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 ----------------------------------------------------------------- |Ayes:|Fong, Hall, Perea, | | | | |Rodriguez | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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 FN: 0003346