AB 3197: Elections.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-07-15
Current Status:
Passed
(2024-07-15: Chaptered by Secretary of State - Chapter 120, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law requires the gathering of a specified number of signatures by petition to nominate a candidate or qualify a measure or recall for the ballot, among other purposes. Existing law requires elections officials to verify the signatures on a petition in accordance with specified procedures.
This bill would authorize a county elections official who verifies signatures on petitions or papers that are required to be signed by voters of a county, city, school district, or special district subject to petitioning to establish and require the use of a standardized petition form for distribution within and submission to the county.
Existing law authorizes a candidate for nonpartisan elective office in a local agency to prepare a candidates statement on a form provided by the elections official, as specified. If the elections official who is conducting the election permits electronic distribution of a candidates statement, existing law permits the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purpose of electronic distribution.
This bill instead would permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purposes of electronic distribution if the elections official who is conducting the election or the county elections official who is conducting the local agencys election, including a local election consolidated with the county election, permits electronic distribution.
The bill would make additional nonsubstantive changes.
Existing law requires the gathering of a specified number of signatures by petition to nominate a candidate or qualify a measure or recall for the ballot, among other purposes. Existing law requires elections officials to verify the signatures on a petition in accordance with specified procedures.
This bill would authorize a county elections official who verifies signatures on petitions or papers that are required to be signed by voters of a county, city, school district, or special district subject to petitioning to establish and require the use of a standardized petition form for distribution within and submission to the county.
Existing law authorizes a candidate for nonpartisan elective office in a local agency to prepare a candidates statement on a form provided by the elections official, as specified. If the elections official who is conducting the election permits electronic distribution of a candidates statement, existing law permits the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purpose of electronic distribution.
This bill instead would permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purposes of electronic distribution if the elections official who is conducting the election or the county elections official who is conducting the local agencys election, including a local election consolidated with the county election, permits electronic distribution.
The bill would make additional nonsubstantive changes.
Existing law requires the gathering of a specified number of signatures by petition to nominate a candidate or qualify a measure or recall for the ballot, among other purposes. Existing law requires elections officials to verify the signatures on a petition in accordance with specified procedures.
This bill would authorize a county elections official who verifies signatures on petitions or papers that are required to be signed by voters of a county, city, school district, or special district subject to petitioning to establish and require the use of a standardized petition form for the circulation of petitions distribution within the county, except as specified. and submission to the county.
Existing law authorizes a candidate for nonpartisan elective office in a local agency to prepare a candidates statement on a form provided by the elections official, as specified. If the elections official who is conducting the election permits electronic distribution of a candidates statement, existing law permits the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purpose of electronic distribution.
This bill instead would permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purposes of electronic distribution if the elections official who is conducting the election or the county elections official who is conducting the local agencys election, including a local election consolidated with the county election, permits electronic distribution.
The bill would make additional nonsubstantive changes.
Existing law requires the gathering of a specified number of signatures by petition to nominate a candidate or qualify a measure or recall for the ballot, among other purposes. Existing law requires elections officials to verify the signatures on a petition in accordance with specified procedures.
This bill would authorize a county elections official to require the use of a standardized form for the circulation of petitions within the county, except as specified.
Existing law authorizes a candidate for nonpartisan elective office in a local agency to prepare a candidates statement on a form provided by the elections official, as specified. If the elections official who is conducting the election permits electronic distribution of a candidates statement, existing law permits the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purpose of electronic distribution.
This bill instead would permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purposes of electronic distribution if the elections official who is conducting the election or the county elections official who is conducting the local agencys election, including a local election consolidated with the county election, permits electronic distribution.
The bill would make additional nonsubstantive changes.
Existing law requires the proponents of an initiative or referendum petition to obtain a specified number of signatures from voters in order to qualify the measure for the ballot. gathering of a specified number of signatures by petition to nominate a candidate or qualify a measure or recall for the ballot, among other purposes. Existing law requires elections officials to verify the signatures on a petition in accordance with specified procedures.
This bill would authorize a county elections official to require the proponents of a local initiative or referendum measure to use of a standardized form for the circulation of petitions within the county. county, except as specified.
Existing law authorizes a candidate for nonpartisan elective office in a local agency to prepare a candidates statement on a form provided by the elections official, as specified. If the elections official who is conducting the election permits electronic distribution of a candidates statement, existing law permits the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purpose of electronic distribution.
This bill instead would permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purposes of electronic distribution if the elections official who is conducting the election, election or the county elections official who is conducting the local agencys election election, including a local election consolidated with the county election, or the county elections official rendering services to support the conduct of the local agencys election, permits electronic distribution.
The bill would make additional nonsubstantive changes.
Existing law requires the proponents of an initiative or referendum petition to obtain a specified number of signatures from voters in order to qualify the measure for the ballot. Existing law requires elections officials to verify the signatures on a petition in accordance with specified procedures.
This bill would authorize a county elections official to require the proponents of a local initiative or referendum measure to use a standardized form for the circulation of petitions within the county.
Existing law authorizes a candidate for nonpartisan elective office in a local agency to prepare a candidates statement on a form provided by the elections official, as specified. If the elections official who is conducting the election permits electronic distribution of a candidates statement, existing law permits the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purpose of electronic distribution.
This bill instead would permit a candidate for nonpartisan elective office in the local agency to prepare a candidates statement for the purposes of electronic distribution if the elections official who is conducting the election, the county elections official who is conducting the local agencys election consolidated with the county election, or the county elections official rendering services to support the conduct of the local agencys election, permits electronic distribution.
The bill would make additional nonsubstantive changes.
(a)Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits their affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper that person is 18 years of age.
(b)A signer shall at the time of signing the petition or paper personally affix their signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signers residence address shall not invalidate their signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper.
(c)The part of a petition for the signatures, printed names, and residence addresses of
the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:
Official Use Only |
1. (Signature) |
(City) | |
2. (Signature) |
(City) |
(d)A county elections official who verifies signatures on an initiative, referendum, recall, nominating petition or paper, or any other petition or paper that is required to be signed by voters of a county, city, school district, or special district subject to petitioning may establish and require the use of a standardized petition form for distribution within and submission to the county.
