BILL NUMBER: AB 2233	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Donnelly

                        FEBRUARY 21, 2014

   An act to  amend   add  Section 
5100 of   8106.5 to  the Elections Code, relating
to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2233, as amended, Donnelly. Primary elections:  party
eligibility.   petitions: signatures.  
   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.  
   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.  
   Existing law specifies conditions under which a party is qualified
to participate in a primary election.  
   This bill would make technical, nonsubstantive changes to that
provision. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8106.5 is added to the 
 Elections Code   , to read:  
   8106.5.  If the number of days for a candidate to collect
signatures on a petition in lieu of a filing fee for a special
election that is held to fill a vacancy 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, the elections official
shall reduce the required number of signatures for the petition, as
specified in subdivision (a) of Section 8106, by the same proportion
as the reduction in time for the candidate to collect signatures.
 
  SECTION 1.    Section 5100 of the Elections Code
is amended to read:
   5100.  A party is qualified to participate in a primary election
under any of the following conditions:
   (a) At the last preceding gubernatorial election there was polled
for any one of its candidates for any office voted on throughout the
state, at least 2 percent of the entire vote of the state.
   (b) On or before the 135th day before the primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their political affiliations
transmitted to him or her by the county elections officials, that
voters equal in number to at least 1 percent of the entire vote of
the state at the last preceding gubernatorial election have declared
their intention to affiliate with that party.
   (c) On or before the 135th day before the primary election, there
is filed with the Secretary of State a petition signed by voters,
equal in number to at least 10 percent of the entire vote of the
state at the last preceding gubernatorial election, declaring that
they represent a proposed party, the name of which shall be stated in
the petition, which proposed party those voters desire to have
participate in that primary election. This petition shall be
circulated, signed, and verified, and the signatures of the voters on
it shall be certified to and transmitted to the Secretary of State
by the county elections officials substantially as provided for
initiative petitions. Each page of the petition shall bear a caption
in 18-point boldface type, which caption shall be the name of the
proposed party followed by the words "Petition to participate in the
primary election."