BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 754|
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CONSENT
Bill No: AB 754
Author: Fletcher (R)
Amended: 4/26/11 in Assembly
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 5-0, 6/8/11
AYES: Correa, La Malfa, De León, Gaines, Lieu
ASSEMBLY FLOOR : 74-0, 5/2/11 - See last page for vote
SUBJECT : Elective office: military service
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS : 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.
This bill 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.
This bill:
CONTINUED
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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/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 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.
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
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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 qualifications to hold
office, or if there is a lack of clarity about the specific
office that a deployed person intends to seek.
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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR : 74-0, 5/2/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Carter, Cedillo, Chesbro,
Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer,
Fletcher, Fong, Fuentes, Furutani, Galgiani, Garrick,
Gatto, Gordon, Grove, Hagman, Halderman, Hall, Harkey,
Hayashi, Roger Hernández, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma,
Mansoor, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
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Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NO VOTE RECORDED: Charles Calderon, Campos, Gorell, Hueso,
Mendoza, Vacancy
DLW:kc 6/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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