SB 25: Declaration of candidacy: notary.
- Session Year: 2023-2024
- House: Senate
- Latest Version Date: 2023-06-29
Current Status:
Passed
(2023-06-29: Chaptered by Secretary of State. Chapter 26, Statutes of 2023.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
The bill lets candidates for California public office who will be outside the state during the nomination period use a notary public in another state to notarize their declaration of candidacy. They must attach the out‑of‑state notary’s certificate that complies with that state’s law.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate. Existing law requires the declaration to be subscribed and sworn before a notary public or other official.
This bill would authorize a candidate who will not be in the State of California during the entire nomination period to appear before a notary public of another state to complete the declaration of candidacy, as specified.
Existing law requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate. Existing law requires the declaration to be subscribed and sworn before a notary public or other official.
This bill would authorize a candidate who will not be in the State of California during the entire nomination period to appear before a notary public of another state to complete the declaration of candidacy, as specified.
Existing law requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate. Existing law requires the declaration to be subscribed and sworn before a notary public or other official.
This bill would authorize a candidate who will not be in the State of California during the entire nomination period to appear before a notary public of another state to complete the declaration of candidacy, as specified.
Existing law requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate. Existing law requires the declaration to be subscribed and sworn before a notary public or other official.
This bill would authorize a candidate who will not be in the State of California during the entire nomination period to appear before a notary public of another state to complete the declaration of candidacy, as specified.
The Personal Income Tax Law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, including an exclusion for the amount of student loan indebtedness repaid or canceled pursuant to a specified federal law.This bill would exclude from an individuals gross income, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, the amount of certain student loans discharged, in whole or in part, after December 31, 2020, and before January 1, 2026, in conformity with federal law.Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.This bill would state the intent of the Legislature to comply with those provisions.This bill would make findings and declarations related to a gift of public funds.The Personal Income Tax Law, in modified conformity with federal income tax law, generally defines gross income as income from whatever source derived, except as specifically excluded, including an exclusion for the amount of student loan indebtedness repaid or canceled pursuant to a specified federal law.
This bill would exclude from an individuals gross income, for taxable years beginning on or after January 1, 2021, and before January 1, 2026, the amount of certain student loans discharged, in whole or in part, after December 31, 2020, and before January 1, 2026, in conformity with federal law.
Existing law requires any bill authorizing a new tax expenditure to contain, among other things, specific goals, purposes, and objectives that the tax expenditure will achieve, detailed performance indicators, and data collection requirements.
This bill would state the intent of the Legislature to comply with those provisions.
This bill would make findings and declarations related to a gift of public funds.
(a)The declaration of candidacy by a candidate shall be substantially as follows:
DECLARATION OF CANDIDACY |
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true: My name is . I want my name and occupational designation to appear on the ballot as follows: ______________________________________. |
Addresses: Residence Business Mailing |
Telephone numbers: Day _________ Evening _________ |
Internet website:_______________________________________ |
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required). |
I am at present an incumbent of the following public office |
(if any) __________. |
If nominated, I will accept the nomination and not withdraw. |
Signature of candidate |
A candidate for voter-nominated office shall also complete all of the following: | ||
(1)I hereby certify that: | ||
(a)At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any: . | ||
(b)My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows: | ||
Party Registration | County | Timeframe (by year) |
(2)Pursuant to Section 8002.5 of the Elections Code, select one of the following: | ||
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration). | ||
______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration). | ||
Dated this ___ day of _____, 20___. | ||
Signature of candidate | ||
| A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
State of California | ) | |
County of | ) ss. | |
) |
Subscribed and sworn to before me this ___ day of ________, 20____. |
Signature of Notary Public (or other official) Notary Public Seal |
Examined and certified by me this ________ day of ________, 20____. |
County Elections Official |
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the persons possession which is entitled to be filed under the provisions of the Elections Code Section 18202. |
(b)At the discretion of the elections official, a candidate for a judicial office, or a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, or 2166.7, may withhold the candidates residence address from the declaration of candidacy. If a candidate does not state the candidates residence address on the declaration of candidacy, the elections official shall verify whether the candidates address is within the appropriate political subdivision and add the notation verified where appropriate on the declaration.
