SB 637: Elections: candidate qualifications.

Current Status:

Failed

(2024-02-01: Returned to Secretary of Senate pursuant to Joint Rule 56.)

Introduced

In Committee

First Chamber

In Committee

Second Chamber

Enacted

What does this bill do?

This bill states the Legislature’s intent to authorize the California Secretary of State to disqualify from the ballot any candidate who is barred from holding office under Section 3 of the 14th Amendment. Section 3 bars people who took part in or supported an insurrection or rebellion against the United States (or aided its enemies) from holding public office.

Version:

Existing law prescribes various eligibility requirements for a person to become a candidate for elective office. Existing law establishes the Secretary of State as the chief elections officer of the state, and specifies various powers and duties of the office relating to this role.

This bill would state the intent of the Legislature to enact legislation authorizing the Secretary of State to disqualify a candidate from the ballot if the candidate is prohibited from holding office under Section 3 of Article 14 of the United States Constitution.

Existing law generally regulates the deposit of state funds in banks. Existing law authorizes the Treasurer to deposit money in banks outside this state if specified conditions are satisfied. Existing law requires all other money in the State Treasury or under the control of the Treasurer belonging to or in the custody of the state to be deposited by the Treasurer to the credit of the state in eligible banks, as defined and specified. Existing law requires the Treasurer to enter into contracts with depositories when, in the judgment of the Treasurer, it will be in the public advantage, as specified. Existing law prohibits state funds to be used to reimburse a state contractor for any costs incurred to assist, promote, or deter union organizing, as defined and specified.This bill would prohibit a state agency from entering into a contract with, depositing state funds with, or receiving a loan from a financial institution that invests in or makes loans to a company that manufactures firearms or ammunition. The bill would authorize a state agency that is a party to a contract prohibited by that provision to remain a party to that contract until the contract expires. This bill would require state agencies to comply with these provisions only to the extent that the compliance is consistent with the state agencys fiduciary responsibilities, as specified. The bill would provide that neither a state agency nor the Treasurer are required to comply with this section if they decide that complying with this section would impair their constitutional responsibilities. The bill would define various terms for these purposes.

This bill would prohibit a state agency from entering into a contract with, depositing state funds with, or receiving a loan from a financial institution that invests in or makes loans to a company that manufactures firearms or ammunition. The bill would authorize a state agency that is a party to a contract prohibited by that provision to remain a party to that contract until the contract expires.

This bill would require state agencies to comply with these provisions only to the extent that the compliance is consistent with the state agencys fiduciary responsibilities, as specified. The bill would provide that neither a state agency nor the Treasurer are required to comply with this section if they decide that complying with this section would impair their constitutional responsibilities. The bill would define various terms for these purposes.

Existing law prohibits certain state trust funds from making or holding investments in business firms or financial institutions that engage in specified discriminatory business practices. This bill would state the intent of the Legislature to subsequently amend this bill to include provisions that would prohibit financial institutions that do business with gun manufacturers from doing business with the state of California.

Version:

The people of the State of California do enact as follows:SECTION 1.

It is the intent of the Legislature to enact legislation authorizing the Secretary of State to disqualify a candidate from the ballot if the candidate is prohibited from holding office under Section 3 of Article 14 of the United States Constitution.

SECTION 1.Chapter 4.1 (commencing with Section 16570) is added to Part 2 of Division 4 of Title 2 of the Government Code, to read:4.1.Firearm and Ammunition Manufacturers16570.(a)For purposes of this chapter, the following definitions apply:(1)Ammunition has the same meaning as defined in Section 16150 of the Penal Code.(2)Financial institution means a commercial bank, trust company, savings and loan association, credit union, industrial loan company, insurance company, or person engaged in the business of lending money.(3)Firearm has the same meaning as defined in Section 16520 of the Penal Code.(4)State agency includes every state office, officer, department, division, bureau, board, and commission.(b)A state agency shall not enter into a contract with, deposit state funds with, or receive a loan from a financial institution that invests in or makes loans to a company that manufactures firearms or ammunition.(c)If a state agency is a party to a contract prohibited by subdivision (b) on January 1, 2024, the state agency may remain a party to that contract until the contract expires.(d)A state agency shall comply with subdivisions (b) and (c) only to the extent that compliance is consistent with the state agencys fiduciary responsibilities, including, but not limited to, fiduciary responsibilities described in Section 12333 of the Government Code and other fiduciary duties as provided under state law and the California Constitution.(e)Neither a state agency nor the Treasurer is required to comply with this section if they decide that complying with this section would impair their constitutional responsibilities.

Date	Status
Feb 1, 2024	Returned to Secretary of Senate pursuant to Joint Rule 56.
Sep 14, 2023	Re-referred to Com. on RLS.
Sep 14, 2023	Withdrawn from committee.
Sep 13, 2023	(Ayes 29. Noes 8. Page 2713.)
Sep 13, 2023	From committee with author's amendments. Read second time and amended. Re-referred to Com. on G.O.
Sep 13, 2023	Senate rules suspended.
Mar 29, 2023	Re-referred to Coms. on G.O. and B. & F.I.
Mar 22, 2023	From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Mar 1, 2023	Referred to Com. on RLS.
Feb 17, 2023	From printer. May be acted upon on or after March 19.
Feb 16, 2023	Introduced. Read first time. To Com. on RLS. for assignment. To print.

Authors shown for version:
Amended Senate (9/13/2023)