BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 1413|
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THIRD READING
Bill No: AB 1413
Author: Fong (D)
Amended: 9/2/11 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SUBJECT : Elections
SOURCE : Author
DIGEST : This bill (1) clarifies and strengthens existing
law that states the domicile of a Member of the Legislature
or a member of Congress shall be conclusively presumed to
be at the residence address indicated on that person's
currently filed affidavit of registration, (2) makes
numerous technical and substantive changes to the "top two"
primary law and other related statutes.
Senate Floor Amendments of 9/2/11 delete the prior version
which made minor and technical changes in the Political
Reform Act and instead provides for the above language.
ANALYSIS : Existing provisions of the California
Constitution require a "voter-nominated primary election"
for each state elective office and congressional office in
California, in which a voter may vote at the primary
election for any candidate for congressional or state
elective office without regard to the political party
preference disclosed by either the candidate or the voter.
CONTINUED
AB 1413
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The two candidates receiving the two highest vote totals
for each office at the primary election, regardless of
party preference, compete for the office at the general
election. Existing provisions of the Elections Code
implement the "voter-nominated primary election" of the
California Constitution.
This bill makes technical revisions to provisions of the
Elections Code to reflect the "voter-nominated primary
election" process. This bill also conforms the procedures
applicable if there is only one candidate affiliated with a
particular political party who has declared candidacy for
nomination at the primary, and that candidate dies before
the primary election but after the last day to deliver
nomination papers, as specified, to existing procedures
applicable if a candidate for a partisan office dies under
those same circumstances. This bill conforms the
procedures applicable in case of a tie in the primary
election for voter-nominated offices to the existing
provisions applicable to specified partisan offices.
Existing law also provides that a person's residence for
voting purposes means a person's domicile, and that a
person may only have one domicile. Existing law defines
domicile to be the place in which a person's habitation is
fixed and where the person intends to remain or return to
whenever absent. Existing law also provides that, for
purposes of determining the domicile of a Member of the
Legislature or a Representative in the Congress of the
United States, it shall be conclusively presumed that the
residence address indicated on that person's currently
filed affidavit of registration is that person's domicile.
This bill provides that, notwithstanding any other
provision of law and notwithstanding any evidence or
circumstance other than the affidavit of registration, the
domicile of a Member of the Legislature or a Representative
in the Congress of the United States is conclusively
presumed to be the address indicated on that person's
currently filed affidavit of registration.
This bill is double-jointed with AB 362 (B. Lowenthal).
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
AB 1413
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Local: No
DLW:mw 9/6/11 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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