedom
Party of California is affiliated on the national level and I will qualify
as a delegate if elected.
I personally prefer ____ as the nominee of the Peace and
Freedom Party for President of the United States, and hereby declare
to the voters of the Peace and Freedom Party in the State of
California that if elected as delegate to the national party convention,
I shall to the best of my judgment and ability, support ____ as the
nominee of the Peace and Freedom Party for President of the United
States. (This statement of preference shall be omitted where the
candidate for delegate is part of a group not expressing a preference
for a
particular presidential candidate.)
I declare under penalty of perjury that the foregoing is true and
correct.
Executed at ______, California, this ____ day of ____,
20_.
(Signed)
SEC. 9.Section 8083 of the Elections Code is amended to read:8083.The county elections officials statement to the Secretary of State of the number of signers shall be in substantially the following form:
statement of county elections official of number of signers
I, County Elections Official of the County of ____, hereby certify that I have examined the ____ hereto attached filed on behalf of ____, candidate for nomination to the office of ____ at the primary election to be held on the __ day of ____, 20_, and that the total number of signatures which I have not marked not sufficient is ____.
Dated this __ day of ____, 20_.
__County Elections Official
(seal)By _________ Deputy
The petition shall be filed by the proponents or by a person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time. Once filed, a petition section shall not be amended except by order of a court of competent jurisdiction.
When the petition is presented for filing, the elections official shall do all of the following:
(a)Ascertain the number of registered voters of the city last reported by the county elections official to the Secretary of State pursuant to Section 2187 effective at the time the notice specified in Section 9202 was published.
(b)Determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, he or she shall accept the petition for filing. The petition shall be deemed as filed on that date. If, from this examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.
SEC. 11.Section 10602 of the Elections Code is amended to read:10602.(a)The forms for declaration of candidacy for governing board elections shall be in substantially the following form:
I, _____, do hereby declare myself as a candidate for election to the governing board of _____ District, of the County of ____; I am a registered voter; if elected I will qualify and serve to the best of my ability; and I request my name be placed on the official ballots of the district, for the election to be held on the ___ day of ____, 20__.
Residence address: |
(b)In an election held under Section 5018 of the Education Code to elect additional governing board members, all candidates for member of the governing board shall also indicate on their declaration of candidacy whether they are candidates for the existing office or for the new offices.
SEC. 12.Section 11222 of the Elections Code is amended to read:11222.(a)The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by a proponent. All sections of the petition shall be filed at the same time.
(b)When the petition is presented for filing, the elections official shall determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the elections official shall accept the petition for filing. The petition shall be deemed as filed on that date. A section of the petition not so filed is void for all purposes. If, from the elections officials examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.
SEC. 13.Section 12102 of the Elections Code is amended to read:12102.The notice of the municipal election shall be substantially in the following form:
Notice is hereby given that a ____ (general or special) municipal election will be held in the ____ of ____ on ____, the ____ day of ____, 20__, for the following officers: (name them).
The polls will be open between the hours of __ m. and __ m.
City Elections Official | |
Dated, _______, ___. |
(a)A notice designating the offices for which candidates are to be nominated shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF OFFICES FOR WHICH CANDIDATES ARE TO BE NOMINATED AT THE DIRECT PRIMARY
Secretary of State
Sacramento,__. 20 __.
To the County Elections Official of the County of ____:
Notice is hereby given that the offices for which candidates are to be nominated at the primary election to be held on the ____ day of___, 20__, together with the names of the political parties qualified to participate in the election, are as follows:
STATE AND DISTRICT OFFICES | |
CONGRESSIONAL OFFICES | |
LEGISLATIVE OFFICES | |
Notice is also hereby given that at the primary election, candi | |
SUPERINTENDENT OF PUBLIC INSTRUCTION | |
Notice is also hereby given that at the primary election, in the county first above mentioned, candidates are to be nominated for any county offices or judicial offices to which candidates are to be elected at the ensuing general election;
And notice is also hereby given that at the primary election there shall be elected in each county a county central committee for each political party above named pursuant to Division 7 (commencing with Section 7000) of the Elections Code.
(seal)Secretary of State |
(b)The notice designating the political parties qualified to participate in this election for nomination of candidates shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF POLITICAL PARTIES QUALIFIED TO PARTICIPATE IN THE DIRECT PRIMARY ELECTION
Secretary of State
Sacramento, __. 20__.
To the County Elections Official of the County of ____:
Notice is hereby given that the political parties qualified to participate
in this election for nomination of candidates to partisan offices are as follows:
(seal)Secretary of State |
The established mailed ballot election dates are as follows:
(a)The first Tuesday after the first Monday in May of each year.
