BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2766
                                                                  Page  1


          ASSEMBLY THIRD READING
          AB 2766 (Elections and Redistricting Committee)
          As Introduced April 2, 2014
          Majority vote

           ELECTIONS           4-0                                         
           
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          |Ayes:|Fong, Hall, Perea,        |     |                          |
          |     |Rodriguez                 |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Repeals provisions of law that require county central  
          committee members of Democratic, Republican, and American  
          Independent parties, whether elected to the committee or  
          appointed to fill a vacancy, before entering upon the duties of  
          his office, to take and subscribe the oath or affirmation to  
          uphold the California and United States Constitutions.

           FISCAL EFFECT  :  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.

           COMMENTS  :  According to the author, "This is one of the Assembly  
          Elections & Redistricting Committee's bills, containing changes  
          to provisions of the Elections Code to conform state law to a  
          recent Superior Court ruling in Barta v. Bowen, in which the  
          court found that the Elections Code requirement for central  
          committee members to take the oath of office was  
          unconstitutional.  The provisions of this bill are changes  
          requested by the Secretary of State (SOS)."

          California Constitution Article XX Section 3 requires public  
          officials to take an oath or affirmation of office to support  
          and defend the California and United States Constitutions.    
          Additionally, existing state statute requires each county  
          central committee member of the Democratic, Republican, and  
          American Independent Party, whether elected to the committee or  
          appointed to fill a vacancy, to take and subscribe to the oath  
          or affirmation set forth in the California Constitution Article  
          XX Section 3, before he or she enters upon the duties of his or  
          her office.  Current law does not include a similar loyalty oath  
          requirement for members of the central committee of the Peace  
          and Freedom Party. 








                                                                  AB 2766
                                                                  Page  2



          Last year, a lawsuit was filed against the SOS challenging the  
          loyalty oath requirement for political party central committee  
          members.  In the lawsuit, the petitioner alleged that requiring  
          central committee members to take the oath of office found in  
          the California Constitution Article XX Section 3 is a violation  
          of the United States and California Constitutions. The  
          petitioner requested the court to declare Elections Code  
          Sections 7210, 7408, and 7655 invalid because county central  
          committee members are not public officeholders or employees and  
          consequently, they should not be required to take the oath.   
          Additionally, the petitioner alleged that the oath requirement  
          violates the associational rights of the political parties by  
          regulating the internal affairs of these political parties  
          without a compelling state interest.

          The Superior Court ruled in favor of the petitioner's request  
          for a declaratory judgment that Elections Code Sections 7210,  
          7408, and 7655 are unconstitutional.  

          In light of the Superior Court's decision and because the SOS  
          concedes that Elections Code Sections 7210, 7408, and 7655 could  
          be considered unconstitutional, this bill repeals the loyalty  
          oath requirements in the Elections Code for the county central  
          committee members of the Democratic, Republican, and American  
          Independent Parties.  Political parties would be free to impose  
          their own requirements for members of their central committees,  
          but the state would no longer require central committee members  
          to take the oath contained in the California Constitution  
          Article XX Section 3 before taking office.  


           Analysis Prepared by  :    Nichole Becker / E. & R. / (916)  
          319-2094


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