SEC. 2.Section 13307 of the Elections Code is amended to read:13307.(a)(1)Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidates statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidates own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2)The statement authorized by this subdivision shall be filed in the office of the elections official when the candidates nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing bodys declaration of the results from the primary or first election.
(3)Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b)(1)The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A)A certified and registered interpreter on the Judicial Council Master List.
(B)An interpreter categorized as certified or professionally qualified by the Administrative Office of the United States Courts.
(C)From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D)A current voting member in good standing of the American Translators Association.
(E)A current member in good standing of the American Association of Language Specialists.
(c)(1)In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election or the county elections official who is conducting a local agencys election, including a local election that is consolidated with the county election, permits electronic distribution of a candidates statement, each candidate for nonpartisan elective office in the local agency may prepare a candidates statement for the purpose of electronic distribution pursuant to this subdivision.
(2)A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voters pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voters pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3)A statement that is printed in the voters pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4)A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d)The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidates statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidates estimated pro rata share as a condition of having the candidates statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e)This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f)Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidates statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidates statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidates representative, at the time they pick up the nomination papers.
(g)For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
(a)Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits their affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper that person is 18 years of age.
(b)A signer shall at the time of signing the petition or paper personally affix their signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signers residence address shall not invalidate their signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper.
(c)The part of a petition for the signatures, printed names, and residence addresses of
the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:
Official Use Only |
1. (Signature) |
(City) | |
2. (Signature) |
(City) |
(d)A county elections official who verifies signatures on an initiative, referendum, recall, nominating petition or paper, or any other petition or paper that is required to be signed by voters of a county, city, school district, or special district subject to petitioning may establish and require the use of a standardized petition form for distribution within and submission to the county.
SEC. 2.Section 13307 of the Elections Code is amended to read:13307.(a)(1)Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidates statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidates own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2)The statement authorized by this subdivision shall be filed in the office of the elections official when the candidates nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing bodys declaration of the results from the primary or first election.
(3)Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b)(1)The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A)A certified and registered interpreter on the Judicial Council Master List.
(B)An interpreter categorized as certified or professionally qualified by the Administrative Office of the United States Courts.
(C)From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D)A current voting member in good standing of the American Translators Association.
(E)A current member in good standing of the American Association of Language Specialists.
(c)(1)In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election or the county elections official who is conducting a local agencys election, including a local election that is consolidated with the county election, permits electronic distribution of a candidates statement, each candidate for nonpartisan elective office in the local agency may prepare a candidates statement for the purpose of electronic distribution pursuant to this subdivision.
(2)A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voters pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voters pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3)A statement that is printed in the voters pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4)A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d)The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidates statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidates estimated pro rata share as a condition of having the candidates statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e)This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f)Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidates statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidates statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidates representative, at the time they pick up the nomination papers.
(g)For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
(a)Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, paper is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits their affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper that person is 18 years of age.
(b)A signer shall at the time of signing the petition or paper personally affix their signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signers residence address shall not invalidate their signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper.
(c)The part of a petition for the signatures, printed names, and residence addresses of
the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:
Official Use Only |
1. (Signature) |
(City) | |
2. (Signature) |
(City) |
(d)A county elections official who verifies signatures on an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, paper that is required to be signed by voters of a county, city, school district, or special district subject to petitioning may establish and require the use of a standardized petition form for distribution within and submission to the county. This subdivision does not apply to petitions or papers that are circulated in more than one county, except for petitions or papers that are circulated in a local district with boundaries located in more than one county.
SEC. 2.Section 13307 of the Elections Code is amended to read:13307.(a)(1)Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidates statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidates own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2)The statement authorized by this subdivision shall be filed in the office of the elections official when the candidates nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing bodys declaration of the results from the primary or first election.
(3)Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b)(1)The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A)A certified and registered interpreter on the Judicial Council Master List.
(B)An interpreter categorized as certified or professionally qualified by the Administrative Office of the United States Courts.
(C)From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D)A current voting member in good standing of the American Translators Association.
(E)A current member in good standing of the American Association of Language Specialists.
(c)(1)In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election or the county elections official who is conducting a local agencys election, including a local election that is consolidated with the county election, permits electronic distribution of a candidates statement, each candidate for nonpartisan elective office in the local agency may prepare a candidates statement for the purpose of electronic distribution pursuant to this subdivision.
(2)A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voters pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voters pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3)A statement that is printed in the voters pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4)A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d)The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidates statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidates estimated pro rata share as a condition of having the candidates statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e)This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f)Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidates statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidates statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidates representative, at the time they pick up the nomination papers.
(g)For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
(a)Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits their affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper that person is 18 years of age.
(b)A signer shall at the time of signing the petition or paper personally affix their signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signers residence address shall not invalidate their signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper.
(c)The part of a petition for the signatures, printed names, and residence addresses of the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:
Official Use Only |
1. (Signature) |
(City) | |
2. (Signature) |
(City) |
(d)A county elections official who verifies signatures on an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, may establish and require the use of a standardized petition form for distribution within and submission to the county. This subdivision does not apply to petitions regarding initiative and referendum measures affecting the Constitution or laws of the state under Article 1 (commencing with Section 9000) of Chapter 1 of Division 9. or papers that are circulated in more than one county, except for petitions or papers that are circulated in a local district with boundaries located in more than one county.
SEC. 2.Section 13307 of the Elections Code is amended to read:13307.(a)(1)Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidates statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidates own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2)The statement authorized by this subdivision shall be filed in the office of the elections official when the candidates nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing bodys declaration of the results from the primary or first election.
(3)Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b)(1)The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A)A certified and registered interpreter on the Judicial Council Master List.
(B)An interpreter categorized as certified or professionally qualified by the Administrative Office of the United States Courts.
(C)From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D)A current voting member in good standing of the American Translators Association.
(E)A current member in good standing of the American Association of Language Specialists.
(c)(1)In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election or the county elections official who is conducting a local agencys election, including a local election that is consolidated with the county election, permits electronic distribution of a candidates statement, each candidate for nonpartisan elective office in the local agency may prepare a candidates statement for the purpose of electronic distribution pursuant to this subdivision.
(2)A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voters pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voters pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3)A statement that is printed in the voters pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4)A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d)The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidates statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidates estimated pro rata share as a condition of having the candidates statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e)This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f)Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidates statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidates statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidates representative, at the time they pick up the nomination papers.