(b)The last Tuesday in August of each year.
SEC. 2.Section 2155 of the Elections Code is amended to read:2155.Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall state the party preference for which the voter has registered in the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following form:
VOTER NOTIFICATION
You are registered to vote. The party preference you chose, if any, is on this card. This card is being sent as a notification of:
1.Your recently completed affidavit of registration.
OR,
2.A change to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write to our office immediately.
OR,
3.Your recent registration with a change in party preference. If this change is not correct, please call or write to our office immediately.
You may vote in any election held 15 or more days after the date on this card.
Your name will appear on the roster kept at the polls.
Please contact our office if the information shown on the reverse side of this card is incorrect.
SEC. 3.Section 6321 of the Elections Code is amended to read:6321.The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO THE
REPUBLICAN PARTY NATIONAL CONVENTION
To the Secretary of State | |
Sacramento, California |
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the Republican Party is ____.
Dated this ________ day of ________, 20__ |
Chairperson of the State Central Committee |
The county elections officials certificate to nomination papers of a candidate shall be in substantially the following form:
COUNTY ELECTION OFFICIALS CERTIFICATE TO NOMINATION | |
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 candidate for the ensuing presidential primary, and that the number of names which I have not marked not sufficient is ______________. The candidate named in the nomination papers is ______________. Dated this ____________ day of ____________, 20____. | |
________________________,County Elections Official By____________________,Deputy |
The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO AMERICAN INDEPENDENT PARTY NATIONAL CONVENTION
To the Secretary of State
Sacramento, California
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the American Independent Party is ____.
Dated this ____ day of ____, 20__.
Chairperson of the State Central Committee of |
Each candidate for delegate to the American Independent Party convention shall file with the Secretary of State, before the circulation of nomination papers of the group of candidates of which he or she is a member, an affidavit which shall be in substantially the following form:
AFFIDAVIT OF CANDIDATE FOR DELEGATE
State of California County of |
| ss. |
I, ____, reside at No. ____ Street, in the City (or Town) of ____, in the County of ____ in the ____ Congressional District, State of California; my election precinct is ____ and I reside and am a voter therein, my post office address is ____, County of ____.
I desire to be a candidate, at the presidential primary to be held on the ____ day of ____, 20__, for delegate to the next national convention of the American Independent Party, and if elected as delegate I will qualify.
I personally prefer ____ as nominee of the American Independent Party for President of the United States, and hereby declare to the voters of my party in the State of California that if elected as delegate to their national party convention, I shall to the best of my judgment and ability, support ____ as nominee of the American Independent Party for president of the United States. (This statement of preference shall be omitted where the candidate for delegate is part of a group not expressing a preference for a particular candidate.)
I express no preference for a particular candidate. The chairman of my group is ____. (This statement shall be omitted where the candidate for delegate is part of a group expressing a preference for a particular candidate.)
I declare under penalty of perjury that the foregoing is true and correct.
(Signed) _________________________________________________________ |
The certificate of the elections official to nomination papers of a candidate or group of candidates shall be in substantially the following form:
Certificate of County Elections Official to Nomination | ||
To the Secretary of State: | ||
etc. | etc. | etc. |
Dated this ________ day of ________, 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
The declaration of a candidate for delegate shall be in substantially the following form:
(Signed)
Declaration of Candidate for Delegate | ||
State of California County of |
| ss. |
I, ______, reside and am a registered voter at | ||
(street address) , | ||
in the (city or town) of , | ||
in the County of _______, State of California. | ||
I desire to be a candidate, at the presidential primary to be held on
the ____ day of ____,
20_, for delegate to the next national
convention of the ____ Party with which the Peace and Freedom
Party of California is affiliated on the national level and I will qualify
as a delegate if elected.
I personally prefer ____ as the nominee of the Peace and
Freedom Party for President of the United States, and hereby declare
to the voters of the Peace and Freedom Party in the State of
California that if elected as delegate to the national party convention,
I shall to the best of my judgment and ability, support ____ as the
nominee of the Peace and Freedom Party for President of the United
States. (This statement of preference shall be omitted where the
candidate for delegate is part of a group not expressing a preference
for a
particular presidential candidate.)
I declare under penalty of perjury that the foregoing is true and
correct.
Executed at ______, California, this ____ day of ____,
20_.
(Signed)
SEC. 9.Section 8083 of the Elections Code is amended to read:8083.The county elections officials statement to the Secretary of State of the number of signers shall be in substantially the following form:
statement of county elections official of number of signers
I, County Elections Official of the County of ____, hereby certify that I have examined the ____ hereto attached filed on behalf of ____, candidate for nomination to the office of ____ at the primary election to be held on the __ day of ____, 20_, and that the total number of signatures which I have not marked not sufficient is ____.
