BILL ANALYSIS Ó
AB 754
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ASSEMBLY THIRD READING
AB 754 (Fletcher)
As Amended April 26, 2011
Majority vote
ELECTIONS 7-0
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|Ayes:|Fong, Logue, Bonilla, | | |
| |Hall, Mendoza, Swanson, | | |
| |Valadao | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Allows a person who is deployed on active military
service outside the state to designate another person to file
candidacy and nomination documents on the deployed person's
behalf. Specifically, this bill :
1)Permits a person who is deployed on active military service
outside the state and is unable to appear to file a
declaration of candidacy, nomination paper, or any other paper
necessary for the deployed person to run for office, to 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. Requires the power
of attorney to include the following:
a) A statement identifying the office which the deployed
person is seeking, including the district number, if any;
b) A declaration that the deployed person meets the
statutory and constitutional qualifications for the office
that he or she is seeking;
c) A declaration that, if nominated, the deployed person
will accept the nomination and will not withdraw; and,
d) A statement 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.
2)Requires an attorney-in-fact, when filing a declaration or
paper pursuant to the provisions of this bill, to present the
AB 754
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original power of attorney duly signed by the deployed person.
Requires the original or a copy of the power of attorney to
be filed with and attached to the declaration or paper.
EXISTING LAW permits a candidate to designate another person to
receive a declaration of candidacy form from the elections
official on behalf of the candidate.
FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative
Counsel.
COMMENTS : According to the author, "Currently, thousands of
California's men and women are serving honorably in the United
States Military. Elections Code sections 8028 (a) and (b) allow
a candidate to designate someone to pick up the required
election forms and deliver them to the candidate for return.
While this is permissive, it presents a problem for service
members located in remote, undisclosed locations to execute and
return legal documents in the timely fashion required by state
law. Notwithstanding any other law, a service member who is
deployed on active military service would be able to authorize
an individual with power of attorney to complete and file on
their behalf. A declaration of candidacy filed through power of
attorney would be deemed sufficient for all filing purposes."
As noted above, existing law already allows a candidate for
office to designate another person to receive a declaration of
candidacy form from the elections official on behalf of the
candidate. Existing law does not, however, explicitly permit a
designated representative of a candidate to complete nomination
documents on behalf of the candidate.
SB 7 (Brulte and Burton), Chapter 476, Statutes of 2004, allows
a member of the Armed Forces of the United States who is
stationed overseas and serving in a conflict or a war and is
unable to appear for the licensure and solemnization of a
marriage to enter into that marriage by the appearance of an
attorney-in-fact. SB 7 (Brulte and Burton) included a number of
safeguards to protect against fraud and to minimize the
potential for legal ambiguity or challenges of marriages entered
into pursuant to that bill. This bill includes a number of
safeguards, modeled after those in SB 7 (Brulte and Burton),
that are designed to prevent legal uncertainty or ambiguity if
questions arise about whether a candidate meets the
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qualifications to hold office, or if there is a lack of clarity
about the specific office that a deployed person intends to
seek.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0000308