(c)If a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notarys state.
(a)The declaration of candidacy by a candidate shall be substantially as follows:
DECLARATION OF CANDIDACY |
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true: My name is . I want my name and occupational designation to appear on the ballot as follows: ______________________________________. |
Addresses: Residence Business Mailing |
Telephone numbers: Day _________ Evening _________ |
Internet website:_______________________________________ |
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required). |
I am at present an incumbent of the following public office |
(if any) __________. |
If nominated, I will accept the nomination and not withdraw. |
Signature of candidate |
A candidate for voter-nominated office shall also complete all of the following: | ||
(1)I hereby certify that: | ||
(a)At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any: . | ||
(b)My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows: | ||
Party Registration | County | Timeframe (by year) |
(2)Pursuant to Section 8002.5 of the Elections Code, select one of the following: | ||
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration). | ||
______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration). | ||
Dated this ___ day of _____, 20___. | ||
Signature of candidate | ||
| A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
State of California | ) | |
County of | ) ss. | |
) |
Subscribed and sworn to before me this ___ day of ________, 20____. |
Signature of Notary Public (or other official) Notary Public Seal |
Examined and certified by me this ________ day of ________, 20____. |
County Elections Official |
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the persons possession which is entitled to be filed under the provisions of the Elections Code Section 18202. |
(b)At the discretion of the elections official, a candidate for a judicial office, or a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, or 2166.7, may withhold the candidates residence address from the declaration of candidacy. If a candidate does not state the candidates residence address on the declaration of candidacy, the elections official shall verify whether the candidates address is within the appropriate political subdivision and add the notation verified where appropriate on the declaration.
(c)If a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notarys state.
(a)The declaration of candidacy by a candidate shall be substantially as follows:
DECLARATION OF CANDIDACY |
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true: My name is . I want my name and occupational designation to appear on the ballot as follows: ______________________________________. |
Addresses: Residence Business Mailing |
Telephone numbers: Day _________ Evening _________ |
Internet website:_______________________________________ |
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required). |
I am at present an incumbent of the following public office |
(if any) __________. |
If nominated, I will accept the nomination and not withdraw. |
Signature of candidate |
A candidate for voter-nominated office shall also complete all of the following: | ||
(1)I hereby certify that: | ||
(a)At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any: . | ||
(b)My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows: | ||
Party Registration | County | Timeframe (by year) |
(2)Pursuant to Section 8002.5 of the Elections Code, select one of the following: | ||
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration). | ||
______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration). | ||
Dated this ___ day of _____, 20___. | ||
Signature of candidate | ||
| A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. |
State of California | ) | |
County of | ) ss. | |
) |
Subscribed and sworn to before me this ___ day of ________, 20____. |
Signature of Notary Public (or other official) Notary Public Seal |
Examined and certified by me this ________ day of ________, 20____. |
County Elections Official |
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in the persons possession which is entitled to be filed under the provisions of the Elections Code Section 18202. |
(b)At the discretion of the elections official, a candidate for a judicial office, or a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, or 2166.7, may withhold the candidates residence address from the declaration of candidacy. If a candidate does not state the candidates residence address on the declaration of candidacy, the elections official shall verify whether the candidates address is within the appropriate political subdivision and add the notation verified where appropriate on the declaration.
(c)If a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach to their declaration of candidacy a notarial certificate from the out-of-state notary to their declaration of candidacy. that complies with the law of the notarys state.