Dated this __ day of ____, 20_.
__County Elections Official
(seal)By _________ Deputy
The petition shall be filed by the proponents or by a person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time. Once filed, a petition section shall not be amended except by order of a court of competent jurisdiction.
When the petition is presented for filing, the elections official shall do all of the following:
(a)Ascertain the number of registered voters of the city last reported by the county elections official to the Secretary of State pursuant to Section 2187 effective at the time the notice specified in Section 9202 was published.
(b)Determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, he or she shall accept the petition for filing. The petition shall be deemed as filed on that date. If, from this examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.
SEC. 11.Section 10602 of the Elections Code is amended to read:10602.(a)The forms for declaration of candidacy for governing board elections shall be in substantially the following form:
I, _____, do hereby declare myself as a candidate for election to the governing board of _____ District, of the County of ____; I am a registered voter; if elected I will qualify and serve to the best of my ability; and I request my name be placed on the official ballots of the district, for the election to be held on the ___ day of ____, 20__.
Residence address: |
(b)In an election held under Section 5018 of the Education Code to elect additional governing board members, all candidates for member of the governing board shall also indicate on their declaration of candidacy whether they are candidates for the existing office or for the new offices.
SEC. 12.Section 11222 of the Elections Code is amended to read:11222.(a)The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by a proponent. All sections of the petition shall be filed at the same time.
(b)When the petition is presented for filing, the elections official shall determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the elections official shall accept the petition for filing. The petition shall be deemed as filed on that date. A section of the petition not so filed is void for all purposes. If, from the elections officials examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.
SEC. 13.Section 12102 of the Elections Code is amended to read:12102.The notice of the municipal election shall be substantially in the following form:
Notice is hereby given that a ____ (general or special) municipal election will be held in the ____ of ____ on ____, the ____ day of ____, 20__, for the following officers: (name them).
The polls will be open between the hours of __ m. and __ m.
City Elections Official | |
Dated, _______, ___. |
(a)A notice designating the offices for which candidates are to be nominated shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF OFFICES FOR WHICH CANDIDATES ARE TO BE NOMINATED AT THE DIRECT PRIMARY
Secretary of State
Sacramento,__. 20 __.
To the County Elections Official of the County of ____:
Notice is hereby given that the offices for which candidates are to be nominated at the primary election to be held on the ____ day of___, 20__, together with the names of the political parties qualified to participate in the election, are as follows:
STATE AND DISTRICT OFFICES | |
CONGRESSIONAL OFFICES | |
LEGISLATIVE OFFICES | |
Notice is also hereby given that at the primary election, candi | |
SUPERINTENDENT OF PUBLIC INSTRUCTION | |
Notice is also hereby given that at the primary election, in the county first above mentioned, candidates are to be nominated for any county offices or judicial offices to which candidates are to be elected at the ensuing general election;
And notice is also hereby given that at the primary election there shall be elected in each county a county central committee for each political party above named pursuant to Division 7 (commencing with Section 7000) of the Elections Code.
(seal)Secretary of State |
(b)The notice designating the political parties qualified to participate in this election for nomination of candidates shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF POLITICAL PARTIES QUALIFIED TO PARTICIPATE IN THE DIRECT PRIMARY ELECTION
Secretary of State
Sacramento, __. 20__.
To the County Elections Official of the County of ____:
Notice is hereby given that the political parties qualified to participate
in this election for nomination of candidates to partisan offices are as follows:
(seal)Secretary of State |
The established mailed ballot election dates are as follows:
(a)The first Tuesday after the first Monday in May of each year.
(b)The first Tuesday after the first Monday in March of each even-numbered year.(c)(b)The last Tuesday in August of each year.
SEC. 2.Section 2155 of the Elections Code is amended to read:2155.Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the federal National Voter Registration Act of 1993 (52 U.S.C. Sec. 20501 et seq.), the county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall state the party preference for which the voter has registered in the following format:
Party: (Name of political party)
The voter notification shall be substantially in the following form:
VOTER NOTIFICATION
You are registered to vote. The party preference you chose, if any, is on this card. This card is being sent as a notification of:
1.Your recently completed affidavit of registration.
OR,
2.A change to your registration because of an official notice that you have moved. If your residence address has not changed or if your move is temporary, please call or write to our office immediately.
OR,
3.Your recent registration with a change in party preference. If this change is not correct, please call or write to our office immediately.
You may vote in any election held 15 or more days after the date on this card.
Your name will appear on the roster kept at the polls.
Please contact our office if the information shown on the reverse side of this card is incorrect.
