BILL NUMBER: AB 1200 ENROLLED
BILL TEXT
PASSED THE SENATE MARCH 1, 2012
PASSED THE ASSEMBLY MARCH 5, 2012
AMENDED IN SENATE FEBRUARY 28, 2012
AMENDED IN SENATE FEBRUARY 6, 2012
AMENDED IN ASSEMBLY MAY 4, 2011
AMENDED IN ASSEMBLY APRIL 15, 2011
AMENDED IN ASSEMBLY MARCH 17, 2011
INTRODUCED BY Assembly Member Ma
(Principal coauthors: Assembly Members Dickinson and Pan)
(Coauthor: Assembly Member Ammiano)
(Coauthor: Senator Leno)
FEBRUARY 18, 2011
An act to amend Sections 7200, 7204, 7210, 7403, 7408, 7444, 7655,
7680, 8145, and 15401 of, to add Sections 7201.1 and 7201.2 to, and
to repeal Sections 7681, 7782, and 7837 of, the Elections Code,
relating to elections, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1200, Ma. Elections: central committees.
Existing law requires that each member of a county central
committee for the Democratic, Republican, and American Independent
Parties take and subscribe to an oath or affirmation, as specified.
Existing law provides that the oath or affirmation may be taken
before any officer authorized to administer oaths.
This bill would, instead, provide that the oath or affirmation may
be taken before the chairperson of the county central committee, the
immediate predecessor of the chairperson, or a designee of the
chairperson or his or her immediate predecessor.
Existing law entitles a member elected to central committees for
the Democratic, Republican, American Independent, and Peace and
Freedom Parties to receive a certificate of election.
This bill would eliminate the above-described entitlement to
receive a certificate of election and make other conforming changes.
Existing law provides how members are elected to county central
committees. The method by which members are elected varies from
county to county depending upon certain factors, such as the number
of Assembly districts that exist within the county.
This bill would provide that, for the Democratic Party, in the
County of Sacramento, the elected members of the county central
committee shall be elected by supervisor districts with 6 members
elected from each supervisor district, as specified.
This bill would provide that, for the Democratic Party, in the
County of Alameda, the elected members of the county central
committee shall be elected by Assembly districts and that the
committee shall contain at least a certain number of members from
each district, as specified.
This bill would provide that, for the Democratic and Republican
Parties, in the City and County of San Francisco, the elected members
of the county central committee shall be elected by Assembly
districts, as specified.
This bill would provide that, for the June 5, 2012, statewide
primary election for the Democratic Party, in the County of
Sacramento, and for the Democratic and Republican Parties, in the
City and County of San Francisco, signers of nomination papers for
candidates for county central committees shall be limited to voters
who disclosed a preference for the respective parties and who are
residents of the respective counties.
Under existing law, for the Democratic Party, in each county
containing less than 5 Assembly districts, the county central
committee is required to reapportion itself at least every 10 years,
prior to the June primary election of that year, as specified.
This bill would eliminate the above-described reapportionment
requirement.
Existing law requires that each county central committee of the
American Independent Party meet in the courthouse at its county seat,
upon call, which shall be given by the elections official of the
county and in quarters to be arranged or provided for by the
elections official of the county, as specified.
This bill would, instead, require the committee to meet at its
county seat, upon call, which shall be given by the chairperson of
the county central committee or the immediate predecessor of the
chairperson.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7200 of the Elections Code is amended to read:
7200. (a) In each county containing less than five Assembly
districts, a county committee shall be elected by supervisor
districts, and the number to be elected from any supervisor district
shall be determined as follows: There shall be taken the number of
votes cast in the supervisor district at the last gubernatorial
election for that party's candidate for Governor, or, if the party
had no candidate for Governor, for the candidate of the party voted
on throughout the state who received the greatest number of votes and
who was the candidate of that party alone. This number shall be
divided by one-twentieth of the number of votes cast in that county
for Governor or, where the party had no candidate for Governor, for
the candidate mentioned above. The integer next larger than the
quotient obtained by that division shall constitute the number of
members of the committee to be elected by that party in that
supervisor district.
