BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 327|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
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                                    CONSENT


          Bill No:  SB 327
          Author:   Senate Elections and Constitutional Amendments 
          Committee
          Amended:  4/26/11
          Vote:     21

           
           SENATE ELEC. & CONST. AMENDMENTS COMMITTEE  :  4-0, 4/05/11
          AYES:  Correa, La Malfa, De León, Gaines
          NO VOTE RECORDED:  Lieu

          SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Elections:  procedure

           SOURCE  :     Author


           DIGEST  :    This bill (1) clarifies the text of a local 
          proposed measure will not be required to be published or 
          posted, (2) requires the verified statement of a candidate 
          to include a statement indicating his/her residence, and 
          (3) revises the deadline when nomination papers are to be 
          filed by.

           ANALYSIS  :    Existing law requires that a notice of 
          intention (NOI) and the title and summary of a local 
          ordinance proposed to be submitted to the voters of an 
          incorporated city be published or posted.

          This bill clarifies that the text of the proposed measure 
          is not required to be published or posted.
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          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 provided by the city elections 
          official.

          Existing law also requires that each nomination paper be 
          accompanied by a verified statement of the candidate that 
          he/ she will accept the nomination, and will also accept 
          the office in the event of his/her election.

          This bill requires the verified statement of the candidate 
          to include a statement indicating his/her residence 
          address.

          The bill permits elections officials to deplete the supply 
          of existing nomination paper forms prior to providing a new 
          or revised forms, and places a sunset on the provision on 
          January 1, 2013.

          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 elections, 
          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 the nomination papers.

           Background
           
          This bill is one of the Senate Elections and Constitutional 
          Amendments Committee's annual omnibus bills that provides 
          clarifying changes to multiple elections code references 
          and also makes minor technical and conforming changes.

          This current omnibus bill will do the following:

                 Provide clarity to a section of the Elections Code 
               (EC) to clearly state that the NOI, without the 
               proposed text of the initiative, be published or 
               posted.  The EC currently requires the text of the 
               initiative to be filed with the elections official 
               with the NOI.

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                 Provide a clear statement of the candidate's 
               residence address, regardless of whether he or she 
               circulates the Nomination Paper themselves by 
               repeating the same single sentence from the circulator 
               affidavit to the nominee affidavit:  My residence 
               address is __________."

                 Make the EC consistent with other Sections by 
               referencing "close of business" instead of 5:00 p.m.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  5/2/11)

          California Association of Clerks and Election Officials 
          City Clerks Association of California 

           ARGUMENTS IN SUPPORT  :    According to the City Clerks 
          Association of California (CCAC), "SB 327 will neither 
          increase nor decrease direct costs in any significant 
          manner, particularly related to the alteration of the form 
          of the nomination statement.  The addition of a single 
          sentence on an existing form will be nominal in printing 
          costs.   Furthermore, there will be an indirect cost 
          savings for local government realized in personnel time 
          when it becomes necessary to research and determine a 
          candidate's residence address after nomination papers are 
          filed.  SB 327 provides clarity and consistency to existing 
          Elections Code section.  For these reasons, CCAC strongly 
          supports SB 327."


          DLW:do  5/4/11   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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