(Signature of Voter) |
The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO THE
REPUBLICAN PARTY NATIONAL CONVENTION
To the Secretary of State | |
Sacramento, California |
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the Republican Party is ____.
Dated this ________ day of ________, 19 20__ |
Chairperson of the State Central Committee |
The county elections officials certificate to nomination papers of a candidate shall be in substantially the following form:
COUNTY ELECTION OFFICIALS CERTIFICATE TO NOMINATION | |
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 candidate for the ensuing presidential primary, and that the number of names which I have not marked not sufficient is ______________. The candidate named in the nomination papers is ______________. Dated this ____________ day of ____________, 19 20____. | |
________________________,County Elections Official By____________________,Deputy |
The notification of the number of delegates shall be in substantially the following form:
STATEMENT OF NUMBER OF DELEGATES TO AMERICAN INDEPENDENT PARTY NATIONAL CONVENTION
To the Secretary of State
Sacramento, California
You are hereby notified that the number of delegates to represent the State of California in the next national convention of the American Independent Party is ____.
Dated this ____ day of ____, 19 20__.
Chairperson of the State Central Committee of |
Each candidate for delegate to the American Independent Party convention shall file with the Secretary of State, before the circulation of nomination papers of the group of candidates of which he or she is a member, an affidavit which shall be in substantially the following form:
AFFIDAVIT OF CANDIDATE FOR DELEGATE
State of California County of |
| ss. |
I, ____, reside at No. ____ Street, in the City (or Town) of ____, in the County of ____ in the ____ Congressional District, State of California; my election precinct is ____ and I reside and am a voter therein, my post office address is ____, County of ____.
I desire to be a candidate, at the presidential primary to be held on the ____ day of ____, 19 20__, for delegate to the next national convention of the American Independent Party, and if elected as delegate I will qualify.
I personally prefer ____ as nominee of the American Independent Party for President of the United States, and hereby declare to the voters of my party in the State of California that if elected as delegate to their national party convention, I shall to the best of my judgment and ability, support ____ as nominee of the American Independent Party for president of the United States. (This statement of preference shall be omitted where the candidate for delegate is part of a group not expressing a preference for a particular candidate.)
I express no preference for a particular candidate. The chairman of my group is ____. (This statement shall be omitted where the candidate for delegate is part of a group expressing a preference for a particular candidate.)
I declare under penalty of perjury that the foregoing is true and correct.
(Signed) _________________________________________________________ |
The certificate of the elections official to nomination papers of a candidate or group of candidates shall be in substantially the following form:
Certificate of County Elections Official to Nomination | ||
To the Secretary of State: | ||
etc. | etc. | etc. |
Dated this ________ day of ________, 19 20___. | ||
________________________ | ||
(SEAL) | County Elections Official By Deputy | |
The declaration of a candidate for delegate shall be in substantially the following form:
(Signed)
Declaration of Candidate for Delegate | ||
State of California County of |
| ss. |
I, ______, reside and am a registered voter at | ||
(street address) , | ||
in the (city or town) of , | ||
in the County of _______, State of California. | ||
I desire to be a candidate, at
the presidential primary to be held on
the ____ day of June 19
20_, for delegate to the next national
convention of the ____ Party with which the Peace and Freedom
Party of California is affiliated on the national level and I will qualify
as a delegate if elected.
I personally prefer ____ as the nominee of the Peace and
Freedom Party for President of the United States, and hereby declare
to the voters of the Peace and Freedom Party in the State of
California that if elected as delegate to the national party convention,
I shall to the best of my judgment and ability, support ____ as the
nominee of the Peace and Freedom Party for President of the United
States. (This statement of preference shall be omitted where the
candidate for delegate is part of a group not expressing a preference
for a particular presidential candidate.)
I declare under penalty of perjury that the foregoing is true and
correct.
Executed at ______, California, this ____ day of ____,
19 20_.
(Signed)
SEC. 9.Section 8083 of the Elections Code is amended to read:8083.The county elections officials statement to the Secretary of State of the number of signers shall be in substantially the following form:
statement of county elections official of number of signers
I, County Elections Official of the County of ____, hereby certify that I have examined the ____ hereto attached filed on behalf of ____, candidate for nomination to the office of ____ at the primary election to be held on the __ day of ____, 19 20_, and that the total number of signatures which I have not marked not sufficient is ____.
Dated this __ day of ____, 19 20_.
__County Elections Official
(seal)By _________ Deputy
The petition shall be filed by the proponents or by any a person or persons authorized in writing by the proponents. All sections of the petition shall be filed at one time. Once filed, no a petition section shall not be amended except by order of a court of competent jurisdiction.