(g)For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
(a)Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits their affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper that person is 18 years of age.
(b)A signer shall at the time of signing the petition or paper personally affix their signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signers residence address shall not invalidate their signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper.
(c)The part of a petition for the signatures, printed names, and residence addresses of the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:
Official Use Only |
1. (Signature) |
(City) | |
2. (Signature) |
(City) |
(d)A county elections official who verifies signatures on a referendum or initiative an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, may establish and require proponents to use the use of a standardized petition form for distribution within and submission to the county. This subdivision does not apply to petitions regarding initiative and referendum measures affecting the Constitution or laws of the state under Article 1 (commencing with Section 9000) of Chapter 1 of Division 9.
SEC. 2.Section 13307 of the Elections Code is amended to read:13307.(a)(1)Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidates statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidates own education and qualifications expressed by the candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2)The statement authorized by this subdivision shall be filed in the office of the elections official when the candidates nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing bodys declaration of the results from the primary or first election.
(3)Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b)(1)The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A)A certified and registered interpreter on the Judicial Council Master List.
(B)An interpreter categorized as certified or professionally qualified by the Administrative Office of the United States Courts.
(C)From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D)A current voting member in good standing of the American Translators Association.
(E)A current member in good standing of the American Association of Language Specialists.
(c)(1)In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election, election or the county elections official who is conducting a local agencys election election, including a local election that is consolidated with the county election, or the county elections official rendering services to support the conduct of a local agencys election, permits electronic distribution of a candidates statement, each candidate for nonpartisan elective office in the local agency may prepare a candidates statement for the purpose of electronic distribution pursuant to this subdivision.
(2)A statement prepared pursuant to this subdivision shall be posted on the website of the elections official, and may be included in a voters pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voters pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3)A statement that is printed in the voters pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4)A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d)The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidates statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency the candidates estimated pro rata share as a condition of having the candidates statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e)This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f)Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidates statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidates statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or each candidates representative, at the time they pick up the nomination papers.
(g)For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
(a)Notwithstanding any other provision of law, whenever an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, is required to be signed by voters of a county, city, school district, or special district subject to petitioning, only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits his or her their affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper he or she that person is 18 years of age.
(b)A signer shall at the time of signing the petition or paper personally affix his or her their signature, printed name, and place of residence, including the street and number of the place of residence, and if no street or number for the place of residence exists, then a designation of the place of residence that will enable the location to be readily ascertained. An incomplete or inaccurate apartment or unit number in the signers residence address shall not invalidate his or her their signature pursuant to Section 105. A space at least one inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper.
(c)The part of a petition for the signatures, printed names, and residence addresses of the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:
Official Use Only |
1. (Signature) |
(City) | |
2. (Signature) |
(City) |
(d)A county elections official who verifies signatures on a referendum or initiative petition may establish and require proponents to use a standardized petition form for distribution within and submission to the county. This subdivision does not apply to petitions regarding initiative and referendum measures affecting the Constitution or laws of the state under Article 1 (commencing with Section 9000) of Chapter 1 of Division 9.
SEC. 2.Section 13307 of the Elections Code is amended to read:13307.(a)(1)Each candidate for nonpartisan elective office in any local agency, including any city, county, city and county, or district, may prepare a candidates statement on an appropriate form provided by the elections official. The statement may include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidates own education and qualifications expressed by the candidate himself or herself. candidate. However, the governing body of the local agency may authorize an increase in the limitations on words for the statement from 200 to 400 words. The statement shall not include the party affiliation of the candidate, nor membership or activity in partisan political organizations.
(2)The statement authorized by this subdivision shall be filed in the office of the elections official when the candidates nomination papers are returned for filing, if it is for a primary election, or for an election for offices for which there is no primary. The statement shall be filed in the office of the elections official no later than the 88th day before the election, if it is for an election for which nomination papers are not required to be filed. If a runoff election or general election occurs within 88 days of the primary or first election, the statement shall be filed with the elections official by the third day following the governing bodys declaration of the results from the primary or first election.
(3)Except as provided in Section 13309, the statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period.
(b)(1)The elections official shall send to each voter a county voter information guide that contains the written statements of each candidate that is prepared pursuant to subdivision (a). The statement of each candidate shall be printed in type of uniform size and darkness, and with uniform spacing.
(2)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the following:
(A)A certified and registered interpreter on the Judicial Council Master List.
(B)An interpreter categorized as certified or professionally qualified by the Administrative Office of the United States Courts.
(C)From an institution accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.
(D)A current voting member in good standing of the American Translators Association.
(E)A current member in good standing of the American Association of Language Specialists.
(c)(1)In addition to the statement prepared pursuant to subdivision (a), if the elections official who is conducting the election election, the county elections official who is conducting a local agencys election consolidated with the county election, or the county elections official rendering services to support the conduct of a local agencys election, permits electronic distribution of a candidates statement, the governing body of a local agency may permit each candidate for nonpartisan elective office in the local agency to may prepare a candidate's statement for the purpose of electronic distribution pursuant to this subdivision.
(2)A statement prepared pursuant to this subdivision shall be posted on the Internet Web site website of the elections official, and may be included in a voter's pamphlet that is electronically distributed by the elections official pursuant to Section 13300.7, but shall not be included in a voter's pamphlet that is printed and mailed to voters pursuant to subdivision (b).
(3)A statement that is printed in the voter's pamphlet and mailed to voters pursuant to subdivision (b) shall be included with the statement that is prepared and electronically distributed pursuant to this subdivision.
(4)A statement that is prepared and electronically distributed pursuant to this subdivision shall be displayed in type of uniform size and darkness, and with uniform spacing.
(5)The elections official shall provide a Spanish translation to those candidates who wish to have one, and shall select a person to provide that translation who is one of the persons listed in paragraph (2) of subdivision (b).
(d)The local agency may estimate the total cost of printing, handling, translating, mailing, and electronically distributing candidates statements filed pursuant to this section, including costs incurred as a result of complying with the federal Voting Rights Act of 1965, as amended. The local agency may require each candidate filing a statement to pay in advance to the local agency his or her the candidates estimated pro rata share as a condition of having his or her the candidates statement included in the county voter information guide or electronically distributed. In the event the estimated payment is required, the receipt for the payment shall include a written notice that the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the local agency is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the local agency may require the candidate to pay the balance of the cost incurred. In the event of overpayment, the local agency that, or the elections official who, collected the estimated cost shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election.
