BILL NUMBER: SB 327 INTRODUCED
BILL TEXT
INTRODUCED BY Committee on Elections and Constitutional Amendments
(Senators Correa (Chair), De León, Gaines, La Malfa, and Wolk)
FEBRUARY 15, 2011
An act to amend Sections 9205, 10226, and 10407 of the Elections
Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 327, as introduced, Committee on Elections and Constitutional
Amendments. Elections: procedure.
(1) Existing law requires that a notice of intention and the title
and summary of a local ordinance proposed to be submitted to the
voters of an incorporated city be published or posted as specified.
This bill would specify that the text of the proposed measure is
not required to be published or posted.
(2) Existing law requires that a candidate for an elective office
of a city may be nominated by the voters by the filing of nomination
papers, as specified. Under existing law, a verified statement of the
candidate is required to be submitted with the nomination papers.
This bill would require the verified statement of the candidate to
include a statement indicating his or her residence address.
(3) Existing law specifies that the nomination documents for
candidates in elections consolidated with regularly scheduled
elections shall be filed not later than 5 p.m. on the 88th day prior
to the regularly scheduled election, unless an incumbent has not
filed nomination papers by that day and time, in which case a person
other than an incumbent shall have until 5 p.m. on the 83rd day
before the election to file nomination papers.
This bill would instead specify that the deadline is the close of
business on either the 88th or 83rd day before the election,
whichever applies.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9205 of the Elections Code is amended to read:
9205. A notice of intention and the title and summary of the
proposed measure shall be published or posted or both as follows:
(a) If there is a newspaper of general circulation, as described
in Chapter 1 (commencing with Section 6000) of Division 7 of Title 1
of the Government Code, adjudicated as such, the notice, title, and
summary shall be published therein at least once.
(b) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, the notice,
title, and summary shall be published at least once, in a newspaper
circulated within the city and adjudicated as being of general
circulation within the county in which the city is located and the
notice, title, and summary shall be posted in three (3) public places
within the city, which public places shall be those utilized for the
purpose of posting ordinances as required in Section 36933 of the
Government Code.
(c) If the petition is to be circulated in a city in which there
is no adjudicated newspaper of general circulation, and there is no
newspaper of general circulation adjudicated as such within the
county, circulated within the city, then the notice, title, and
summary shall be posted in the manner described in subdivision (b).
This section does not require the publication or posting of the
text of the proposed measure.
SEC. 2. Section 10226 of the Elections Code is amended to read:
10226. The nomination papers and affidavits shall be
substantially in the following form:
""NOMINATION PAPER
We, the undersigned voters of the ____ of ____
hereby nominate ____ for the office of ____ of the
city:
Name Residence
_____________________ __________________________
_____________________ __________________________
_____________________ __________________________
AFFIDAVIT OF THE CIRCULATOR
State of California ) ss.
County of ________ )
I, ______, solemnly swear (or affirm) that the
signatures on this nomination paper were
obtained between _____, 2__, and _____, 2__; that
I circulated this petition and I saw the
signatures on this section of the nomination
papers being written; and that, to the best of my
information and belief, each signature is the
genuine signature of the person whose name it
purports to
be.
My residence address is __________.
__________________________
(Signature)
I certify (or declare) under the penalty of
perjury under the laws of the
State of California that the foregoing is true
and
correct.
Executed by me at ____, on ____, 2__.
AFFIDAVIT OF THE NOMINEE
State of California ) ss.
County of ________ )
______ being duly sworn, says that he or she is
the above-named nominee
for the office of ____, that he or she will
accept the office in the event of his
or her election, that he or she desires his or
her name to appear on the ballot
as follows:
__________________________
(Print name above),
and that he or she desires the following
designation to appear on the ballot
under his or her name:
__________________________
(Print desired
designation above . )
,
and that his or her residence address is ________.
(Print residence address
as provided by affiant)
I certify (or declare) under the penalty
of perjury under the lawsof the State of
California that the foregoing is true and
correct.
Executed by me at ____, on ____, 2___.''
SEC. 3. Section 10407 of the Elections Code is amended to read:
10407. (a) Notwithstanding any other provision of law, whenever
other elections are consolidated with a regularly scheduled election,
the period for the filing of nomination documents by candidates in
elections consolidated with the regularly scheduled election shall
commence on the 113th day prior to the election. The nomination
documents shall be filed not later than 5 p.m. on the 88th day prior
to the regularly scheduled election in the office of the appropriate
officer, during regular office hours.
(b) Notwithstanding subdivision (a), if nomination documents for
an incumbent officer of a political subdivision are not filed by
5 p.m. the close of business on the
88th day before the election, any person other than the person who
was the incumbent on the 88th day shall have until 5 p.m.
the close of business on the 83rd day before the
election to file nomination documents for the elective office. This
section is not applicable where there is no incumbent eligible to be
elected.