When the petition is presented for filing, the elections official shall do all of the following:
(a)Ascertain the number of registered voters of the city last reported by the county elections official to the Secretary of State pursuant to Section 2187 effective at the time the notice specified in Section 9202 was published.
(b)Determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, he or she shall accept the petition for filing. The petition shall be deemed as filed on that date. Any petition not accepted for filing shall be returned to the proponents. If, from this examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the official shall not take further action.
SEC. 11.Section 10602 of the Elections Code is amended to read:10602.(a)The forms for declaration of candidacy for governing board elections shall be in substantially the following form:
I, _____, do hereby declare myself as a candidate for election to the governing board of _____ District, of the County of ____; I am a registered voter; if elected I will qualify and serve to the best of my ability; and I request my name be placed on the official ballots of the district, for the election to be held on the ___ day of ____, 19 20__.
Residence address: |
(b)In an election held under Section 5018 of the Education Code to elect additional governing board members, all candidates for member of the governing board shall also indicate on their declaration of candidacy whether they are candidates for the existing office or for the new offices.
SEC. 12.Section 11222 of the Elections Code is amended to read:11222.(a)The petition shall be filed by the proponents, or by any person or persons authorized, in writing, by a proponent. All sections of the petition shall be filed at the same time.
(b)When the petition is presented for filing, the elections official shall determine the total number of signatures affixed to the petition. If, from this examination, the elections official determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the elections official shall accept the petition for filing. The petition shall be deemed as filed on that date. Any sections A section of the petition not so filed shall be is void for all purposes. If, from the elections officials examination, the elections official determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the petition shall not be filed. Any petition not accepted for filing shall be returned to the proponents. the official shall not take further action.
SEC. 13.Section 12102 of the Elections Code is amended to read:12102.The notice of the municipal election shall be substantially in the following form:
Notice is hereby given that a ____ (general or special) municipal election will be held in the ____ of ____ on ____, the ____ day of ____, 19 20__, for the following officers: (name them).
The polls will be open between the hours of __ m. and __ m.
City Elections Official | |
Dated, _______, ___. |
(a)A notice designating the offices for which candidates are to be nominated shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF OFFICES FOR WHICH CANDIDATES ARE TO BE NOMINATED AT THE DIRECT PRIMARY
Secretary of State
Sacramento,__. 19 20 __.
To the County Elections Official of the County of ____:
Notice is hereby given that the offices for which candidates are to be nominated at the primary election to be held on the ____ day of___, 19 20__, together with the names of the political parties qualified to participate in the election, are as follows:
STATE AND DISTRICT OFFICES | |
CONGRESSIONAL OFFICES | |
LEGISLATIVE OFFICES | |
Notice is also hereby given that at the primary election, candi | |
SUPERINTENDENT OF PUBLIC INSTRUCTION | |
Notice is also hereby given that at the primary election, in the county first above mentioned, candidates are to be nominated for any county offices or judicial offices to which candidates are to be elected at the ensuing general election;
And notice is also hereby given that at the primary election there shall be elected in each county a county central committee for each political party above named pursuant to Division 7 (commencing with Section 7000) of the Elections Code.
(seal)Secretary of State |
(b)The notice designating the political parties qualified to participate in this election for nomination of candidates shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF POLITICAL PARTIES QUALIFIED TO PARTICIPATE IN THE DIRECT PRIMARY ELECTION
Secretary of State
Sacramento, __. 19 20__.
To the County Elections Official of the County of ____:
Notice is hereby given that the political parties qualified to participate in this election for nomination of candidates to partisan offices are as follows:
(seal)Secretary of State |
|
Date
|
Status
|
|---|---|
| Jun 28, 2018 | Chaptered by Secretary of State - Chapter 58, Statutes of 2018. |
| Jun 28, 2018 | Approved by the Governor. |
| Jun 19, 2018 | Enrolled and presented to the Governor at 4:45 p.m. |
| Jun 14, 2018 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 14, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Jun 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Jun 6, 2018 | From committee: Do pass. To Consent Calendar. (Ayes 5. Noes 0.) (June 6). |
| May 30, 2018 | Referred to Com. on E. & C.A. |
| May 22, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 21, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 16, 2018 | Read second time. Ordered to Consent Calendar. |
| May 15, 2018 | Read second time and amended. Ordered returned to second reading. |
| May 14, 2018 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 7. Noes 0.) (May 9). |
| Apr 2, 2018 | Referred to Com. on E. & R. |
| Mar 22, 2018 | From printer. May be heard in committee April 21. |
| Mar 21, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 14, 2018 | Consent Calendar AB3259 E. & R. | Senate Floor |
Passed |
|
| Jun 6, 2018 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 21, 2018 | AB 3259 E. & R. Consent Calendar Second Day By BERMAN | Assembly Floor |
Passed |
|
| May 9, 2018 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Elections and Redistricting |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Election Officials | ** Support | Jun 7, 2018 |
| Disability Rights California | ** Support | May 7, 2018 |
| Secretary of State, Alex Padilla | ** Support | Jun 7, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 3259
:
SENATE ELECTIONS & C.A. COMMITTEE: 5-0, 6/6/18
AYES: Stern, Anderson, Allen, Hertzberg, Leyva
ASSEMBLY FLOOR: 72-0, 5/21/18 (Consent) - See last page for vote
SOURCE: California Association of Clerks and Election Officials
DIGEST:
This bill makes various minor, technical, and corresponding changes to the Elections Code.