(e)This section shall not be deemed to make any statement, or the authors of any statement, free or exempt from any civil or criminal action or penalty because of any false, slanderous, or libelous statements offered for printing electronic distribution pursuant to this section or contained in the county voter information guide.
(f)Before the nominating period opens, the local agency for that election shall determine whether a charge shall be levied against that candidate for the candidates statement sent to each voter and, if authorized pursuant to subdivision (c), for the electronically distributed candidates statement. This decision shall not be revoked or modified after the seventh day before the opening of the nominating period. A written statement of the regulations with respect to charges for handling, packaging, mailing, and electronic distribution shall be provided to each candidate or his or her each candidates representative, at the time he or she picks they pick up the nomination papers.
(g)For purposes of this section and Section 13310, the board of supervisors is the governing body of judicial elections.
|
Date
|
Status
|
|---|---|
| Jul 15, 2024 | Chaptered by Secretary of State - Chapter 120, Statutes of 2024. |
| Jul 15, 2024 | Approved by the Governor. |
| Jul 1, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Jun 24, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 75. Noes 0. Page 5987.). |
| Jun 17, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 19 pursuant to Assembly Rule 77. |
| Jun 17, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 4530.). |
| Jun 12, 2024 | Read second time. Ordered to Consent Calendar. |
| Jun 11, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 7. Noes 0.) (June 11). |
| Jun 3, 2024 | In committee: Hearing postponed by committee. |
| Jun 3, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A. |
| May 1, 2024 | Referred to Com. on E. & C.A. |
| Apr 18, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 18, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0.) |
| Apr 15, 2024 | Read second time. Ordered to Consent Calendar. |
| Apr 11, 2024 | Read second time and amended. Ordered returned to second reading. |
| Apr 10, 2024 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 8. Noes 0.) (April 10). |
| Apr 2, 2024 | Re-referred to Com. on ELECTIONS. |
| Apr 1, 2024 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended. |
| Mar 11, 2024 | Referred to Com. on ELECTIONS. |
| Feb 17, 2024 | From printer. May be heard in committee March 18. |
| Feb 16, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 24, 2024 | AB 3197 Lackey Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jun 17, 2024 | Consent Calendar 2nd AB3197 Lackey | Senate Floor |
Passed |
|
| Jun 11, 2024 | Do pass and be ordered to the Consent Calendar | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| Apr 18, 2024 | AB 3197 Lackey Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 10, 2024 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Elections |
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 & Election Officials | ** Support | |
| Los Angeles County Board of Supervisors | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 3197
Author:(Lackey)
As Amended Ver:June 3, 2024
Majority vote
SUMMARY
Allows a county elections official to require the use of a standardized form for all elections petitions and papers circulated in the county related to elections for local government, as specified. Allows a county elections official that conducts an election for another local agency to permit candidates in that election to submit candidates' statements for the purpose of electronic distribution.
Senate Amendments
Makes clarifying and technical changes.
COMMENTS
In an effort to provide candidates for local elective office with a lower-cost option for distributing candidate statements to voters, AB 2010 (Ridley-Thomas), Chapter 128, Statutes of 2016, permits local agencies to allow candidates for local, nonpartisan elective office to submit candidate statements that are electronically distributed, but are not included in the voter information guides that are mailed to voters. AB 2010 provided that candidates would be permitted to submit candidate statements for electronic distribution only if the governing body of the local agency for which the election was held permitted such distribution. In many cases, however, local agencies do not conduct their own elections. Instead, it is relatively common for county elections officials to conduct elections on behalf of other local jurisdictions, including cities, school districts, and special districts. The requirement that the governing body of a local agency must first authorize electronic candidate statements before that can be offered to candidates as an option, however, can create inconsistencies when a county elections official conducts elections for multiple other jurisdictions at the same time. To create greater consistency and provide greater access by candidates to electronically distributed candidate statements, this bill deletes the requirement that the governing body of a local agency must authorize candidates for nonpartisan elective office in the agency to submit candidates' statements for the purpose of electronic distribution.
Existing law requires the gathering of signatures from a specified number of registered voters on election petitions and papers for various reasons, including the nomination of certain candidates, the qualification of ballot measures, and the qualification of political parties. The signatures on those petitions and papers must be verified by the elections official, who compares the signatures on the petitions and papers to the signatures that are part of the voter registration records for the voters who purportedly signed the petition or paper. While petitions related to city elections are submitted to the city elections official (generally the city clerk), county elections officials generally perform verification of signatures on election petitions and papers since the county elections officials are responsible for maintaining voter registration rolls, and thus are the keeper of the records needed to verify signatures. By allowing county elections officials that are responsible for verifying signatures on election petitions and papers to establish standardized forms for use in the county, this bill could help those elections officials use technology to automate some of the signature verification tasks, thereby potentially reducing costs and increasing the speed of signature verification.
The Senate amendments clarified the types of elections petitions and papers for which county elections officials may require the use of the county's standardized format. This bill, as amended in the Senate, is consistent with Assembly actions.
According to the Author
"Providing elections officials the opportunity to standardize the petition forms used in their counties will allow them to create petition review processes that are efficient and cost-effective. Standardizing petitions will also enable counties to utilize available scanning technology to count and verify petition signatures ultimately saving staff resources, reducing review time, and maintaining, if not improving, accuracy…If signed into law, AB 3197 will permit a county elections official who makes online candidate statements available for county elections to permit online candidate statements for all local jurisdictions within the county for which the county conducts the local elections without requiring independent affirmative authorization by each local governing body. This includes any local election that is consolidated with a statewide or countywide election, and permits candidates to prepare online candidate statements for electronic distribution."
