Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2233


Introduced by Assembly Member Donnelly

February 21, 2014


An act tobegin delete amendend deletebegin insert addend insert Sectionbegin delete 5100 ofend deletebegin insert 8106.5 toend insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2233, as amended, Donnelly. Primary elections:begin delete party eligibility.end deletebegin insert petitions: signatures.end insert

begin insert

Existing law requires a person who seeks to have his or her name printed on the ballot used at the direct primary to file with the county elections official a declaration of candidacy and nomination papers. Existing law requires a person to pay a fee to file his or her declaration of candidacy. Existing law permits a candidate to submit a petition containing a specified number of signatures of registered voters in lieu of the filing fee required for the declaration of candidacy.

end insert
begin insert

This bill would require the elections official to reduce the number of signatures required on a petition in lieu of a filing fee for a special election that is held to fill a vacancy by the same proportion as the reduction in time for the candidate to collect signatures if the number of days for a candidate to collect the signatures is less than the number of days that a candidate would have to collect signatures on a petition at a regular election for the same office.

end insert
begin delete

Existing law specifies conditions under which a party is qualified to participate in a primary election.

end delete
begin delete

This bill would make technical, nonsubstantive changes to that provision.

end delete

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 8106.5 is added to the end insertbegin insertElections Codeend insertbegin insert,
2to read:end insert

begin insert
3

begin insert8106.5.end insert  

If the number of days for a candidate to collect
4signatures on a petition in lieu of a filing fee for a special election
5that is held to fill a vacancy is less than the number of days that
6a candidate would have to collect signatures on a petition at a
7regular election for the same office, the elections official shall
8reduce the required number of signatures for the petition, as
9specified in subdivision (a) of Section 8106, by the same proportion
10as the reduction in time for the candidate to collect signatures.

end insert
begin delete
11

SECTION 1.  

Section 5100 of the Elections Code is amended
12to read:

13

5100.  

A party is qualified to participate in a primary election
14under any of the following conditions:

15(a) At the last preceding gubernatorial election there was polled
16for any one of its candidates for any office voted on throughout
17the state, at least 2 percent of the entire vote of the state.

18(b) On or before the 135th day before the primary election, it
19appears to the Secretary of State, as a result of examining and
20totaling the statement of voters and their political affiliations
21transmitted to him or her by the county elections officials, that
22voters equal in number to at least 1 percent of the entire vote of
23the state at the last preceding gubernatorial election have declared
24their intention to affiliate with that party.

25(c) On or before the 135th day before the primary election, there
26is filed with the Secretary of State a petition signed by voters, equal
27in number to at least 10 percent of the entire vote of the state at
28the last preceding gubernatorial election, declaring that they
29represent a proposed party, the name of which shall be stated in
30the petition, which proposed party those voters desire to have
31participate in that primary election. This petition shall be circulated,
32signed, and verified, and the signatures of the voters on it shall be
33certified to and transmitted to the Secretary of State by the county
34elections officials substantially as provided for initiative petitions.
35Each page of the petition shall bear a caption in 18-point boldface
P3    1type, which caption shall be the name of the proposed party
2followed by the words “Petition to participate in the primary
3election.”

end delete


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