BILL NUMBER: AB 362	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 14, 2011

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 amended, 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
  contains  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.   (a)    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 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 
    (b)     If  a petition indicating that
a write-in campaign will be conducted for the office at the general
election, signed by  100   the number of 
registered voters qualified to vote with respect to the office 
specified in subdivision (a)  , 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 
    (c)     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
  and 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.