Arguments in Support
The sponsor of this bill, the Los Angeles County Board of Supervisors, writes in support, "Petition review is challenging for local election officials due to the various document sizes and formats they receive from petitioners throughout the County. As such, the petition review process is largely manual and non-standardized. … Allowing election officials the opportunity to standardize the petition forms used in their counties would enable them to create review processes that are efficient and cost-effective. Standardizing petitions will also allow counties to utilize available scanning technology to count and verify petition signatures, utilizing fewer staff resources and with increased accuracy… The costs to candidates for including their statements in printed election materials can be cost-prohibitive. Moreover, current law permits online candidate statements only when the local jurisdiction affirmatively permits candidates to prepare online candidate statements, even when the County (not the local jurisdiction) is running the election. This adds a burden to making online candidate statements available while creating a significant administrative and logistical challenge for larger counties, which must track the cities, school districts, community college boards, and special districts that may or may not have approved online candidate statements. Based on a successful 2022 pilot program in Los Angeles County in which the County's Registrar Recorder provided online candidate statement services for nonpartisan County offices and judicial positions, this bill would permit a county elections official that makes online candidate statements available to permit online candidate statements for all local jurisdictions within the County without requiring the affirmative authorization by each local governing body."
Arguments in Opposition
None received.
FISCAL COMMENTS
None. This bill is keyed non-fiscal by the Legislative Counsel.
VOTES:
ASM ELECTIONS: 8-0-0
YES: Pellerin, Lackey, Bennett, Berman, Cervantes, Essayli, Low, Weber
ASSEMBLY FLOOR: 72-0-8
YES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Arambula, Boerner, Bonta, Bryan, Cervantes, Megan Dahle, Essayli, Mathis
SENATE FLOOR: 39-0-1
YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk
ABS, ABST OR NV: Blakespear
UPDATED
VERSION: June 3, 2024
CONSULTANT: Ethan Jones / ELECTIONS / (916) 319-2094 FN: 0003544
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 3197 |
CONSENT
Bill No: AB 3197
Author: Lackey (R)
Amended: 6/3/24 in Senate
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 7-0, 6/11/24
AYES: Blakespear, Nguyen, Allen, Menjivar, Newman, Portantino, Umberg
ASSEMBLY FLOOR: 72-0, 4/18/24 (Consent) - See last page for vote
SUBJECT: Elections
SOURCE: Los Angeles County
DIGEST:
This bill allows county elections officials to mandate the use of standardized petition forms and, when conducting an election for another local agency, to permit candidates in that election to submit candidate’s statements for electronic distribution.
ANALYSIS:
Existing law:
1) Requires elections petitions to be formatted in a similar, though not identical, manner.
2) Allows candidates for local nonpartisan elective offices to submit a candidate's statement to appear in the county voter information guide as long as the statement:
a) Includes the candidate’s name, age, and occupation, along with a brief description (200 words, or up to 400 words if the local agency raises the cap) of their education and qualifications; and
b) Does not include the party affiliation of the candidate, or membership or activity in any partisan political organizations.
3) Allows candidates for local nonpartisan elective office to also submit a candidate's statement that can be posted on the elections official’s website, and may be included in a voter information guide that is electronically distributed by the elections official. However, this can only be used when the governing body of the office the person is running for permits it to be done – even when an entity other than the governing body is conducting the election
This bill:
1) Permits a county elections official who verifies signatures on petitions to require signature gatherers to use a standardized petition form. This would not apply to petitions or papers that are circulated in more than one county, however an exception to that ban would allow the requirement to apply in cases involving local districts that span multiple counties.
2) Repeals the requirement that the governing body of the office the person is running for must permit electronic candidate statements to be filed as long as the entity running the election permits such statements to be filed.
Background
Making a List and Checking it Twice. When, for example, candidates running for office need to collect signatures on their nomination papers or supporters of an initiative need to collect signatures on their petition, those signatures need to be verified by the elections official to ensure they are from people who are registered to vote in the appropriate jurisdiction.
While petitions related to city elections are submitted to the city elections official, county elections officials generally verify those signatures since the county elections officials hold the voter registration records needed for the verification process. Allowing, for example, 10 cities in a county to use 10 different types of signature forms slows the county’s ability to verify signatures and, according to the sponsor of this bill, requires counties to use a more costly, labor-intensive, manual process to verify those signatures.
Hey There, Why Don’t You Tell Us a Little About Yourself? Candidates for office are generally allowed to prepare a statement and submit it to the elections official. Those statements are included with other materials and distributed to voters as part of the local voter information guide (VIG) – always on paper and generally electronically.
To defray the taxpayer cost of producing and distributing these statements as part of the paper VIG, local agencies are allowed to charge candidates for certain costs related to preparing and distributing candidate statements to voters. While there is no uniform method used to calculate the cost, it is generally tied to the number of voters who are eligible to vote for the office that a candidate is seeking. So, while the cost of a candidate's statement might be less than $200 for a city council candidate in a small city, the estimated cost for a candidate for countywide office in Los Angeles is almost $140,000. The cost would grow if, for example, the candidate chose to have the statement printed in Spanish as well as English, and if the statement extended into a second column in the VIG.
Not surprisingly, in cases where candidates are charged to submit a statement to the VIG, fewer candidates submit a statement. To create an incentive for candidates to submit statements and provide voters with more information, AB 2010 (Ridley-Thomas, 2016) allowed candidates for local, nonpartisan elective offices to submit statements that are electronically distributed, but are not included in the paper VIGs mailed to voters. Jurisdictions can still charge candidates for these statements, but the cost is significantly – in some cases 98% -- lower than the cost for placing these statements in the paper VIG.
However, AB 2010 only allows for the electronic candidate statement option if the elections official conducting the election (generally the county) and the governing body of the local agency (e.g., a health district) agree to permit such distribution.
Comments
- Standardization, Sort Of. Where a person stands on standardization likely depends on whether they are an elections official or a person collecting signatures on a petition. Right now, election jurisdictions, signature gathering entities, initiative supporters, referendum backers, and others are permitted to design their own petitions and papers, provided they comply with the parameters set out in the Elections Code. This is convenient for those gathering signatures, but not convenient for elections officials who may have to manually wrestle with a number of different petition formats when verifying signatures.
This bill addresses three different scenarios:
- In a county and in cities, school districts, and special districts contained solely within a county, AB 3197 allows the county elections official to require the use of a standardized petition;
- Regarding petitions and papers circulated in more than one county on a state or federal matter or race, (e.g., a statewide initiative, a congressional race involving multiple counties, etc.), this bill would not apply; and
- Despite the prohibition in (b), the bill would apply in a multi-county scenario involving a local district (e.g., health district, community college district, mosquito abatement district, etc.).
