Amended in Senate August 12, 2013

Amended in Assembly May 8, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 141


Introduced by Assembly Member Gorell

January 17, 2013


An actbegin delete to amend Section 8605 of the Elections Code, relating toelectionsend deletebegin insert relating to ports, end insertbegin insertmaking an appropriation therefor, and declaring the urgency thereof, to take effect immediatelyend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 141, as amended, Gorell. begin deleteElections: write-in candidates. end deletebegin insertPorts: appropriation: Port Hueneme shoreline protectionend insertbegin insert.end insert

begin delete

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.

end delete
begin delete

This bill would require that a write-in candidate for a voter-nominated office, in addition to being one of the top two vote-getters, 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.

end delete
begin delete

This bill would specify that its provisions become operative only if ACA 9 of the 2013-14 Regular Session is approved by the voters.

end delete
begin insert

Existing law provides for the regulation of ports in this state, and provides funding to ports and port districts for that purpose.

end insert
begin insert

This bill would appropriate the sum of $2,000,000 from the General Fund to the City of Port Hueneme, to be used by the city to implement emergency measures to prevent severe infrastructure damage to streets and property along Hueneme Beach caused by beach erosion and flooding.

end insert
begin insert

This bill would declare that it is to take effect immediately as an urgency statute.

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION end insertbegin insert1.end insert  

end insert
begin insert

The sum of two million dollars ($2,000,000) is
2hereby appropriated from the General Fund to the City of Port
3Hueneme, to be used by the city to implement emergency measures
4to prevent severe infrastructure damage to streets and property
5along Hueneme Beach caused by beach erosion and flooding.

end insert
6begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

This act is an urgency statute necessary for the
7immediate preservation of the public peace, health, or safety within
8the meaning of Article IV of the Constitution and shall go into
9immediate effect. The facts constituting the necessity are:

end insert
begin insert

10In order to provide necessary funding to implement emergency
11measures designed to prevent possible damage to streets and
12community areas along Hueneme Beach in the City of Port
13Hueneme caused by beach erosion and flooding, as soon as
14possible, it is necessary that this act take effect immediately.

end insert
begin delete
15

SECTION 1.  

Section 8605 of the Elections Code is amended
16to read:

17

8605.  

A person whose name has been written in upon a ballot
18for an office at the direct primary election may not have his or her
19name placed upon the ballot as a candidate for that office for the
20ensuing general election unless one of the following is applicable:

21(a) At that direct primary election he or she received for a
22partisan office votes equal in number to at least 1 percent of all
23votes cast for the office at the last preceding general election at
24which the office was filled. In the case of an office that has not
25appeared on the ballot since its creation, the requisite number of
26votes shall equal at least 1 percent of the number of all votes cast
P3    1for the office that had the least number of votes in the most recent
2general election in the jurisdiction in which the write-in candidate
3is seeking office.

4(b) He or she is an independent nominee for a partisan office
5pursuant to Part 2 (commencing with Section 8300).

6(c) At that direct primary election he or she received for a
7voter-nominated office the highest number of votes cast for that
8office or the second highest number of votes cast for that office,
9provided that he or she received votes equal in number to at least
101 percent of all votes cast for the office at the last preceding general
11election at which the office was filled, except as provided by
12subdivision (b) of Section 8142 or Section 8807.

13

SEC. 2.  

This act shall become operative only if Assembly
14Constitutional Amendment 9 of the 2013-14 Regular Session is
15approved by the voters.

end delete


O

    97