(b) The committees in counties containing less than five Assembly
districts shall be composed of not less than 21 members. If the
procedure outlined above would result in less than 21 members being
elected for any committee, the number of votes cast for this party's
candidate in each supervisor district shall be divided by an amount
sufficiently smaller than one-twentieth of the votes cast for
Governor in that county as to give a membership in the committee
equal to or the nearest amount that is greater than 21 members.
SEC. 2. Section 7201.1 is added to the Elections Code, to read:
7201.1. (a) Notwithstanding any other provision of law, in the
County of Sacramento, the elected members of the county central
committee shall be elected by supervisor districts with six members
elected from each supervisor district. Each member shall be a
resident of the county and of the supervisor district that the member
represents. Only a person who is a resident of the county may vote
for a candidate for membership to the county central committee and
may vote only for candidates seeking to represent the supervisor
district in which the voter resides.
(b) Notwithstanding any other provision of law, for the June 5,
2012, statewide primary election, signers of nomination papers for
candidates for the county central committee shall be voters who
disclosed a preference, pursuant to Section 2151, for the Democratic
Party and who are residents in the County of Sacramento, regardless
of whether they are residents of the district in which the candidate
is to be voted on.
SEC. 3. Section 7201.2 is added to the Elections Code, to read:
7201.2. (a) Notwithstanding any other provision of law, in the
County of Alameda, the elected members of the county central
committee shall be elected by Assembly districts and the number to be
elected from any Assembly district shall be determined as follows:
There shall be taken the number of votes cast in that portion of the
Assembly district lying within the County of Alameda at the last
gubernatorial election for that party's candidate for Governor, or,
if the party had no candidate for Governor, for the candidate of the
party voted on throughout the state who received the greatest number
of votes and who was the candidate of that party alone. This number
shall be divided by one-thirtieth of the number of votes cast in the
county for Governor or, where the party had no candidate for
Governor, for the candidate mentioned above. The integer next larger
than the quotient obtained by that division shall constitute the
number of members of the committee to be elected by that party in
that Assembly district.
(b) If the procedure described above would result in less than 30
members being elected for any committee, the number of votes cast for
this party's candidate in that portion of each Assembly district
lying within the County of Alameda shall be divided by an amount
sufficiently smaller than one-thirtieth of the votes cast for
Governor in the county as to give a membership in the committee equal
to or the nearest amount that is greater than 30 members.
Only a person who is a resident of the county may vote for a
candidate for membership to the county central committee and may vote
only for candidates seeking to represent the Assembly district in
which the voter resides.
SEC. 4. Section 7204 of the Elections Code is amended to read:
7204. (a) In the City and County of San Francisco, the county
central committee shall be elected from the two Assembly districts
located in the city and county and shall consist of 24 members.
Whichever of the two Assembly districts consists of the majority of
the registered Democrats in the city and county shall elect 14
members and the Assembly district that consists of the minority of
the registered Democrats in the city and county shall elect 10
members.
(b) Both of the following shall apply for purposes of this
section:
(1) "Registered Democrat" means any voter in the city and county
who has expressed a preference for the Democratic Party on his or her
affidavit of registration pursuant to Sections 2150, 2151, and 2152
as of the 154th day prior to the first direct primary election after
any redistricting of Assembly district boundaries.
(2) The City and County of San Francisco Department of Elections,
or any comparable successor agency, shall calculate the percentage of
the total registered Democrats in each Assembly district in the city
and county.
(c) Notwithstanding any other provision of law, for the June 5,
2012, statewide primary election, signers of nomination papers for
candidates for the county central committee shall be voters who
disclosed a preference, pursuant to Section 2151, for the Democratic
Party and who are residents in the County of San Francisco,
regardless of whether they are residents of the district in which the
candidate is to be voted on.
SEC. 5. Section 7210 of the Elections Code is amended to read:
7210. (a) Each member of a committee, whether elected to the
committee or appointed to fill a vacancy, before he or she enters
upon the duties of his office, shall take and subscribe the oath or
affirmation set forth in Section 3 of Article XX of the Constitution.