- One, Not Two, Decision Makers. When it comes to accepting, publishing (online) and distributing (by email or other means) electronic candidate statements for local, nonpartisan offices, the law requires two entities to approve – (1) the governing body of the entity the person is running for (e.g., city council, health district, etc.), and (2) the official running the election (generally the county).
This bill takes the governing body out of the equation, leaving it up to the elections official running the election to decide if he or she will accept electronic candidate statements, as well as how to post and distribute them and how much to charge for them.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 6/12/24)
Los Angeles County (source)
OPPOSITION: (Verified 6/12/24)
ASSEMBLY FLOOR: 72-0, 4/18/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Bains, Bauer-Kahan, Bennett, Berman, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Arambula, Boerner, Bonta, Bryan, Cervantes, Megan Dahle, Essayli, Mathis
Prepared by: Evan Goldberg / E. & C.A. / (916) 651-4106
6/12/24 10:39:20
**** END ****
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Catherine Blakespear, Chair
2023 - 2024 Regular
Bill No: 3197 Hearing Date: 6/11/24
Author: | Lackey | ||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DIGEST
AB 3197 allows county elections officials to mandate the use of standardized petition forms and, when conducting an election for another local agency, to permit candidates in that election to submit candidate’s statements for electronic distribution.
ANALYSIS
Current law:
1) Requires elections petitions to be formatted in a similar, though not identical, manner.
2) Allows candidates for local nonpartisan elective offices to submit a candidate's statement to appear in the county voter information guide as long as the statement:
a) Includes the candidate’s name, age, and occupation, along with a brief description (200 words, or up to 400 words if the local agency raises the cap) of their education and qualifications; and
b) Does not include the party affiliation of the candidate, or membership or activity in any partisan political organizations.
3) Allows candidates for local nonpartisan elective office to also submit a candidate's statement that can be posted on the elections official’s website, and may be included in a voter information guide that is electronically distributed by the elections official. However, this can only be used when the governing body of the office the person is running for permits it to be done – even when the another entity (not the governing body) is conducting the election
This bill:
1) Permits a county elections official who verifies signatures on petitions to require signature gatherers to use a standardized petition form. This would not apply to petitions or papers that are circulated in more than one county, however an exception to that ban would allow the requirement to apply in cases involving local districts that span multiple counties.
2) Repeals the requirement that the governing body of the office the person is running for must permit electronic candidate statements to be filed as long as the entity running the election permits such statements to be filed.
BACKGROUND
Making a List and Checking it Twice. When, for example, candidates running for office need to collect signatures on their nomination papers or supporters of an initiative need to collect signatures on their petition, those signatures need to be verified by the elections official to ensure they are from people who are registered to vote in the appropriate jurisdiction.
While petitions related to city elections are submitted to the city elections official, county elections officials generally verify those signatures since the county elections officials hold the voter registration records needed for the verification process. Allowing, for example, 10 cities in a county to use 10 different types of signature forms slows the county’s ability to verify signatures and, according to the sponsor of this bill, requires counties to use a more costly, labor-intensive, manual process to verify those signatures.
Hey There, Why Don’t You Tell Us a Little About Yourself? Candidates for office are generally allowed to prepare a statement and submit it to the elections official. Those statements are included with other materials and distributed to voters as part of the local voter information guide (VIG) – always on paper and generally electronically.
To defray the taxpayer cost of producing and distributing these statements as part of the paper VIG, local agencies are allowed to charge candidates for certain costs related to preparing and distributing candidate statements to voters. While there is no uniform method used to calculate the cost, it is generally tied to the number of voters who are eligible to vote for the office that a candidate is seeking. So, while the cost of a candidate's statement might be less than $200 for a city council candidate in a small city, the estimated cost for a candidate for countywide office in Los Angeles is almost $140,000. The cost would grow if, for example, the candidate chose to have the statement printed in Spanish as well as English, and if the statement extended into a second column in the VIG.
Not surprisingly, in cases where candidates are charged to submit a statement to the VIG, fewer candidates submit a statement. To create an incentive for candidates to submit statements and provide voters with more information, AB 2010 (Ridley-Thomas) was enacted in 2016 to allow candidates for local, nonpartisan elective offices to submit statements that are electronically distributed, but are not included in the paper VIGs mailed to voters. Jurisdictions can still charge candidates for these statements, but the cost is significantly – in some cases 98% -- lower than the cost for placing these statements in the paper VIG.
However, AB 2010 only allows for the electronic candidate statement option if the elections official conducting the election (generally the county) and the governing body of the local agency (e.g., a health district) agree to permit such distribution.
COMMENTS
1) According to the Author: “Providing elections officials the opportunity to standardize the petition forms used in their counties will allow them to create petition review processes that are efficient and cost-effective. Standardizing petitions will also enable counties to utilize available scanning technology to count and verify petition signatures ultimately saving staff resources, reducing review time, and maintaining, if not improving, accuracy.
“AB 3197 will [also] permit a county elections official who makes online candidate statements available for county elections to permit online candidate statements for all local jurisdictions within the county for which the county conducts the local elections without requiring independent affirmative authorization by each local governing body. This includes any local election that is consolidated with a statewide or countywide election, and permits candidates to prepare online candidate statements for electronic distribution.”
2) Standardization, Sort Of. Where a person stands on standardization likely depends on whether they are an elections official or a person collecting signatures on a petition. Right now, election jurisdictions, signature gathering entities, initiative supporters, referendum backers, and others are permitted to design their own petitions and papers, provided they comply with the parameters set out in the Elections Code. This is convenient for those gathering signatures, but not convenient for elections officials who may have to manually wrestle with a number of different formats of submitted petitions.
This bill addresses three different scenarios:
a) In a county and in cities, school districts, and special districts contained solely within a county, AB 3197 allows the county elections official to require the use of a standardized petition;
b) Regarding petitions and papers circulated in more than one county on a state or federal matter or race, (e.g., a statewide initiative, a congressional race involving three counties, etc.), this bill would not apply; and
c) Despite the prohibition in (b), the bill would apply in a multi-county scenario involving a local district (e.g., health district, community college district, mosquito abatement district, etc.).
