California Legislature—2013–14 Regular Session

Assembly Bill No. 1316

Introduced by Assembly Member Harkey

February 22, 2013

An act to amend Section 13118 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1316, as introduced, Harkey. Election ballots: identical candidate names.

Existing law sets forth the procedures, requirements, and specifications relating to ballots used in all elections. Existing law authorizes a person who is a candidate for any office to file a statement with the county elections official attesting to his or her belief that some other person with a similar name that may be confused with his or her name has filed or will file a nomination paper for the same office and requesting that a number be printed with his or her name on the ballot as a distinguishing mark. Existing law sets forth the type and placement requirements with respect to the distinguishing mark. Existing law requires the elections official to place a warning that there are candidates for the same office with identical names on the ballot, any sample ballot, ballot pamphlet, or other mailing sent by the official.

This bill would modify the text of the statement contained within the candidate’s request for a distinguishing mark next to his or her name on the ballot. The bill would introduce revised numerical specifications and procedures for the assignment of the distinguishing mark. The bill would also require the elections official to conduct a drawing of the numbers assigned to the candidates in a similar manner as provided for by existing law to determine the order on the ballot for candidates with similar names. By imposing a new requirement on local officials, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Section 13118 of the Elections Code is amended
to read:

13118.  

The following rules apply begin delete whenever any end delete begin insert when a end insert person
who is a candidate for any office believes that begin delete some other end delete begin insert another end insert
person with a name that is so similar that it may be confused with
his or her name has filed or will file a nomination paper for the
same office:

(a) The candidate may, at the time of filing his or her nomination
paper, or within five days after the time for filing nomination
papers has expired, file with the begin delete county end delete elections official a
statement that shall be in substance as follows:

“I ____, believe that begin delete some other end delete begin insert another end insert person, whose name is
so similar to mine that it may be confused with mine, has filed or
will file a nomination paper for the same office for which I have
filed a nomination paper, and I therefore request and direct that
begin delete number ____ be printed with my name end delete begin insert the elections official assign
a number to each candidate with a similar name to be printed end insert on
the ballot as a distinguishing mark.

 

	Name
	Candidate for the office of     ”

 

(b) The distinguishing mark shall be a number begin insert , commencing
with the number “1” and continuing in numerical sequence until
each candidate with a similar name has been assigned a
distinguishing number, end insert and shall be printed begin delete in large boldface type end delete
at the left of the name on the ballot.

(c)  begin delete If two or more candidates for the same office designate the
same distinguishing number, the end delete begin insert The end insert first candidate who filed his
or her nomination papers shall have the number begin delete , end delete begin insert “1” end insert and begin delete other
candidates who designate the same number may file papers
designating other distinguishing numbers end delete begin insert each subsequent
candidate end insert begin insert , based on the time of filing his or her nomination papers,
shall be assigned the next number in numerical sequence end insert .

(d) In addition to the designated begin delete number or end delete numbers that the
begin delete county end delete elections official shall place on the ballot when the above
conditions are met, he or she shall place on the ballot, begin delete immediately
following the designation of the office and end delete begin insert end insert immediately preceding
the names of the candidates to be voted upon, the following
warning begin delete in boldface type end delete :

“Warning!   There are two (or applicable number) candidates for
this office with identical names.”

This warning shall also be included, begin delete in boldface type and end delete in a
prominent manner, on any sample ballot, ballot pamphlet, or other
mailing sent by the begin delete county end delete elections official, prior to the election,
to persons eligible to vote for this office.

begin insert

(e) To determine the order on the ballot for the candidates with
similar names, the elections official shall conduct a drawing of
the numbers assigned to the candidates in a similar manner as
provided for in Section 13112.

end insert

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.