Existing law:
- Requires a county elections official, upon receipt of a properly executed affidavit of registration or address correction notice for a voter, to send the voter a voter notification, as specified. Requires the voter notification form to include a voter signature line.
- Authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied.
- Establishes the following dates as mailed ballot election dates:
- The first Tuesday after the first Monday in May of each year;
- The first Tuesday after the first Monday in March of each even-numbered year; and,
- The last Tuesday in August of each year.
- The first Tuesday after the first Monday in May of each year;
- Requires an elections official, if the proponents of a state initiative, referendum, or recall measure or of a county initiative or referendum measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, to retain the petitions and destroy them after a specified period of time.
- Requires an elections official, if the proponents of a municipal initiative or referendum or a local recall measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, to return the insufficient petitions to the proponents
This bill:
- Deletes provisions of law that require an elections official to return insufficient municipal initiative and referendum petitions, and local recall petitions, to the proponents, and instead requires an elections official to take no further action on petitions with an insufficient number of signatures.
- Deletes the space on the voter notification form for a voter's signature.
- Updates the date blocks on election-related forms from "19__" to "20__".
- Makes clarifying, technical, and corresponding changes.
Background
Election Petitions. Under existing law, if the proponents of a state initiative, referendum, or recall measure or of a county initiative or referendum measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, the petitions are retained by the elections official and are destroyed after a specified period of time. If the proponents of a municipal initiative or referendum or a local recall measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, however, existing law requires the county elections official to return the insufficient petitions to the proponents. Elections officials are concerned that this inconsistency may create confusion, and can result in voters' personal information being unsecured if the proponents do not take appropriate steps to protect the returned petitions.
This bill deletes the requirement that elections officials must return insufficient municipal initiative and referendum petitions, and local recall petitions, to the proponents, and instead mirrors the language used in provisions of law to specify that the elections official shall take no further action on petitions with an insufficient number of signatures. These changes were requested by the California Association of Clerks and Election Officials (CACEO).
Election Dates. Last year, the Legislature approved and the Governor signed SB 568 (Lara, Chapter 335, Statutes of 2017), which moved California's statewide primary elections from June to March, beginning in 2020. SB 568 also made a corresponding change to a provision of law that specifies the "established election dates" in California by including the first Tuesday after the first Monday in March of each even-numbered year as an "established election date." However, that date is already an "established mailed ballot election date" under another provision of law, and SB 568 did not make the corresponding change to that section of law.
This bill deletes the first Tuesday after the first Monday in March of each even-numbered year from the list of "established mailed ballot election dates" to reflect the action taken in SB 568. This change was requested by the CACEO.
Voter Notification. Section 2155 of the Elections Code specifies the format of the notification that is required to be sent to voters when they register to vote or update their voter registration, and requires that the end of the notification include a place for the voter's signature. The purpose of the space for the voter's signature is unclear -- the notification is intended to notify the voter of the change to his or her voter registration status, and it is not generally used for other election purposes. Elections officials indicate, however, that because the notification includes a space for the voter's signature, some voters are signing the notification and putting it back in the mail. In some cases, when a voter does this, the notification is returned to the county registrar of voters by the post office as undeliverable mail, which can result in the voter's registration being incorrectly inactivated.
This bill deletes the space on the voter notification form for a voter's signature. This change was requested by the CACEO.
Technical and Corresponding Changes. Various provisions of the Elections Code specify the format for elections-related forms that contain obsolete date blocks that begin with "19__."
This bill updates those date blocks so that they begin with "20__." These changes were identified by committee staff.
