BILL NUMBER: AB 754	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2011

INTRODUCED BY   Assembly Member Fletcher

                        FEBRUARY 17, 2011

   An act to add Section 202 to the Elections Code, relating to
elective office.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 754, as amended, Fletcher. Elective office: military service.
   Existing law prescribes the manner in which a person may be
nominated to run for office, including the form and filing of a
declaration of candidacy and nomination paper.
   This bill would permit a person who is deployed on active military
service outside of the state to have  an attorney-in-fact
authorized under a power of attorney to complete and file on the
deployed person's behalf  a declaration of candidacy,
nomination paper,  and   or  any other
paper necessary to run for office  filed by an attorney-in-fact
who is commissioned and empowered in writing for that purpose through
a power of attorney, as specified  .
   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 202 is added to the Elections Code, to read:
   202.  Notwithstanding any other law,  if  a
person who is deployed on active military service outside of the
state  authorizes an attorney-in-fact by a power of attorney
to complete and file on the deployed person's behalf  
and is unable to appear to file  a declaration of candidacy,
nomination paper,  and   or  any other
paper necessary  for the deployed person  to run for
office  , a   may have that  declaration
or paper completed and filed  by the attorney-in-fact shall
be deemed to be completed and filed by the deployed person. 
 by an attorney-in-fact, commissioned and empowered in writing
for that purpose through a power of attorney. At the time of filing
the declaration or paper, the attorney-in-fact shall present the
original power of attorney duly signed by the deployed person. The
power of attorney shall state the office that the deployed person is
seeking, including the district number, if any, and shall include a
declaration that the deployed person meets the statutory and
constitutional qualifications for   office that he or she is
seeking and that if nominated, the deployed person will accept the
nomination and will not withdraw. The power of attorney shall further
state that the power of attorney is solely for the purpose of
authorizing the a   ttorney-in-fact to file a declaration or
paper necessary to run for office. The original or a copy of the
power of attorney shall be filed with and attached to the declaration
or paper.