Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1311

Introduced by Assembly Member Bradford

February 22, 2013

An act to amend Section begin delete 2101 end delete begin insert 11302 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1311, as amended, Bradford. begin delete Voting qualifications. end delete begin insert Recall elections. end insert

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Under existing law, if a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election is required to proceed. The vacancy in that office is required to be filled as provided by law, but a person appointed to fill the vacancy holds office only until a successor is selected and qualifies for that office.

end insert begin insert

This bill would provide that upon the occurrence of a vacancy, the elections official for each county in which a section of the recall petition has been filed is required to immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy. If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall election would be required to proceed. If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election would not proceed and the vacancy in the office that is the subject of the recall election would be filled as otherwise provided by law. The bill would delete the requirement that a person appointed to fill the vacancy holds office only until a successor is selected and instead would prohibit a person who was subject to a recall petition from being appointed to fill the vacancy in the office that he or she vacated or to fill any other vacancy in office on the same governing board for the duration of the term of office of the vacated seat.

end insert begin delete

Existing law provides that any person who is a United States citizen, a resident of California, not in prison or on parole for the conviction of a felony, and at least 18 years of age at the time of the next election is eligible to register to vote.

end delete begin delete

This bill would make a technical, nonsubstantive change to this law.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 11302 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

11302.  

begin delete If end delete begin insert (a) end insert begin insert   end insert begin insert Except as described in paragraph (3) of
subdivision (b), if end insert a vacancy occurs in an office after a recall
petition is filed against the vacating officer, the recall election shall
nevertheless proceed. begin delete The vacancy shall be filled as provided by
law, but any person appointed to fill the vacancy shall hold office
only until a successor is selected in accordance with Article 4
(commencing with Section 11360) or Article 5 (commencing with
Section 11380), and the successor qualifies for that office. end delete

begin insert

(b) (1) Upon the occurrence of the vacancy, the elections official
for each county in which a section of the recall petition has been
filed shall immediately verify the signatures on the petition
submitted to the elections official as of the date of the vacancy.

end insert begin insert

(2) If the elections official verifies that a sufficient number of
signatures were filed as of the date of the vacancy, the recall
election shall proceed.

end insert begin insert

(3) If the elections official verifies that an insufficient number
of signatures, or no signatures, were filed as of the date of the
vacancy, the recall election shall not proceed and a vacancy in
the office that is the subject of the recall election shall be filled as
otherwise provided by law.

end insert begin insert

(4) A person who was subject to a recall petition may not be
appointed to fill the vacancy in the office that he or she vacated
and that person may not be appointed to fill any other vacancy in
office on the same governing board for the duration of the term of
office of the seat that he or she vacated.

end insert

begin delete

SECTION 1.  

Section 2101 of the Elections Code is amended
to read:

2101.  

A person entitled to register to vote shall be a United
States citizen, a resident of the state, not in prison or on parole for
the conviction of a felony, and at least 18 years of age at the time
of the next election.

end delete