3) One, Not Two, Decision Makers. When it comes to accepting, publishing (online) and distributing (by email or other means) electronic candidate statements for local, nonpartisan offices, the law requires two entities to approve – (1) the governing body of the entity the person is running for (e.g., city council, health district, etc.), and (2) the official running the election (generally the county).
This bill takes the governing body out of the equation, leaving it up to the elections official running the election to decide if he or she will accept electronic candidate statements, as well as how to post and distribute them and how much to charge for them.
PRIOR ACTIONS
Assembly Floor: | 72-0 |
Assembly Elections Committee: | 8-0 |
POSITIONS
Sponsor: Los Angeles County
Support: None received
Oppose: None received
-- END --
Date of Hearing: April 10, 2024
ASSEMBLY COMMITTEE ON ELECTIONS
Gail Pellerin, Chair
ABPCA Bill Id:AB 3197 (
Author:Lackey) – As Amended Ver:April 1, 2024
AS PROPOSED TO BE AMENDED
SUBJECT: Elections.
SUMMARY: Allows a county elections official to require the use of a standardized petition form for all elections petitions and papers in the county, as specified. Allows a county elections official that conducts an election for another local agency to permit candidates in that election to submit candidate’s statements for the purpose of electronic distribution. Specifically, this bill:
- Permits a county elections official who verifies signatures on an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, to establish and require the use of a standardized petition form for distribution within and submission to the county. Provides that this provision does not apply to petitions or papers that are circulated in more than one county, except for petitions or papers that are circulated in a local district with boundaries located in more than one county.
- Repeals a requirement that the governing body of a local agency must authorize candidates for nonpartisan elective office in the agency to prepare candidate’s statements for the purpose of electronic distribution, and instead permits candidates to prepare such statements if electronic distribution of the statements are permitted by the elections official who is conducting the election or the county elections official who is conducting a local agency’s election, including a local election that is consolidated with the county election.
- Makes technical changes.
EXISTING LAW:
- Requires the part of election petitions for the signatures, printed names, and residences addresses of voters, including initiative, referendum, and recall petitions, that are required to be signed by voters, to be formatted substantially in a specified form. (Elections Code §100)
- Permits each candidate for local nonpartisan elective office to submit a candidate's statement to appear in the county voter information guide subject to the following procedures and restrictions:
- Permits the statement to include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate's education and qualifications as expressed by the candidate. Permits the governing body of the local agency to authorize an increase in the limitations on the words for the statement from 200 to 400 words.
- Prohibits the statement from including the party affiliation of the candidate, or membership or activity in any partisan political organizations.
- Permits a statement to be withdrawn, but not changed, during the period for filing nomination papers and until 5 p.m. of the next working day after the close of the nomination period. (Elections Code §13307)
- Permits the statement to include the name, age, and occupation of the candidate and a brief description, of no more than 200 words, of the candidate's education and qualifications as expressed by the candidate. Permits the governing body of the local agency to authorize an increase in the limitations on the words for the statement from 200 to 400 words.
- Permits each candidate for local nonpartisan elective office, in addition to submitting a candidate’s statement to appear in the county voter information guide as described above, to submit a candidate's statement for the purpose of electronic distribution if permitted by the elections official who is conducting the election and by the governing body of the local agency for which the election is being held. Provides that a statement prepared in accordance with these provisions shall be posted on the elections official’s website, and may be included in a voter information guide that is electronically distributed by the elections official, but shall not be included in a voter information guide that is printed and mailed to voters. (Elections Code §13307(c))
- Allows, but does not require, a local agency to require each candidate filing a candidate’s statement in accordance with either of the provisions detailed above to pay for the pro rata share of the total costs of printing, handling, translating, mailing, and electronically distributing the statements. (Elections Code §13307(d)) Requires the local agency to decide whether to charge candidates for the costs of candidate's statements before the nominating period opens for the election. (Elections Code §13307(f))
- Permits county and city elections officials to establish processes designed to permit a voter to opt out of receiving the voter information guide, notice of polling place, and associated materials by mail, and instead obtain them electronically via email or accessing them on the county's or city's website, provided that certain conditions are met. (Elections Code §13300.7)
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
- Author’s Amendments: Based on conversations with committee staff, the author has agreed to accept amendments to ensure that this bill does not create logistical challenges for individuals who are circulating election petitions and papers in multiple counties. The amendments agreed to by the author would amend proposed subdivision (d) of Section 100 of the Elections Code as follows:
(d) A county elections official who verifies signatures on an initiative, referendum, recall, nominating petition or paper, or any other petition or paper, may establish and require the use of a standardized petition form for distribution within and submission to the county. This subdivision does not apply to petitions regarding initiative and referendum measures affecting the Constitution or laws of the state under Article 1 (commencing with Section 9000) of Chapter 1 of Division 9. or papers that are circulated in more than one county, except for petitions or papers that are circulated in a local district with boundaries located in more than one county.
This committee analysis reflects these proposed amendments.
- Purpose of the Bill: According to the author:
(1) Permit Creation of Standardized Petition Forms:
Providing elections officials the opportunity to standardize the petition forms used in their counties will allow them to create petition review processes that are efficient and cost-effective. Standardizing petitions will also enable counties to utilize available scanning technology to count and verify petition signatures ultimately saving staff resources, reducing review time, and maintaining, if not improving, accuracy.
Overall, as counties adopt standardized petition forms in their jurisdictions, elections officials will deliver more efficient and streamlined petition review processes. This bill would help them reduce the staff time associated with processing petitions by at least one-third, resulting in significant time and cost savings. Such savings could be as much as $190,000 per petition filing for some larger county petitions. Additionally, it would help county elections officials more reliably and consistently meet the time requirements to certify the necessary number of signatures and complete the statutory three percent random sampling for statewide petitions.
(2) Authorize Use of Online Candidate Statements:
This proposal is based on a successful 2022 pilot program in Los Angeles County in which the county’s Registrar-Recorder provided online candidate statement services for nonpartisan County offices and judicial positions. If signed into law, AB 3197 will permit a county elections official who makes online candidate statements available for county elections to permit online candidate statements for all local jurisdictions within the county for which the county conducts the local elections without requiring independent affirmative authorization by each local governing body. This includes any local election that is consolidated with a statewide or countywide election, and permits candidates to prepare online candidate statements for electronic distribution.
