BILL NUMBER: AB 1207 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE MAY 23, 2006
AMENDED IN ASSEMBLY JANUARY 4, 2006
INTRODUCED BY Assembly Member Yee
( Principal coauthors:
Senators Bowen, Kuehl, and Migden
)
(Coauthors: Assembly Members Koretz
and Laird Hancock,
Koretz, Laird, Pavley, and Wolk
)
FEBRUARY 22, 2005
An act to amend Section 20440 of the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1207, as amended, Yee Code of Fair Campaign Practices.
Existing law requires that, at the time an individual is issued
his or her declaration of candidacy, nomination papers, or other
paper evidencing an intention to be a candidate for public office,
the elections official provide the individual with a form that the
individual may voluntarily sign, titled the "Code of Fair Campaign
Practices." Among other things, the Code of Fair Campaign Practices
sets forth specified conduct in which the individual pledges not to
engage in his or her election campaign.
This bill would revise the pledge contained in the Code of Fair
Campaign Practices to provide that the individual shall not, in the
conduct of his or her campaign, use a candidate's actual or perceived
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, marital status,
sex, age, sexual orientation, sex, including
gender identity, or any other specified characteristic.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both of the
following:
(a) The Legislature encourages meaningful discussion and debate in
campaigns about policies and relevant issues, including ones that
may be controversial, and supports candidates' free expression of
their views on policies and relevant issues during the course of a
campaign.
(b) The Legislature is concerned about the use of prejudice or
appeals to prejudice in campaigns, especially when the prejudice or
appeals to prejudice manifest themselves in explicit or subtle
personal attacks based on a candidate's race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age,
sexual orientation, sex, including gender identity, or any
other characteristic set forth in Section 12940 of the Government
Code, or association with another person who has any of the actual or
perceived characteristics set forth in Section 12940 of the
Government Code.
SEC. 2. Section 20440 of the Elections Code is amended to read:
20440. At the time an individual is issued his or her declaration
of candidacy, nomination papers, or any other paper evidencing an
intention to be a candidate for public office, the elections official
shall give the individual a blank form of the code and a copy of
this chapter. The elections official shall inform each candidate for
public office that subscription to the code is voluntary.
In the case of a committee making an independent expenditure, as
defined in Section 82031 of the Government Code, the Secretary of
State shall provide a blank form and a copy of this chapter to the
individual filing, in accordance with Title 9 (commencing with
Section 81000) of the Government Code, an initial campaign statement
on behalf of the committee.
The text of the code shall read, as follows:
"CODE OF FAIR CAMPAIGN PRACTICES
There are basic principles of decency, honesty, and fair play
which every candidate for public office in the State of California
has a moral obligation to observe and uphold , in
order that, after vigorously contested , but
fairly conducted campaigns, our citizens may exercise their
constitutional right to a free and untrammeled choice and the will of
the people may be fully and clearly expressed on the issues.
THEREFORE:
(1) I SHALL CONDUCT my campaign openly and publicly, discussing
the issues as I see them, presenting my record and policies with
sincerity and frankness, and criticizing without fear or favor the
record and policies of my opponents or political parties that merit
this criticism.
(2) I SHALL NOT USE OR PERMIT the use of character defamation,
whispering campaigns, libel, slander, or scurrilous attacks on any
candidate or his or her personal or family life.
(3) I SHALL NOT USE OR PERMIT any appeal to negative prejudice
based on a candidate's actual or perceived race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, marital status, sex, age,
sexual orientation age, sexual orientation, sex,
including gender identity , or any other
characteristic set forth in Section 12940 of the Government Code, or
association with another person who has any of the actual or
perceived characteristics set forth in Section 12940 of the
Government Code.
(4) I SHALL NOT USE OR PERMIT any dishonest or unethical practice
that tends to corrupt or undermine our American system of free
elections, or that hampers or prevents the full and free expression
of the will of the voters including acts intended to hinder or
prevent any eligible person from registering to vote, enrolling to
vote, or voting.
(5) I SHALL NOT coerce election help or campaign contributions for
myself or for any other candidate from my employees.
(6) I SHALL IMMEDIATELY AND PUBLICLY REPUDIATE support deriving
from any individual or group that resorts, on behalf of my candidacy
or in opposition to that of my opponent, to the methods and tactics
that I condemn. I shall accept responsibility to take firm action
against any subordinate who violates any provision of this code or
the laws governing elections.
(7) I SHALL DEFEND AND UPHOLD the right of every qualified
American voter to full and equal participation in the electoral
process.
I, the undersigned, candidate for election to public office in the
State of California or treasurer or chairperson of a committee
making any independent expenditures, hereby voluntarily endorse,
subscribe to, and solemnly pledge myself to conduct my campaign in
accordance with the above principles and practices."
_____________ ___________________________________
Date Signature