(a)The declaration of candidacy by a candidate shall be substantially as follows:
DECLARATION OF CANDIDACY |
I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true: My name is . I want my name and occupational designation to appear on the ballot as follows: ______________________________________. |
Addresses: Residence Business Mailing |
Telephone numbers: Day _________ Evening _________ |
Web site: Internet website:_______________________________________ |
I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required). |
I am at present an incumbent of the following public office |
(if any) __________. |
If nominated, I will accept the nomination and not withdraw. |
Signature of candidate |
A candidate for voter-nominated office shall also complete all of the following: | ||
(1)I hereby certify that: | ||
(a)At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any: . | ||
(b)My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows: | ||
Party Registration | County | Timeframe (by year) |
(2)Pursuant to Section 8002.5 of the Elections Code, select one of the following: | ||
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration). | ||
______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration). | ||
Dated this ___ day of _____, 20___. | ||
Signature of candidate | ||
State of California | ) | |
County of | ) ss. | |
) |
Subscribed and sworn to before me this ___ day of ________, 20____. |
Notary Public (or other official) |
Examined and certified by me this ________ day of ________, 20____. |
County Elections Official |
WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in his or her the persons possession which is entitled to be filed under the provisions of the Elections Code Section 18202. |
(b)At the discretion of the elections official,a official, a candidate for a judicial office, or a candidate for any office whose voter registration information is confidential under Section 2166, 2166.5, or 2166.7, may withhold his or her the candidates residence address from the declaration of candidacy. If a candidate does not state his or her the candidates residence address on the declaration of candidacy, the elections official shall verify whether the candidates address is within the appropriate political subdivision and add the notation verified where appropriate on the declaration.
(c)If a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. The candidate shall attach a notarial certificate from the out-of-state notary to their declaration of candidacy.
SECTION 1.Section 17144.8 of the Revenue and Taxation Code is amended to read:17144.8.(a)Section 108(f)(5) of the Internal Revenue Code, relating to discharges on account of death or disability, as added by Section 11031(a) of the federal Tax Cuts and Jobs Act (Public Law 115-97), shall apply except as otherwise provided.(b)Section 108(f)(5)(A) of the Internal Revenue Code, as added by Section 11031(a) of the federal Tax Cuts and Jobs Act (Public Law 115-97), is modified by substituting the phrase after December 31, 2018, in lieu of the phrase after December 31, 2017, and before January 1, 2026.(c)For taxable years beginning on or after January 1, 2021, and before January 1, 2026, the amendments made by Section 9675(a) of the American Rescue Plan Act of 2021 (Public Law 117-2) to Section 108(f)(5) of the Internal Revenue Code relating to the special rule for discharges in 2021 through 2025 shall apply.SEC. 2.It is the intent of the Legislature to comply with Section 41.SEC. 3.The Legislature hereby finds and declares that the exclusion authorized by Section 17144.8 of the Revenue and Taxation Code, as amended by this act, serves the public purpose of conforming with federal tax law for state tax purposes in order to lessen the tax burden on individuals who have their student loans discharged and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.(a)Section 108(f)(5) of the Internal Revenue Code, relating to discharges on account of death or disability, as added by Section 11031(a) of the federal Tax Cuts and Jobs Act (Public Law 115-97), shall apply except as otherwise provided.
(b)Section 108(f)(5)(A) of the Internal Revenue Code, as added by Section 11031(a) of the federal Tax Cuts and Jobs Act (Public Law 115-97), is modified by substituting the phrase after December 31, 2018, in lieu of the phrase after December 31, 2017, and before January 1, 2026.
(c)For taxable years beginning on or after January 1, 2021, and before January 1, 2026, the amendments made by Section 9675(a) of the American Rescue Plan Act of 2021 (Public Law 117-2) to Section 108(f)(5) of the Internal Revenue Code relating to the special rule for discharges in 2021 through 2025 shall apply.
SEC. 2.It is the intent of the Legislature to comply with Section 41.
SEC. 3.The Legislature hereby finds and declares that the exclusion authorized by Section 17144.8 of the Revenue and Taxation Code, as amended by this act, serves the public purpose of conforming with federal tax law for state tax purposes in order to lessen the tax burden on individuals who have their student loans discharged and does not constitute a gift of public funds within the meaning of Section 6 of Article XVI of the California Constitution.
