BILL NUMBER: AB 1316 INTRODUCED
BILL TEXT
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 whenever any
when a person who is a candidate for any office believes
that some other another 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 county elections
official a statement that shall be in substance as follows:
"I ____, believe that some other another
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 number ____ be printed
with my name the elections official assign a number to
each candidate with a similar name to be printed on the ballot
as a distinguishing mark.
______
Name
Candidate
for the
office
of ___ ''
(b) The distinguishing mark shall be a number , commencing
with the number "1" and continuing in numerical sequence
until each candidate with a similar name has been assigned a
distinguishing number, and shall be printed in large
boldface type at the left of the name on the ballot.
(c) If two or more candidates for the same office
designate the same distinguishing number, the The
first candidate who filed his or her nomination papers shall
have the number , "1" and
other candidates who designate the same number may file papers
designating other distinguishing numbers each
subsequent candidate , based on the time of filing his or
her nomination papers, shall be assigned the next number in numerical
sequence .
(d) In addition to the designated number or
numbers that the county elections official shall
place on the ballot when the above conditions are met, he or she
shall place on the ballot, immediately following the
designation of the office and immediately
preceding the names of the candidates to be voted upon, the following
warning in boldface type :
"Warning! There are two (or applicable number) candidates for this
office with identical names."
This warning shall also be included, in boldface type and
in a prominent manner, on any sample ballot, ballot
pamphlet, or other mailing sent by the county
elections official, prior to the election, to persons eligible to
vote for this office.
(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.
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.