BILL NUMBER: AB 1311	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 21, 2013

INTRODUCED BY   Assembly Member Bradford

                        FEBRUARY 22, 2013

   An act to amend Section  2101   11302 
of the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1311, as amended, Bradford.  Voting qualifications.
  Recall elections.  
   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.  
   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.  
   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.  

   This bill would make a technical, nonsubstantive change to this
law. 
   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 11302 of the  
Elections Code   is amended to read: 
   11302.   If   (a)    
Except as described in paragraph (3) of subdivision (b), if  a
vacancy occurs in an office after a recall petition is filed against
the vacating officer, the recall election shall nevertheless proceed.
 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.  
   (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.
 
   (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.  
   (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.  
   (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.  
  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.