Amended in Senate May 23, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1768


Introduced by Assembly Member Fong

February 14, 2014


An act to amend Section 8040 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1768, as amended, Fong. Declaration of candidacy: residence address.

Existing law requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate. Existing law provides that a candidate for judicial office is not required to state his or her residence address on a declaration of candidacy. Existing law requires an elections official to verify whether a candidate’s residence address is within the appropriate political subdivision and add a specified notation on the declaration of candidacy if the candidate does not state his or her residence address on the declaration. Existing law provides specified procedures to make a voter’s registration information confidential, including a voter’s residence address.

begin insertThis bill would instead provide elections officials with the discretion to allow a candidate for judicial office to withhold his or her residence address from a declaration of candidacy. end insertThis bill would alsobegin insert provide elections officials with the discretion to allow end insertbegin delete exempt from the requirement to state a residence address on a declaration of candidacy end deletea candidate for any office whose voter registration information is confidential, as specifiedbegin delete. Because the bill would impose new duties on local elections officials, the bill would create a state-mandated local programend deletebegin insert, to withhold his or her residence address from a declaration of candidacyend insert.

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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.

end delete
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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.

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Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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

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SECTION 1.  

Section 8040 of the Elections Code is amended
2to read:

3

8040.  

(a) The declaration of candidacy by a candidate shall
4be substantially as follows:


5

 

DECLARATION OF CANDIDACY

 

 I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:

My name is    .

 I want my name and occupational designation to appear on the ballot as follows: ______________________________________.

Addresses:

Residence   

   

Business   

   

Mailing    

   

 Telephone numbers: Day _________ Evening _________

 Web site: _______________________________________

 I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required).

 I am at present an incumbent of the following public office

(if any) __________.

 If nominated, I will accept the nomination and not withdraw.


           Signature of candidate   

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A candidate for voter-nominated office shall also complete all of the following:

   
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1.

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begin insert(1)end insert I hereby certify that:

(a)At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any:    .

(b) My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows:

 

Party Registration

County

Timeframe (by year)

   

   

   

   

   

   

   

   

   

   

(2) Pursuant to Section 8002.5 of the Elections Code, select one of the following:

   

______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration).

   

______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration).

   
  

Dated this ___ day of _____, 20___.

  

   

  

  Signature of candidate

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State of California  

 )

 

County of    

 ) ss.

 

 

 )

 

 

 

 Subscribed and sworn to before me this ___ day of ________, 20____.


      Notary Public (or other official)   

 Examined and certified by me this ________ day of ________, 20____.


          County Elections Official   

 

WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in his or her possession which is entitled to be filed under the provisions of the Elections Code Section 18202.

 

12(b) begin deleteA end deletebegin insertAt the discretion of the elections official,end insertbegin insert end insertbegin inserta end insertcandidate for
13a judicial office, or a candidate for any office whose voter
14registration information is confidential under Section 2166, 2166.5,
15or 2166.7,begin delete shall not be required to stateend deletebegin insert may withholdend insert his or her
16residence addressbegin delete onend deletebegin insert fromend insert the declaration of candidacy. If a
17candidate does not state his or her residence address on the
18declaration of candidacy, the elections official shall verify whether
19the candidate’s address is within the appropriate political
20subdivision and add the notation “verified” where appropriate on
21the declaration.

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22

SEC. 2.  

If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.

end delete


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