BILL NUMBER: AB 362	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        FEBRUARY 14, 2011

   An act to amend Sections 8203 and 8600 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 362, as introduced, Bonnie Lowenthal. Elections: office of
superior court judge: write-in candidate.
   (1) Existing law prohibits an elections official, in any county in
which only the incumbent has filed nomination papers for the office
of superior court judge, to place the incumbent's name on the ballot
unless, within 10 days after the final date for filing nomination
papers for the office, a petition indicating that a write-in campaign
will be conducted for the office and signed by 100 registered voters
qualified to vote with respect to the office is filed with the
elections official.
   This bill would revise the signature requirement for that petition
to 0.1% of the registered voters qualified to vote with respect to
the office, provided that the petition shall contain at least 100
signatures but need not contain more than 600 signatures.
   (2) Existing law requires every person who desires to be a
write-in candidate and have his or her name as written on the ballot
of an election counted for a particular office to file a statement of
write-in candidacy that contains specified information.
   This bill would require that a statement of write-in candidacy for
the office of superior court judge also include a statement that the
person satisfies the eligibility requirements for a judge of a court
of record specified in the California Constitution.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 8203 of the Elections Code is amended to read:
   8203.  In any county in which only the incumbent has filed
nomination papers for the office of superior court judge, his or her
name shall not appear on the ballot unless there is filed with the
elections official, within 10 days after the final date for filing
nomination papers for the office, a petition indicating that a
write-in campaign will be conducted for the office and signed by
 100   at least 0.1 percent of the 
registered voters qualified to vote with respect to the office  ,
provided that the petition shall contain at least 100 signatures but
  need not contain more than 600 signatures  .
   If a petition indicating that a write-in campaign will be
conducted for the office at the general election, signed by 100
registered voters qualified to vote with respect to the office, is
filed with the elections official not less than 83 days before the
general election, the name of the incumbent shall be placed on the
general election ballot if it has not appeared on the direct primary
election ballot.
   If, in conformity with this section, the name of the incumbent
does not appear either on the primary ballot or general election
ballot, the elections official, on the day of the general election,
shall declare the incumbent reelected. Certificates of election
specified in Section 15401 or 15504 shall not be issued to a person
reelected pursuant to this section before the day of the general
election.
  SEC. 2.  Section 8600 of the Elections Code is amended to read:
   8600.  Every person who desires to be a write-in candidate and
have his or her name as written on the ballot of an election counted
for a particular office shall file:
   (a) A statement of write-in candidacy that contains the following
information:
   (1) Candidate's name.
   (2) Residence address.
   (3) A declaration stating that he or she is a write-in candidate.
   (4) The title of the office for which he or she is running.
   (5) The party nomination which he or she seeks, if running in a
partisan primary election.
   (6) The date of the election. 
   (7) For the office of superior court judge, a statement that the
person satisfies the eligibility requirements of Section 15 of
Article VI of the California Constitution. 
   (b) The requisite number of signatures on the nomination papers,
if any, required pursuant to Sections 8062, 10220, 10510 or, in the
case of a special district not subject to the Uniform District
Election Law (Part 4 (commencing with Section 10500) of Division 10),
the number of signatures required by the principal act of the
district.