BILL ANALYSIS                                                                                                                                                                                                    Ó






                         SENATE COMMITTEE ON ELECTIONS 
                         AND CONSTITUTIONAL AMENDMENTS
                           Senator Lou Correa, Chair


          BILL NO:   AB 1200                            HEARING DATE: 
          2/21/12
          AUTHOR:    MA                                 ANALYSIS BY:  
             Darren Chesin
          AMENDED:   2/6/12
          FISCAL:    NO
          
                                    SUBJECT
           
          Elections: central committees

                                   DESCRIPTION  
          
             1.  Existing law  requires that each member of a county 
              central committee take an oath before any officer 
              authorized to administer oaths (usually the elections 
              official), as specified.

             This bill  would instead provide that the oath shall 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.  

             2.  Existing law  entitles members elected to specified 
              central committees to receive a certificate of election 
              prepared by the elections official.  

             This bill  would eliminate the entitlement to receive a 
              certificate of election and make other conforming 
              changes.

             3.  Existing law  provides that if the elections official, 
              on the 73rd day prior to the primary election, finds 
              that the number of candidates nominated for election to 
              a central committee does not exceed the number of 
              candidates to be elected, that race shall not appear on 
              the relevant ballot.  However, if a petition is filed 
              with the elections official indicating that a write-in 
              campaign will be conducted, the race must nevertheless 
              appear on the ballot. 










             This bill  would delete the provision permitting a 
              petition to be filed indicating a write-in campaign 
              will be conducted thereby forcing the central committee 
              race to appear on the ballot.

             4.  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 
              Sacramento County, 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 
              Alameda County, the elected members of the county 
              central committee shall be elected by Assembly 
              districts and that each committee shall contain at 
              least a certain number of members, as specified.  

             This bill  would provide that, for the Democratic and 
              Republican Party in the City and County of San 
              Francisco, the elected members of the county central 
              committee shall be elected by Assembly districts, as 
              specified.

             5.  Existing law  provides, 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 this reapportionment 
              requirement.  

             6.  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 
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              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.
            
            7.  This bill  would take effect immediately as an urgency 
              statute.  

           Proposed Author's Amendment
           
          The author intends to offer an amendment in committee at 
          the suggestion of the Secretary of State which would 
          provide that for the 2012 Primary Election only, candidates 
          for the Sacramento Democratic Central Committee, San 
          Francisco Democratic Central Committee and San Francisco 
          Republican Central Committee would be permitted to gather 
          nomination signatures anywhere within the county rather 
          than only in the district they are running to represent. 

                                    BACKGROUND  
          
           Internal Party Jurisprudence  :  In  Eu  v.  San Francisco 
          County Democratic Central Committee  (1989), 489 U.S. 214, 
          the United States Supreme Court examined the right of a 
          state to impose laws relating to the internal affairs of 
          political parties.  The Court found that laws burdening the 
          associational rights of political parties and their members 
          must serve a compelling state interest.  Therefore, because 
          a state has a compelling interest in preserving the 
          integrity of its election process, it may properly enact 
          laws that interfere with a political party's internal 
          affairs when necessary to ensure that elections are fair 
          and honest.  (For example, a state may properly impose 
          certain eligibility requirements for voters in the general 
          election, even though they limit the ability of political 
          parties to garner support and members, where such 
          requirements are necessary to ensure that elections are 
          fair and honest.)  However, a state cannot justify 
          regulating a party's internal affairs without showing that 
          such regulation is necessary to ensure an election that is 
          orderly and fair.

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          In  Eu  , the Court reiterated that a political party's 
          determination of the structure which best allows it to 
          pursue its political goals is protected by the Federal 
          Constitution (  Tashijian  v.  Republican Party of Connecticut  
          (1986), 479 U.S. 208 at 224) and further held that freedom 
          of association also encompasses a political party's 
          decisions about the identity of, and the process for 
          electing, its leaders.  Thus, unless the state can show 
          that the particular internal party structure would 
          interfere with the integrity of the electoral process or 
          some other compelling state interest, the political parties 
          have a constitutional right to be free from state 
          regulations in the matter of their internal affairs.

                                     COMMENTS  
          
             1.  According to the author  , AB 1200 makes various 
              changes to the method of electing central committees in 
              response to the impacts of the new top 2 primary 
              process and recent redistricting.

            In 2010, voters adopted Proposition 14 which created the 
              new "top two" primary system that will first be used 
              statewide in June of this year.  One of the lesser 
              known components of Proposition 14 is that it put 
              central committee elections in the state constitution.  
              These often obscure offices were thus given added 
              importance at the same time that local election 
              officials are struggling with the additional challenges 
              and burdens presented by the top two primary.  County 
              election officials have thus asked for several changes 
              to the rules governing the conduct of central committee 
              elections to reduce the challenges they present.  

            In addition, in 2008 voters adopted Proposition 11 which 
              created the Citizens Redistricting Commission.  Last 
              year the Commission adopted new boundaries for 
              California's Assembly, Senate, Congressional and Board 
              of Equalization Districts.  As many county central 
              committees organize themselves by Assembly District, 
              these new district boundaries for state offices 
              directly impact the organization of the political 
              parties as well.  In some situations, the new state 
              boundaries conflict with existing statutes governing 
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              the organization of central committees.  For example, 
              current law states both the San Francisco Democratic 
              and Republican central committees shall be organized by 
              Assembly Districts 12 and 13. However, under the new 
              boundaries, San Francisco will instead by represented 
              by Assembly Districts 17 and 19. 

            AB 1200 makes several changes to ease the administrative 
              challenges for local election officials. First, it 
              eliminates certificates of election for central 
              committees. These are ceremonial documents not required 
              for the political parties to conduct their business. 
              Second, it transfers the responsibility for swearing in 
              their members from the local election officials to the 
              parties themselves. Third, it eliminates a unique 
              provision that places special responsibilities on local 
              election officials to organize the first meetings of 
              the American Independent Party. 

            AB 1200 also makes several changes to the organization of 
              various county central committees in response to the 
              new district boundaries. For San Francisco, AB 1200 
              changes references to Assembly Districts 12 and 13 to 
              Assembly Districts 19 and 17 respectively, and makes 
              changes to the proportional make-up. For Sacramento, AB 
              1200 changes the method of organizing the Democratic 
              central committee from Assembly District to 
              Supervisorial District. For Alameda, AB 1200 changes 
              the method of organizing its central committees from 
              having an equal number of members from each Assembly 
              District to a proportional system.

             2.  Previous Legislation  .  This bill is similar in intent 
              to related provisions of SB 1436 (Oller), Chapter 257 
              of 2002.

                                   PRIOR ACTION
           
          Assembly E. S. and T.M. Committee:  8-0
          Assembly Appropriations Committee:17-0
          Assembly Floor:               76-0

          Note:  This bill was completely rewritten in the Senate 
          therefore, the prior votes do not reflect the current 
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          version of the bill.

                                    POSITIONS  

          Sponsor: Author

           Support: Alameda County Democratic Central Committee 
                    California Association of Clerks and Election 
                   Officials 
                    California Democratic Party
                    Butte County Clerk-Recorder/Registrar of Voters 
                    San Francisco Democratic Central Committee
                    Sacramento County Democratic Party
                    
          Oppose:  None received



























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