Amended in Assembly April 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 372


Introduced by Assembly Member Bigelow

February 17, 2015


An act to amend Section 8604 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 372, as amended, Bigelow. Elections: write-in candidates.

Existing law generally prohibits requiring write-in candidates for office to pay a fee or charge. Existing law requires other candidates to pay a filing fee or to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified.

This bill would require write-in candidates for a voter-nominated office who advance to the general election to pay the prescribed filing fee in order to appear on the general election ballot.begin insert This bill would also permit a candidate who alleges to be indigent and unable to pay the requisite fee to submit a statement of financial worth to the Secretary of State for consideration. This bill would require the Secretary of State to furnish the statement of financial worthend insertbegin insert to a candidate within a prescribed period and to determine whether a candidate who has submitted the statement is in fact indigent. This bill would require a candidate found not to be indigent to pay the filing fee within a prescribed time. This bill would also specify that a candidate found to be indigent is not required to pay the fee to appear on the ballot.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 8604 of the Elections Code is amended
2to read:

3

8604.  

(a) Except as provided in Section 10228 and in
4subdivision (b), a fee or charge shall not be required of a write-in
5 candidate.

6(b) A write-in candidate for a voter-nominated office who
7receives the highest or second highest number of votes cast at the
8primary election shallbegin insert, at least eighty-eight days before the election,end insert
9 pay the filing fee prescribed by Section 8103 to the Secretary of
10State to appear on the ballot at the ensuing general election.

begin insert

11(c) Notwithstanding subdivision (b), if a candidate alleges to
12be indigent and unable to pay the fee required by subdivision (b),
13the candidate shall submit to the Secretary of State a statement of
14financial worth to be used in determining whether or not he or she
15is eligible to appear on the ballot at the ensuing general election
16without paying the filing fee.

end insert
begin insert

17(d) (1) The Secretary of State shall furnish the statement of
18financial worth, which may include questions relating to the
19candidate’s employer, income, real estate holdings, tangible
20personal property, and financial obligations, beginning one
21hundred fifty-five days before the election. The statement of
22financial worth shall be made available until ninety-six days before
23the election.

end insert
begin insert

24(2) A candidate shall do all of the following with respect to the
25statement of financial worth:

end insert
begin insert

26(A) Submit his or her completed statement to the Secretary of
27State no later than ninety-six days before the election.

end insert
begin insert

28(B) Certify the content of the statement as to its truth and
29correctness under penalty of perjury.

end insert
begin insert

30(C) Sign a release form of the candidate’s most recent federal
31income tax report.

end insert
begin insert

32(e) Upon receipt of a statement of financial worth, the Secretary
33of State shall, at least ninety days before the election, determine
34whether or not the candidate is indigent. The Secretary of State
35shall notify the candidate of its findings.

end insert
begin insert

36(f) (1) If the Secretary of State determines that the candidate
37is not indigent, the candidate shall pay the requisite fee at least
38eighty-eight days before the election.

end insert
begin insert

P3    1(2) If the Secretary of State determines that the candidate is
2indigent, the candidate shall not be required to pay the fee and
3shall appear on the ballot at the ensuing general election.

end insert


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