|
Date
|
Status
|
|---|---|
| Jun 29, 2023 | Chaptered by Secretary of State. Chapter 26, Statutes of 2023. |
| Jun 29, 2023 | Approved by the Governor. |
| Jun 21, 2023 | Enrolled and presented to the Governor at 11:30 a.m. |
| Jun 15, 2023 | In Senate. Ordered to engrossing and enrolling. |
| Jun 15, 2023 | Read third time. Passed. (Ayes 74. Noes 0. Page 2264.) Ordered to the Senate. |
| Jun 8, 2023 | Read second time. Ordered to consent calendar. |
| Jun 7, 2023 | From committee: Do pass. Ordered to consent calendar. (Ayes 8. Noes 0.) (June 7). |
| May 11, 2023 | Referred to Com. on ELECTIONS. |
| May 1, 2023 | In Assembly. Read first time. Held at Desk. |
| May 1, 2023 | Read third time. Passed. (Ayes 37. Noes 0. Page 959.) Ordered to the Assembly. |
| Apr 20, 2023 | Read second time. Ordered to third reading. |
| Apr 19, 2023 | From committee: Do pass. (Ayes 7. Noes 0. Page 791.) (April 18). |
| Apr 13, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A. |
| Apr 12, 2023 | Set for hearing April 18. |
| Mar 15, 2023 | Re-referred to Com. on E. & C.A. |
| Mar 8, 2023 | Withdrawn from committee. |
| Mar 8, 2023 | Re-referred to Com. on RLS. |
| Mar 7, 2023 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F. |
| Jan 18, 2023 | Referred to Com. on GOV. & F. |
| Dec 6, 2022 | From printer. May be acted upon on or after January 5. |
| Dec 5, 2022 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 15, 2023 | SB 25 Skinner Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Jun 7, 2023 | Do pass. To Consent Calendar. | Assembly Standing Committee on Elections |
Passed |
|
| May 1, 2023 | Senate 3rd Reading SB25 Skinner | Senate Floor |
Passed |
|
| Apr 18, 2023 | Do pass | Senate Standing Committee on Elections and Constitutional Amendments |
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 Faculty Association | * Support | Apr 18, 2023 |
| National Notary Association | ** Support | |
| Secretary of State Dr. Shirley N. Weber, Ph.D. | ** Support |
Date of Hearing: June 7, 2023
ASSEMBLY COMMITTEE ON ELECTIONS
Isaac G. Bryan, Chair
SBPCA Bill Id:SB 25
Author:(Skinner) – As Amended Ver:April 13, 2023
SENATE VOTE: 37-0
SUBJECT: Declaration of candidacy: notary.
SUMMARY: Permits a candidate who will not be in California during the candidate nomination period to appear before a notary public of another state to complete their declaration of candidacy. Specifically, this bill:
- Allows a candidate, if the candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State (SOS) or other California official to complete their declaration of candidacy, to appear before a notary public in another state to complete the declaration of candidacy. Requires the candidate to attach to their declaration of candidacy a notarial certificate from the out-of-state notary that complies with the law of the notary’s state.
- Requires a declaration of candidacy form to state that the notary public or other official completing the certificate verifies only the identity of the individual who signed the document and not the truthfulness, accuracy, or validity of the declaration of candidacy.
- Makes other technical and conforming changes.
EXISTING LAW:
- Defines the term “nomination documents” to mean the declaration of candidacy and nomination papers. (Elections Code §333)
- Requires all candidates for public office at the primary election to file a declaration of candidacy. (Elections Code §§8020, 8040)
- Requires nomination documents to be made available and provided free of charge. Requires nomination documents to be delivered to the county elections official of the candidate’s county of residence between the 113th day and the 88th day before an election. (Elections Code §§8020, 8063, 8064, 8101)
- Requires the execution of the declaration of candidacy to be witnessed by an elections official or a notary public. (Elections Code §8040)
- Permits a candidate, in a written statement signed and dated by the candidate, to designate a person to receive a declaration of candidacy form from the elections official and deliver it to the candidate. Requires the statement to include language indicating that the candidate is aware that the declaration of candidacy must be properly executed and delivered to the elections official of the county of the candidate’s residence by the 88th day prior to the direct primary election. Requires the statement to be retained by the elections official. (Elections Code §8028(b))
- Permits the nomination documents to be delivered to the county elections official by a person other than the candidate. (Elections Code §8020(b))
- Requires every person appointed as notary public to meet all of the following requirements:
- Be at the time of appointment a legal resident of California, except as specified.
- Be not less than 18 years of age.
- Have satisfactorily completed a six-hour course of study approved by the SOS pursuant to existing law concerning the functions and duties of a notary public.