Comments
- According to the author, this is one of the Assembly Elections & Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the California Association of Clerks and Election Officials and otherwise identified by committee staff.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
California Association of Clerks and Election Officials (source)
Secretary of State, Alex Padilla
None received
ASSEMBLY FLOOR: 72-0, 5/21/18
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bonta, Brough, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Gipson, Gloria, Gonzalez Fletcher, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Chiu, Eggman, Cristina Garcia, Eduardo Garcia, Gray, McCarty
6/7/18 15:12:46
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Henry Stern, Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: 6/6/18
Author: | |||
Version: | 5/15/18 | ||
Urgency: | No | Fiscal: | No |
Consultant: | Darren Chesin | ||
Subject: Elections.
DIGEST
This bill makes various minor, technical, and corresponding changes to the Elections Code.
ANALYSIS
Existing law:
- Requires a county elections official, upon receipt of a properly executed affidavit of registration or address correction notice for a voter, to send the voter a voter notification, as specified. Requires the voter notification form to include a voter signature line.
- Authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied.
- Establishes the following dates as mailed ballot election dates:
- The first Tuesday after the first Monday in May of each year;
- The first Tuesday after the first Monday in March of each even-numbered year; and,
- The last Tuesday in August of each year.
- The first Tuesday after the first Monday in May of each year;
- Requires an elections official, if the proponents of a state initiative, referendum, or recall measure or of a county initiative or referendum measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, to retain the petitions and destroy them after a specified period of time.
- Requires an elections official, if the proponents of a municipal initiative or referendum or a local recall measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, to return the insufficient petitions to the proponents
This bill:
- Deletes provisions of law that require an elections official to return insufficient municipal initiative and referendum petitions, and local recall petitions, to the proponents, and instead requires an elections official to take no further action on petitions with an insufficient number of signatures.
- Deletes the space on the voter notification form for a voter's signature.
- Updates the date blocks on election-related forms from "19__" to "20__".
- Makes clarifying, technical, and corresponding changes.
BACKGROUND
Election Petitions. Under existing law, if the proponents of a state initiative, referendum, or recall measure or of a county initiative or referendum measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, the petitions are retained by the elections official and are destroyed after a specified period of time. If the proponents of a municipal initiative or referendum or a local recall measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, however, existing law requires the county elections official to return the insufficient petitions to the proponents. Elections officials are concerned that this inconsistency may create confusion, and can result in voters' personal information being unsecured if the proponents do not take appropriate steps to protect the returned petitions.
This bill deletes the requirement that elections officials must return insufficient municipal initiative and referendum petitions, and local recall petitions, to the proponents, and instead mirrors the language used in provisions of law to specify that the elections official shall take no further action on petitions with an insufficient number of signatures. These changes were requested by the California Association of Clerks and Election Officials (CACEO).
Election Dates. Last year, the Legislature approved and the Governor signed SB 568 (Lara), Chapter 335, Statutes of 2017, which moved California's statewide primary elections from June to March, beginning in 2020. SB 568 also made a corresponding change to a provision of law that specifies the "established election dates" in California by including the first Tuesday after the first Monday in March of each even-numbered year as an "established election date." However, that date is already an "established mailed ballot election date" under another provision of law, and SB 568 did not make the corresponding change to that section of law.
This bill deletes the first Tuesday after the first Monday in March of each even-numbered year from the list of "established mailed ballot election dates" to reflect the action taken in SB 568. This change was requested by the CACEO.
Voter Notification. Section 2155 of the Elections Code specifies the format of the notification that is required to be sent to voters when they register to vote or update their voter registration, and requires that the end of the notification include a place for the voter's signature. The purpose of the space for the voter's signature is unclear -- the notification is intended to notify the voter of the change to his or her voter registration status, and it is not generally used for other election purposes. Elections officials indicate, however, that because the notification includes a space for the voter's signature, some voters are signing the notification and putting it back in the mail. In some cases, when a voter does this, the notification is returned to the county registrar of voters by the post office as undeliverable mail, which can result in the voter's registration being incorrectly inactivated.
This bill deletes the space on the voter notification form for a voter's signature. This change was requested by the CACEO.
Technical and Corresponding Changes. Various provisions of the Elections Code specify the format for elections-related forms that contain obsolete date blocks that begin with "19__."
This bill updates those date blocks so that they begin with "20__." These changes were identified by committee staff.
COMMENTS
- According to the author: This is one of the Assembly Elections & Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the California Association of Clerks and Election Officials and otherwise identified by committee staff.
PRIOR ACTION
Assembly Floor: | |
Assembly Elections and Redistricting Committee: |
|
POSITIONS
Sponsor: California Association of Clerks and Election Officials
Support: Secretary of State, Alex Padilla
Oppose: None received
-- END --
Date of Hearing: May 9, 2018
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Marc Berman, Chair
ABPCA Bill Id:AB 3259 (
Author:Committee on Elections and Redistricting) – As Introduced Ver:March 21, 2018
SUBJECT: Elections.