(b) The oath or affirmation required by this section may be taken
before the chairperson of the county central committee, the immediate
predecessor of the chairperson, or a designee of the chairperson or
his or her immediate predecessor.
SEC. 6. Section 7403 of the Elections Code is amended to read:
7403. (a) In the City and County of San Francisco, the county
central committee shall be elected from the two Assembly districts
located in the city and county and shall consist of 25 members.
Whichever of the two Assembly districts consists of the majority of
the registered Republicans in the city and county shall elect 13
members plus one additional member for every 4 percent of the
registered Republicans in the district above a majority of the
registered Republicans in the city and county. The remainder of the
members shall be elected from the Assembly district that consists of
the minority of the registered Republicans in the city and county.
(b) Both of the following shall apply for purposes of this
section:
(1) "Registered Republican" means any voter in the city and county
who has expressed a preference for the Republican Party on his or
her affidavit of registration pursuant to Sections 2150, 2151, and
2152 as of the 154th day prior to the first direct primary election
after any redistricting of Assembly district boundaries.
(2) The City and County of San Francisco Department of Elections,
or any comparable successor agency, shall calculate the percentage of
the total registered Republicans in each Assembly district in the
city and county.
(c) Notwithstanding any other provision of law, for the June 5,
2012, statewide primary election, signers of nomination papers for
candidates for the county central committee shall be voters who
disclosed a preference, pursuant to Section 2151, for the Republican
Party and who are residents in the County of San Francisco,
regardless of whether they are residents of the district in which the
candidate is to be voted on.
SEC. 7. Section 7408 of the Elections Code is amended to read:
7408. (a) Each member of a committee, whether elected to the
committee or appointed to fill a vacancy, before he or she enters
upon the duties of his or her office, shall take and subscribe the
oath or affirmation set forth in Section 3 of Article XX of the
Constitution.
(b) The oath or affirmation required by this section may be taken
before the chairperson of the county central committee, the immediate
predecessor of the chairperson, or a designee of the chairperson or
his or her immediate predecessor.
SEC. 8. Section 7444 of the Elections Code is amended to read:
7444. If the chairperson of a committee refuses to call a
meeting, a meeting may be called upon five days' notice by a majority
of the members of the committee.
SEC. 9. Section 7655 of the Elections Code is amended to read:
7655. (a) Each member of a committee, whether elected to the
committee or appointed to fill a vacancy, before he or she enters
upon the duties of his or her office, shall take and subscribe the
oath or affirmation set forth in Section 3 of Article XX of the
Constitution.
(b) The oath or affirmation required by this section may be taken
before the chairperson of the county central committee, the immediate
predecessor of the chairperson, or a designee of the chairperson or
his or her immediate predecessor.
SEC. 10. Section 7680 of the Elections Code is amended to read:
7680. Each committee shall meet at its county seat, upon call,
which shall be given by the chairperson of the county central
committee or the immediate predecessor of the current chairperson of
the county committee on the second Tuesday in July following the
direct primary election, except that in any year in which a national
convention of the party includes that date, the existing executive
committee of a committee shall set the date of the meeting, not to
exceed 30 days after the date herein specified.
SEC. 11. Section 7681 of the Elections Code is repealed.
SEC. 12. Section 7782 of the Elections Code is repealed.
SEC. 13. Section 7837 of the Elections Code is repealed.
SEC. 14. Section 8145 of the Elections Code is amended to read:
8145. It is the duty of the officers charged with the canvass of
the returns of any primary election in any county or city to issue
certificates of nomination to candidates nominated for nonpartisan
offices voted for wholly within one county.
SEC. 15. Section 15401 of the Elections Code is amended to read:
15401. The elections official shall make out and deliver to each
person elected or nominated, as declared by the governing body,
except those elected to a central committee, a certificate of
election or nomination, signed and authenticated by the elections
official.
SEC. 16. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to provide for the effective and efficient conduct of the
June 5, 2012, statewide primary election, it is necessary that this
act take effect immediately.