BILL ANALYSIS Ó
AB 2410
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CONCURRENCE IN SENATE AMENDMENTS
AB 2410 (Fuentes)
As Amended June 25, 2012
Majority vote
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|ASSEMBLY: |70-0 |(May 17, 2012) |SENATE: |38-0 |(July 2, 2012) |
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Original Committee Reference: E. & R.
SUMMARY : Prohibits a person from running for elected office if
that person has been convicted of a felony involving certain
factors, as specified. Specifically, this bill :
1)Provides that a person is not considered a candidate for, and
not eligible to be elected to, any state or local elective
office if the person has been convicted of a felony involving
accepting or giving, or offering to give, any bribe, the
embezzlement of public money, extortion or theft of public
money, perjury, or conspiracy to commit any of those crimes.
2)Provides, for purposes of this bill, that "conviction of a
felony" includes a conviction of a felony in this state and a
conviction under the laws of any other state, the United
States, or any foreign government or country of a crime that,
if committed in this state, would be a felony, and for which a
person has not received a pardon from the Governor of this
state, the governor or other officer authorized to grant
pardons in another state, the President of the United States,
or the officer of the foreign government or country authorized
to grant pardons in that foreign jurisdiction.
The Senate amendments :
1)Provide that the bill only applies to candidates for elective
state and local office.
2)Make the ban on running for office after conviction of
specified felonies a permanent ban instead of a 20 year ban,
making the bill consistent with the California Constitution
which prohibits a person from ever holding office after the
conviction of felony involving certain factors.
EXISTING LAW provides that a person who is convicted of certain
AB 2410
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crimes, including bribery, perjury, forgery, malfeasance in
office, or other high crimes, is disqualified from holding
public office in this state.
AS PASSED BY THE ASSEMBLY , this bill was similar to the version
approved by the Senate, except that it applied to candidates for
federal office as well as candidates for state and local office,
and it imposed a 20 year ban on running for office after the
conviction of a felony, as specified, rather than a permanent
ban.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "AB 2410 (Fuentes) would ban
ex-felons who were convicted of a felony that violates the
public trust from running for public office. The intent of this
bill is to create accountability and ensure that we are setting
a high ethical standard for those seeking to represent
Californians by running for public office. Malfeasance,
deception and misconduct exist in all levels of government and
this legislation will send a strong message to those seeking to
use public office for personal gain."
Senate amendments were adopted to address two issues. The first
amendment makes it clear that the bill only applies to state and
local candidates for elective office and does not apply to
federal candidates. This ensures the bill does not conflict
with the United States Constitution which does not prohibit
felons from holding elected federal office and prohibits states
from adopting qualifications for federal candidates. In
addition, the amendments delete the 20 year ban imposed on
candidates running for office after the conviction of specified
felonies and instead makes the ban permanent, making it
consistent with the California Constitution, which prohibits a
person from ever holding office after the conviction of
specified felonies. This bill, as amended in the Senate, is
consistent with Assembly actions.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
AB 2410
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FN: 0004249