SUMMARY: Makes various minor, technical, and corresponding changes to the Elections Code. Specifically, this bill:
- Deletes provisions of law that require an elections official to return insufficient municipal initiative and referendum petitions, and local recall petitions, to the proponents, and instead requires an elections official to take no further action on petitions with an insufficient number of signatures.
- Deletes the space on the voter notification form for a voter's signature.
- Updates the date blocks on election-related forms from "19__" to "20__".
- Makes clarifying, technical, and corresponding changes.
EXISTING LAW:
- Requires a county elections official, upon receipt of a properly executed affidavit of registration or address correction notice or letter for a voter, to send the voter a voter notification, address correction requested. Requires the voter notification form to include a voter signature line.
- Authorizes a local, special, or consolidated election to be conducted wholly by mail if specified conditions are satisfied.
- Establishes the following dates as mailed ballot election dates:
- The first Tuesday after the first Monday in May of each year;
- The first Tuesday after the first Monday in March of each even-numbered year; and,
- The last Tuesday in August of each year.
- The first Tuesday after the first Monday in May of each year;
- Requires an elections official, if the proponents of a state initiative, referendum, or recall measure or of a county initiative or referendum measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, to retain the petitions and destroy them after a specified period of time.
- Requires an elections official, if the proponents of a municipal initiative or referendum or a local recall measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, to return the insufficient petitions to the proponents
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
- Purpose of the Bill: This is one of the Assembly Elections & Redistricting Committee's annual omnibus bills, containing various minor, technical, and conforming changes to provisions of the Elections Code. This bill includes changes requested by the California Association of Clerks and Election Officials (CACEO) and otherwise identified by committee staff.
- Election Petitions: Under existing law, if the proponents of a state initiative, referendum, or recall measure or of a county initiative or referendum measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, the petitions are retained by the elections official and are destroyed after a specified period of time. If the proponents of a municipal initiative or referendum or a local recall measure submit petitions that contain an insufficient number of signatures for that measure to qualify for the ballot, however, existing law requires the county elections official to return the insufficient petitions to the proponents. Elections officials are concerned that this inconsistency may create confusion, and can result in voters' personal information being unsecured if the proponents do not take appropriate steps to protect the returned petitions.
This bill deletes the requirement that elections officials must return insufficient municipal initiative and referendum petitions, and local recall petitions, to the proponents, and instead mirrors the language used in provisions of law to specify that the elections official shall take no further action on petitions with an insufficient number of signatures. These changes were requested by the CACEO.
- Election Dates: Last year, the Legislature approved and the Governor signed SB 568 (Lara), Chapter 335, Statutes of 2017, which moved California's statewide primary elections from June to March, beginning in 2020. SB 568 also made a corresponding change to a provision of law that specifies the "established election dates" in California by including the first Tuesday after the first Monday in March of each even-numbered year as an "established election date." However, that date is already an "established mailed ballot election date" under another provision of law, and SB 568 did not make the corresponding change to that section of law.
This bill deletes the first Tuesday after the first Monday in March of each even-numbered year from the list of "established mailed ballot election dates" to reflect the action taken in SB 568. This change was requested by the CACEO.
- Voter Notification: Section 2155 of the Elections Code specifies the format of the notification that is required to be sent to voters when they register to vote or update their voter registration, and requires that the end of the notification include a place for the voter's signature. The purpose of the space for the voter's signature is unclear—the notification is intended to notify the voter of the change to his or her voter registration status, and it is not generally used for other election purposes. Elections officials indicate, however, that because the notification includes a space for the voter's signature, some voters are signing the notification and putting it back in the mail. In some cases, when a voter does this, the notification is returned to the county registrar of voters by the post office as undeliverable mail, which can result in the voter's registration being incorrectly inactivated.
This bill deletes the space on the voter notification form for a voter's signature. This change was requested by the CACEO.
- Technical and Corresponding Changes: Various provisions of the Elections Code specify the format for elections-related forms that contain obsolete date blocks that begin with "19__."
This bill updates those date blocks so that they begin with "20__." These changes were identified by committee staff.
- Amendments Sought: Disability Rights California, which has a "support if amended" position on this bill, requests that the bill be amended to ensure that the notification card sent to voters when they register to vote or update their voter registration card be made available in the format that the voter requested.
- Drafting Error Amendment: The committee staff recommends the following amendment to correct a drafting error.
On page 7, in line 12, after the word "of," insert a ____ (blank).
REGISTERED SUPPORT / OPPOSITION:
Support
Disability Rights California (if amended)
Secretary of State Alex Padilla
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Bill Author
Bill Co-Author(s):