BILL NUMBER: AB 754	CHAPTERED
	BILL TEXT

	CHAPTER  57
	FILED WITH SECRETARY OF STATE  JULY 1, 2011
	APPROVED BY GOVERNOR  JUNE 29, 2011
	PASSED THE SENATE  JUNE 11, 2011
	PASSED THE ASSEMBLY  MAY 2, 2011
	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, 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 a declaration of candidacy,
nomination paper, 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.



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, a person who is deployed on
active military service outside of the state and is unable to appear
to file a declaration of candidacy, nomination paper, or any other
paper necessary to run for office may have that declaration or paper
completed and filed 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 attorney-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.