BILL NUMBER: AB 1732	CHAPTERED  07/20/07

	CHAPTER  125
	FILED WITH SECRETARY OF STATE  JULY 20, 2007
	APPROVED BY GOVERNOR  JULY 20, 2007
	PASSED THE SENATE  JULY 9, 2007
	PASSED THE ASSEMBLY  MAY 10, 2007

INTRODUCED BY   Committee on Elections and Redistricting

                        MARCH 14, 2007

   An act to amend Sections 320, 9237, and 13308 of the Elections
Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1732, Committee on Elections and Redistricting. Elections.
   (1) Existing law defines "elections official" to include, among
other persons, a county clerk, city clerk, registrar of voters,
elections supervisor, or governing board having jurisdiction over
elections within any county, city, or district within the state.
   The bill would delete "governing board" from this definition.
   (2) Existing law provides that if a petition protesting the
adoption of an ordinance, and circulated by a person who is a
registered voter or who is qualified to be a registered voter of the
city, is submitted to the elections official of the legislative body
of the city in his or her office during normal office hours, as
posted, within 30 days of the adoption of the ordinance, and is
signed by a specified number of registered voters, then the effective
date of the ordinance shall be suspended and the legislative body
shall reconsider the ordinance.
   This bill would instead require that the petition be submitted to
the elections official under these provisions within 30 days of the
date the adopted ordinance is attested by the city clerk or secretary
to the legislative body.
   (3) Existing law, in addition to specified restrictions on a
candidate's statement for nonpartisan elective office in any local
agency, limits the statement by a candidate for judicial office in
the ballot pamphlet to a recitation of the candidate's own personal
background and qualifications, and prohibits him or her from making
reference to other candidates for judicial office or to another
candidate's qualifications, character, or activities.
   This bill would additionally apply these limitations to all
candidates for nonpartisan elective office in any local agency. By
expanding the scope of application of restrictions on candidates for
local nonpartisan elective office, the bill would increase the duties
of local elections officials and, thereby, impose a state-mandated
local program.
   (4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  Section 320 of the Elections Code is amended to read:
   320.  "Elections official" means any of the following:
   (a) A clerk or any person who is charged with the duty of
conducting an election.
   (b) A county clerk, city clerk, registrar of voters, or elections
supervisor having jurisdiction over elections within any county,
city, or district within the state.
  SEC. 2.  Section 9237 of the Elections Code is amended to read:
   9237.  If a petition protesting the adoption of an ordinance, and
circulated by a person who is a registered voter or who is qualified
to be a registered voter of the city, is submitted to the elections
official of the legislative body of the city in his or her office
during normal office hours, as posted, within 30 days of the date the
adopted ordinance is attested by the city clerk or secretary to the
legislative body, and is signed by not less than 10 percent of the
voters of the city according to the county elections official's last
official report of registration to the Secretary of State, or, in a
city with 1,000 or less registered voters, is signed by not less than
25 percent of the voters or 100 voters of the city, whichever is the
lesser, the effective date of the ordinance shall be suspended and
the legislative body shall reconsider the ordinance.
  SEC. 3.  Section 13308 of the Elections Code is amended to read:
   13308.  In addition to the restrictions set forth in Section
13307, any candidate's statement submitted pursuant to Section 13307
shall be limited to a recitation of the candidate's own personal
background and qualifications, and shall not in any way make
reference to other candidates for that office or to another candidate'
s qualifications, character, or activities. The elections official
shall not cause to be printed or circulated any statement that the
elections official determines is not so limited or that includes any
reference prohibited by this section.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.