- Have satisfactorily completed a written examination prescribed by the SOS to determine the fitness of the person to exercise the functions and duties of the office of notary public.
- Provide satisfactory proof that they have completed the course of study required pursuant to existing law prior to approval of their appointment as a notary public by the SOS, as specified. (Government Code §8201)
- Be at the time of appointment a legal resident of California, except as specified.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the Legislative Counsel.
COMMENTS:
- Purpose of the Bill: According to the author:
Requiring candidates for statewide office to file their declaration of candidacy physically in California is generally not a problem. However, unavoidable circumstances sometimes arise, such as a family emergency or a significant medical event, which require candidates to be [temporarily] located outside of California during the time period they are required to declare their candidacy. SB 25 ensures the law allows flexibility for these situations by allowing candidates to submit their declaration of candidacy with a U.S. notary public if they are unable to be physically present in California.
- Notary Publics: A notary public is an official appointed by the SOS to serve the public as an impartial witness in performing a variety of official acts related to the signing of important documents. Most notarial acts relate to another person signing or certifying a document and the document is commonly said to be “notarized.” The most frequently performed notarial act is an acknowledgment. An acknowledgment is a notarial certificate attached to a document when the notary public confirms the identity of the signer and the signer acknowledges being the signer of the document. By completing a certificate of acknowledgment, the notary public is only notarizing the signature of the person who signed the document and is not certifying the legality of the underlying document. A notary public’s jurisdiction is not limited to the county in which the notary public’s oath and bond are filed, however, existing law prohibits a California notary public from performing notarial acts outside of the borders of California.
The SOS is responsible for overseeing notary public commissions within California. The SOS grants four-year notary public commissions to qualified persons, approves notary public education courses, authorizes notary seal manufacturers, investigates violations of notary public law, and takes disciplinary action.
- Declaration of Candidacy: Existing law requires all candidates for office at a primary election to obtain nomination documents from the county elections official of the candidate’s county of residence. Nomination documents include nomination papers for collecting signatures and a declaration of candidacy that must be executed by the candidate. A declaration of candidacy is a document on which a person declares themselves a candidate for a particular office, and is required to be submitted for all elective offices. When completing the form, the filer provides specified contact information, and certifies their party preference and that they meet the statutory and constitutional qualifications for the office being sought. In order for a declaration of candidacy to be valid, existing law requires an elections deputy to witness the candidate sign the declaration of candidacy form. However, if a candidate is unable to come in person to the elections office to sign and submit their form during the candidate filing period, existing law requires the declaration of candidacy to be witnessed by a notary public.
This bill additionally allows a candidate who will not be within California during the candidate nomination period and thus will be unable to appear before a California notary public or elections official to sign their declaration of candidacy form to instead appear before a notary public in another state to complete their form. - Arguments in Support: The sponsor of this bill, Secretary of State Dr. Shirley N. Weber, Ph.D., writes:
Senate Bill 25 expands on the existing process used to verify the identity of people who submit a declaration of candidacy to run for state office. Specifically, SB 25 would amend the identity verification process for candidates who do not submit their declaration of candidacy in-person to a county elections official in California. Existing law requires that the declaration of candidacy form is submitted along with a notarial certificate to verify the candidate's identity. However, the requirement to obtain identity verification from an in-state notary public has the potential to create unintended constraints for candidates whose business, public service, or other activities may require a candidate to leave the state during the period for submitting a declaration of candidacy.
Senate Bill 25 aims to solve this problem by allowing candidates for state office to submit a declaration of candidacy performed by a California commissioned notary or a notary outside of California within the United States. This solution would help prevent disenfranchisement of candidates and voters to the extent that the existing process reduces the number of candidates that voters may choose from on Election Day.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Dr. Shirley N. Weber, Ph.D. (Sponsor)
National Notary Association
Opposition
None on file.
Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB 25 |
THIRD READING
Bill No: SB 25
Author: Skinner (D)
Amended: 4/13/23
Vote: 21
SENATE ELECTIONS & C.A. COMMITTEE: 7-0, 4/18/23
AYES: Glazer, Nguyen, Allen, McGuire, Menjivar, Newman, Umberg
SUBJECT: Declaration of candidacy: notary
SOURCE: Secretary of State Dr. Shirley N. Weber, Ph.D.
