BILL NUMBER: AB 141	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gorell

                        JANUARY 17, 2013

   An act to amend Section 8605 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 141, as introduced, Gorell. Elections: write-in candidates.
   Existing law provides for the name of a person written in on a
ballot for a voter-nominated office at a direct primary election to
be placed on the general election ballot as a candidate for that
office if the person received, at the direct primary election, the
highest number of votes cast for the office or the second highest
number of votes cast for the office, except as provided.
   This bill would require that a write-in candidate for a
voter-nominated office receive votes at the direct primary election
equal in number to at least 1% of all votes cast for the office at
the last preceding general election at which the office was filled in
order for his or her name to be placed on the general election
ballot as a candidate for that office. The bill also would make
clarifying and conforming changes.
   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 8605 of the Elections Code is amended to read:
   8605.   No   A  person whose name has
been written in upon a ballot for an office at the direct primary
 election  may  not  have his or her name placed
upon the ballot as a candidate for that office for the ensuing
general election unless one of the following is applicable:
   (a) At that direct primary  election  he or she received
for a partisan office votes equal in number to  at least  1
percent of all votes cast for the office at the last preceding
general election at which the office was filled. In the case of an
office that has not appeared on the ballot since its creation, the
requisite number of votes shall equal  at least  1 percent
of the number of all votes cast for the office that had the least
number of votes in the most recent general election in the
jurisdiction in which the write-in candidate is seeking office.
   (b) He or she is an independent nominee for a partisan office
pursuant to Part 2 (commencing with Section 8300).
   (c) At that direct primary  election  he or she received
for a voter-nominated office the highest number of votes cast for
that office or the second highest number of votes cast for that
office,  provided that he or she received votes equal in number
to at least 1 percent of all votes cast for the office at the last
preceding general election at which the office was filled, 
except as provided by subdivision (b) of Section 8142 or Section
8807.