BILL NUMBER: AB 3099	CHAPTERED  07/09/04

	CHAPTER  132
	FILED WITH SECRETARY OF STATE  JULY 9, 2004
	APPROVED BY GOVERNOR  JULY 8, 2004
	PASSED THE SENATE  JUNE 24, 2004
	PASSED THE ASSEMBLY  APRIL 29, 2004

INTRODUCED BY   Committee on Elections, Redistricting and
Constitutional Amendments (Longville (Chair), Jerome Horton, Laird,
Leno, and Levine)

                        MARCH 18, 2004

   An act to repeal Section 11382 of the Elections Code, relating to
recall elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 3099, Committee on Elections, Redistricting and Constitutional
Amendments.  Recall elections:  vote count.
   Existing statutory law prohibits a voter in a recall election from
voting for a candidate to replace an officer unless he or she first
votes for or against the recall of that officer.  This law was found
unconstitutional by the United States District Court for the Southern
District of California in Partnoy v. Shelley (S.D. Cal. 2003) 277
F.Supp. 1064.
   This bill would repeal the statutory law.


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


  SECTION 1.  Section 11382 of the Elections Code is repealed.