DIGEST:
This bill permits a candidate who will not be in the State of California during the entire nomination period to appear before a notary public of another state to complete the declaration of candidacy, as specified.
ANALYSIS:
Existing law:
- Requires nomination documents to be made available and provided free of charge. Provides, between the 113th day to the 88th day before the election, the nomination papers must be delivered to the county elections official of the county in which the signer resides and is a voter.
- Requires the declaration of candidacy be delivered to the county elections official of the candidate’s county of residence by 88th day before the election. Provides that a candidate running for the office of United States House of Representative, who does not reside in the district where seeking office, can deliver the Declaration of Candidacy to the county elections official in any county within the district where the candidate is seeking office and from whom it was received.
- Requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate.
- Requires the declaration to be subscribed and sworn before a notary public or other official.
This bill:
- Provides that if a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State (SOS) or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. Requires the candidate to attach a notarial certificate from the out-of-state notary that complies with the law of the notary’s state to their declaration of candidacy.
- Makes various changes to the sample declaration of candidacy form, such as adding a notary public seal and clarifying that the notary public or other official completing the certificate verifies only the identity of the individual who signed the document and not the truthfulness, accuracy, or validity of the declaration of candidacy.
- Makes other minor, nonsubstantive changes.
Background
Declaration of Candidacy. When seeking office in primary elections, a declaration of candidacy is required to be submitted by the candidate. When completing the form, the filer includes various contact information and certifies their party preference and that they meet the statutory and constitutional qualifications for the office being sought. A notary public or another official must sign on the declaration of candidacy before it is examined and certified by the county elections official and submitted to the SOS.
Notary Publics. A notary public is an official appointed by the SOS to serve the public as an impartial witness in performing a variety of official acts related to the signing of important documents. According to the SOS, a notary public is responsible for overseeing notary commissions within the state, as well as authenticating the signatures of California public officials and notaries public. The SOS grants four-year notary public commissions to qualified persons, approves notary public education courses, authorizes notary seal manufacturers, investigates violations of notary public law and takes disciplinary action, and issues apostilles. To become a notary public, you must be at least 18 years of age, a legal California resident, complete a course of study approved by the SOS, satisfactorily complete and pass a written examination prescribed by the SOS, and clear a background check.
Comments
According to the author, requiring candidates for statewide office to file their declaration of candidacy physically in California is generally not a problem. However, unavoidable circumstances sometimes arise, such as a family emergency or a significant medical event, which require candidates to be temporally located outside of California during the time period they are required to declare their candidacy. SB 25 ensures the law allows flexibility for these situations by allowing candidates to submit their declaration of candidacy with a United States notary public if they are unable to be physically present in California.
Related/Prior Legislation
AB 1210 (Nakano, Chapter 513, Statutes of 2003) imposed mandatory education requirements for notaries public and required the SOS to review and approve (by regulation) education courses that vendors wish to offer.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
SUPPORT: (Verified 4/20/23)
Secretary of State Dr. Shirley N. Weber, Ph.D. (source)
OPPOSITION: (Verified 4/20/23)
Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106
4/21/23 15:32:02
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SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Steven Glazer, Chair
2023 - 2024 Regular
Bill No: 25 Hearing Date: 4/18/23
Author: | Skinner | ||
Version: | 4/13/23 | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject:
DIGEST
This bill permits a candidate who will not be in the State of California during the entire nomination period to appear before a notary public of another state to complete the declaration of candidacy, as specified.
ANALYSIS
Existing law:
- Requires nomination documents to be made available and provided free of charge. Provides, between the 113th day to the 88th day before the election, the nomination papers must be delivered to the county elections official of the county in which the signer resides and is a voter.
- Requires the declaration of candidacy be delivered to the county elections official of the candidate’s county of residence by 88th day before the election. Provides that a candidate running for the office of United States House of Representative, who does not reside in the district where seeking office, can deliver the Declaration of Candidacy to the county elections official in any county within the district where the candidate is seeking office and from whom it was received.
- Requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate.
- Requires the declaration to be subscribed and sworn before a notary public or other official.
This bill:
- Provides that if a candidate will not be within the State of California during the entire nomination period and is unable to appear before a notary public appointed by the Secretary of State (SOS) or other California official to complete their declaration of candidacy, the candidate may appear before a notary public in another state to complete the declaration of candidacy. Requires the candidate to attach a notarial certificate from the out-of-state notary that complies with the law of the notary’s state to their declaration of candidacy.
- Makes various changes to the sample declaration of candidacy form, such as adding a notary public seal and clarifying that the notary public or other official completing the certificate verifies only the identity of the individual who signed the document and not the truthfulness, accuracy, or validity of the declaration of candidacy.
- Makes other minor, nonsubstantive changes.
BACKGROUND
Declaration of Candidacy. When seeking office in primary elections, a declaration of candidacy is required to be submitted by the candidate. When completing the form, the filer includes various contact information and certifies their party preference and that they meet the statutory and constitutional qualifications for the office being sought. A notary public or another official must sign on the declaration of candidacy before it is examined and certified by the county elections official and submitted to the SOS.
Notary Publics. A notary public is an official appointed by the SOS to serve the public as an impartial witness in performing a variety of official acts related to the signing of important documents. According to the SOS, a notary public is responsible for overseeing notary commissions within the State, as well as authenticating the signatures of California public officials and notaries public. The SOS grants four-year notary public commissions to qualified persons, approves notary public education courses, authorizes notary seal manufacturers, investigates violations of notary public law and takes disciplinary action, and issues apostilles. To become a notary public, you must be at least 18 years of age, a legal California resident, complete a course of study approved by the SOS, satisfactorily complete and pass a written examination prescribed by the SOS, and clear a background check.
As it related to the declaration of candidacy, the ability of a notary public, or other official, to sign a form similar to the declaration of candidacy goes back to at least 1913, pursuant to SB 1259 (Larkins), Chapter 690, Statutes of 1913.
COMMENTS
- According to the Author: Requiring candidates for statewide office to file their declaration of candidacy physically in California is generally not a problem. However, unavoidable circumstances sometimes arise, such as a family emergency or a significant medical event, which require candidates to be temporally located outside of California during the time period they are required to declare their candidacy. SB 25 ensures the law allows flexibility for these situations by allowing candidates to submit their declaration of candidacy with a United States notary public if they are unable to be physically present in California.
- Argument in Support. In a letter sponsoring SB 25, Secretary of State Dr. Shirley N. Weber, Ph.D., stated, in part, the following:
This bill would allow a candidate, such as a member of the California Congressional Delegation, to complete their declaration of candidacy for state office if they are physically located in another located outside California but within the United States.
Senate Bill 25 expands on the existing process used to verify the identity of people who submit a declaration of candidacy to run for state office. Specifically, SB 25 would amend the identity verification process for candidates who do not submit their declaration of candidacy in-person to a county elections official in California. Existing law requires that the declaration of candidacy form is submitted along with a notarial certificate to verify the candidate's identity. However, the requirement to obtain identity verification from an in-state notary public has the potential to create unintended constraints for candidates whose business, public service, or other activities may require a candidate to leave the state during the period for submitting a declaration of candidacy.
Senate Bill 25 aims to solve this problem by allowing candidates for state office to submit a declaration of candidacy performed by a California commissioned notary or a notary outside of California within the United States. This solution would help prevent disenfranchisement of candidates and voters to the extent that the existing process reduces the number of candidates that voters may choose from on Election Day.
RELATED/PRIOR LEGISLATION
AB 1210 (Nakano), Chapter 513, Statutes of 2003, imposed mandatory education requirements for notaries public and required the SOS to review and approve (by regulation) education courses that vendors wish to offer.
POSITIONS
Sponsor: Secretary of State Dr. Shirley N. Weber, Ph.D.
Support: None received
Oppose: None received
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Discussed in Hearing
2MIN
Senate Floor
4MIN
Senate Floor
8MIN
Senate Standing Committee on Elections and Constitutional Amendments
Bill Author
Bill Co-Author(s):