AB 1316, as amended, 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 13118 of the Elections Code is amended
2to read:
The following rules apply when a person who is a
4candidate for any office believes that another person with a name
5that is so similar that it may be confused with his or her name has
6filed or will file a nomination paper for the same office:
7(a) The candidate may, at the time of filing his or her nomination
8paper, or within five days after the time for filing nomination
9papers has expired, file with the elections official a statement that
10shall be in substance as follows:
11“I ____, believe that another person, whose name is so similar
12to mine that it may be confused with mine, has filed or will file a
13nomination paper for
the same office for which I have filed a
14nomination paper, and I therefore request and direct that
the
15elections official assign a number to each candidate with a similar
16name to be printed on the ballot as a distinguishing mark.
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Candidate for the office of ” |
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Candidate for the office of ” end insert |
6(b) The distinguishing mark shall be a number, commencing
7with the number “1” and continuing in numerical sequence until
8each candidate with a similar name has been assigned a
9distinguishing number, and shall be printed at thebegin delete leftend deletebegin insert
rightend insert of the
10name on the ballot.
11(c) The first candidate who filed his or her nomination papers
12shall have the number “1” and
each subsequent candidate, based
13on the time of filing his or her nomination papers, shall be assigned
14the next number in numerical sequence.
15(d) In addition to the designated numbers that the elections
16official shall place on the ballot when the above conditions are
17met, he or she shall place on the ballot, immediately preceding the
18names of the candidates to be voted upon, the following warning:
19
20“Warning! There are two (or applicable number) candidates for
21this office with identical names.”
22
23This warning shall also be included, in a prominent manner, on
24any sample ballot, ballot pamphlet, or other mailing sent by the
25elections official, prior to the election, to persons eligible
to vote
26for this office.
27(e) To determine the order on the ballot for the candidates with
28similar names, the elections official shall conduct a drawing of the
29numbers assigned to the candidates in a similar manner as provided
30for in Section 13112.
If the Commission on State Mandates determines that
32this act contains costs mandated by the state, reimbursement to
33local agencies and school districts for those costs shall be made
34pursuant to Part 7 (commencing with Section 17500) of Division
354 of Title 2 of the Government Code.
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