BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 213
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          SENATE THIRD READING
          SB 213 (Galgiani)
          As Amended  May 28, 2013
          Majority vote 

           SENATE VOTE  :38-0  
           
           ELECTIONS           5-1                                         
           
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          |Ayes:|Fong, Bocanegra, Bonta,   |     |                          |
          |     |Hall, Perea               |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Donnelly                  |     |                          |
          |     |                          |     |                          |
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           SUMMARY  :  Repeals various requirements that an individual must  
          be qualified to register to vote in order to circulate election  
          petitions and nomination papers.  Specifically,  this bill  :   

          1)Repeals a requirement that a person must be qualified to  
            register to vote in order to circulate an initiative or  
            referendum petition.  Repeals a requirement that a person must  
            be a voter in the city or qualified to register to vote in the  
            city in order to circulate a city initiative or referendum  
            petition.  Repeals a requirement that a person must be a voter  
            in the district or qualified to register to vote in the  
            district in order to circulate a district initiative petition.

          2)Repeals a requirement that a person must be a voter in the  
            electoral jurisdiction of an officer sought to be recalled in  
            order to circulate a recall petition for that officer.

          3)Repeals a requirement that a person must be a voter in the  
            district or political subdivision in which a candidate is to  
            be voted on in order to circulate nomination papers for that  
            candidate.

          4)Repeals a requirement that a person must be a registered voter  
            of the district or political subdivision in which a candidate  
            is to be voted on in order to circulate an in-lieu-filing-fee  
            petition for that candidate.  Repeals a requirement that a  
            person can circulate an in-lieu-filing-fee petition only in a  








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            county in which he or she resides. 

          5)Requires a person to be 18 years of age or older in order to  
            circulate a state or local initiative, referendum, or recall  
            petition, an in-lieu-filing-fee petition, or a nominating  
            paper.

          6)Makes corresponding and technical changes.

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

           COMMENTS  :  According to the author, "Federal case law (Nader v.  
          Brewer) holds that ballot petitions or candidate papers may be  
          circulated by a person regardless of whether he or she resides  
          in the state or jurisdiction where the petitions or papers must  
          be circulated.  California state law is not in accordance with  
          this federal court decision.  Last year, 19 California counties  
          were sued because they enforced state laws preventing  
          non-California residents from circulating papers or petitions.

          "The U.S. Supreme Court has struck down statutes that  
          require petition circulators to be registered voters.  
          (  Buckley v. American Constitutional Law Foundation, Inc.   
          (1999) 525 U.S. 182.) Other federal courts have struck down  
          statutes that require petition circulators to reside within  
          the state or locality affected by a petition, especially  
          where requiring circulators to submit to jurisdiction by  
          agreement would achieve the same end and would be more  
          narrowly tailored to further the state's interest in  
          preventing fraud. (See, e.g.,  Nader v. Brewer  (9th Cir.  
          2008) 531 F.3d 1028;  Krislov v. Rednour  (7th Cir. 2000) 226  
          F.3d 851;  Lerman v. NYC Board of Elections  (2d Cir. 2000)  
          232 F.3d 135; and  Chandler v. Arvada  (10th Cir. 2002) 292  
          F.3d 1236.)"

          In 2008, the United States Court of Appeals for the Ninth  
          Circuit ruled in Nader v. Brewer (2008), 531 F.3d 1028, that it  
          was unconstitutional for states to prevent non-residents from  
          circulating petitions.  In 2009, the United States Supreme Court  
          declined to hear the case on appeal, so the Ninth Circuit  
          opinion stands.

          In 2010, the Libertarian Party of Los Angeles filed a lawsuit  








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          against the Secretary of State (SOS) in federal court  
          challenging provisions of the California Elections Code that  
          require people who circulate nomination papers on behalf of a  
          candidate to be voters in the district or political subdivision  
          in which the candidate is to be voted on.  The district court  
          dismissed the complaint on the grounds that the Libertarian  
          Party lacked standing to sue, but a panel of the United States  
          Court of Appeals for the Ninth Circuit held that the district  
          court erred in dismissing the case.  The SOS filed a petition  
          requesting that the case be reheard before the entire Court of  
          Appeals for the Ninth Circuit, but that petition was denied.   
          Further proceedings in the case were delayed by the district  
          court pending a potential appeal by the SOS to the United States  
          Supreme Court.

          In the latter half of 2012, a number of California counties were  
          sued in federal court because their county clerks were allegedly  
          enforcing state laws that prevent non-Californians from  
          circulating initiatives and/or nomination papers.  Proceedings  
          in that case, which are pending in district court, have been  
          stayed pending the decision in the Libertarian Party case. 

          In light of the court's ruling in Nader, this bill repeals  
          residency requirements for individuals who circulate initiative,  
          referendum, or recall petitions, in-lieu-filing-fee petitions,  
          and nomination papers.


           Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094 


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