- Electronic Candidate Statements: Existing law generally permits a candidate for elective office in California to prepare a candidate’s statement and submit it to the elections official. Those candidate statements are then distributed by the elections official, who includes the statements with other election materials that are sent to voters, typically by including the statements in the voter information guides that voters receive. Because voter information guides are mailed or made electronically available to most voters, these statements allow candidates to provide a large segment of the electorate with information about their qualifications. The exact requirements and procedures for submitting a candidate statement vary depending on the office that a candidate is seeking.
In order to defray the costs to the public of producing and distributing these statements, existing law allows local agencies to charge candidates for certain costs related to preparing and distributing candidate statements to voters. There is no uniform method that is used to calculate the cost to candidates for distributing their statements, but the cost generally is related to the number of voters who are eligible to vote for the office that a candidate is seeking. While the cost of a candidate's statement might be less than $200 for a city council candidate in a small city, the estimated cost for a candidate for countywide office in Los Angeles to place a 200-word candidate statement in the county voter information guide is almost $140,000 (the statement could cost four times that amount if the candidate chose to have the statement printed in Spanish as well as English, and if the statement was long enough that it extended into a second column in the voter information guide).
While local agencies are allowed to charge candidates for the costs of producing and distributing candidate statements, they are not required to do so. In jurisdictions that do not charge for candidate statements, candidates generally have been much more likely to submit a candidate statement for distribution to voters.
In an effort to provide candidates for local elective office with a lower-cost option for distributing candidate statements to voters, AB 2010 (Ridley-Thomas), Chapter 128, Statutes of 2016, permits local agencies to allow candidates for local, nonpartisan elective office to submit candidate statements that are electronically distributed, but are not included in the voter information guides that are mailed to voters. While jurisdictions still have the option of charging candidates for the costs associated with preparing and distributing these electronic candidate statements, the costs to candidates generally is considerably lower than the cost of having a statement included in the printed voter information guide. For example, for the March 5, 2024 statewide primary election, the cost for a candidate for local elective office in Orange County to have a candidate statement included in the printed voter information guide ranged from $2,372.23 to $23,437.18, depending on the office sought. By contrast, the cost for the same candidate to have a candidate statement electronically distributed was either $430.88 (in the case of a 200 word statement) or $555.88 (in the case of a 400 word statement), regardless of the office that the candidate sought.
AB 2010 provided that the ability for candidates to submit candidate statements for electronic distribution would be available only if the elections official who was conducting the election and the governing body of the local agency for which the election was held permitted such distribution. In many cases, however, local agencies do not conduct their own elections. Instead, it is relatively common for county elections officials to conduct elections on behalf of other local jurisdictions, including cities, school districts, and special districts. The requirement that the governing body of a local agency must first authorize electronic candidate statements before that can be offered to candidates as an option, however, can create inconsistencies when a county elections official conducts elections for multiple other jurisdictions at the same time. In such a situation, candidates for certain offices that are appearing on the ballot may have the option of providing candidate statements for electronic distribution, while candidates for other offices that are appearing on the same ballot do not have the same option. To create greater consistency and provide greater access by candidates to electronically distributed candidate statements, this bill deletes the requirement that the governing body of a local agency must authorize candidates for nonpartisan elective office in the agency to prepare candidate’s statements for the purpose of electronic distribution. As a result, a county elections official would be able to provide the option of electronically-distributed candidate statements to all candidates for offices for which the official is conducting elections.
- Petition Review: Existing law requires the gathering of signatures from a specified number of registered voters on election petitions and papers for various reasons, including the nomination of certain candidates, the qualification of ballot measures, and the qualification of political parties. The signatures on those petitions and papers must be verified by the elections official, who compares the signatures on the petitions and papers to the signatures that are part of the voter registration records for the voters who purportedly signed the petition or paper. While petitions related to city elections are submitted to the city elections official (generally the city clerk), county elections officials generally perform verification of signatures on election petitions and papers since the county elections officials are responsible for maintaining voter registration rolls, and thus are the keeper of the records needed to verify signatures. By allowing county elections officials that are responsible for verifying signatures on election petitions and papers to establish standardized forms for use in the county, this bill could help those elections officials use technology to automate some of the signature verification tasks, thereby potentially reducing costs and increasing the speed of signature verification.
- Arguments in Support: The sponsor of this bill, the Los Angeles County Board of Supervisors, writes in support:
There is a Need for Standardized Petition Forms:
Petition review is challenging for local election officials due to the various document sizes and formats they receive from petitioners throughout the County. As such, the petition review process is largely manual and non-standardized. The lack of standardization slows down the democratic process, creating a lack of efficiency within county election systems… Allowing election officials the opportunity to standardize the petition forms used in their counties would enable them to create review processes that are efficient and cost-effective. Standardizing petitions will also allow counties to utilize available scanning technology to count and verify petition signatures, utilizing fewer staff resources and with increased accuracy… For counties that adopt a standardized approach, this bill would help them reduce staff time processing petitions by at least one-third, resulting in significant time and cost savings, estimated at as much as $190,000 per petition filing for some larger county petitions…
Permitting Online Candidate Statements can be Confusing:
The costs to candidates for including their statements in printed election materials can be cost-prohibitive. Moreover, current law permits online candidate statements only when the local jurisdiction affirmatively permits candidates to prepare online candidate statements, even when the County (not the local jurisdiction) is running the election. This adds a burden to making online candidate statements available while creating a significant administrative and logistical challenge for larger counties, which must track the cities, school districts, community college boards, and special districts that may or may not have approved online candidate statements. Based on a successful 2022 pilot program in Los Angeles County in which the County’s Registrar Recorder provided online candidate statement services for nonpartisan County offices and judicial positions, this bill would permit a county elections official that makes online candidate statements available to permit online candidate statements for all local jurisdictions within the County without requiring the affirmative authorization by each local governing body.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Board of Supervisors (Sponsor)
California Association of Clerks & Election Officials
Opposition
None on file.
Analysis Prepared by: Ethan Jones / ELECTIONS / (916) 319-2094
Bill Author
Bill Co-Author(s):