AB 477, as amended, Mullin. Elections: ballots and the Green Party.
(1) Upon receipt of a vote by mail ballot and to determine if the signatures compare, existing law requires an elections official to compare the signature on the identification envelope with either (A) the signature appearing on the voter’s affidavit of registration or a previous affidavit of registration of the voter, or (B) the signature appearing on a form issued by an elections official that contains the voter’s signature, that is part of the voter’s registration record, and that the elections official has determined compares with the signature on the voter’s affidavit of registration or a previous affidavit of registration of the voter. If the signatures do not compare, existing law requires the identification envelope to not be opened, the ballot to not be counted, and the cause of the rejection to be written on the face of the identification envelope.
This bill would strike the requirement that an elections official, in comparing the signatures on the identification envelope, as described in (B) above, determine that the signature appearing on a form issued by the elections official that contains the voter’s signature compares with the signature on the voter’s affidavit of registration or a previous affidavit of registration of the voter. If an elections official determines that a voter has failed to sign the identification envelope, the bill would prohibit the elections official from rejecting the vote by mail ballot if the voter signs the identification envelope at the elections official’s office before 5 p.m. on the 8th day after the election, completes and submits an unsigned ballot statement, as specified, before 5 p.m. on the 8th day after the election, or completes and submits an unsigned ballot statement to a polling place within the county or a ballot dropoff box before the close of the polls on election
day. The bill would require the elections official to accept any completed unsigned ballot statement. The bill would require the elections official, upon receipt of the unsigned ballot statement, to compare the voter’s signature on the statement, as described above, and, if the signatures compare, would require the elections official to attach the statement to the identification envelope and deposit the ballot, still in the identification envelope, in a ballot container in his or her office. The bill would require the identification envelope to not be opened and the ballot to not be counted if the elections official determines that the signatures do not compare.begin delete The bill would require the Secretary of State to include the unsigned ballot statement and instructions on completing the statement, and certain contact information for all elections officials, on his or her Internet Web site.end delete The bill would also require an elections
official to include the unsigned ballot statement and instructions, and certain contact information, on his or her Internet Web site. By requiring elections officials to take additional actions related to vote by mail ballots, the bill would impose a state-mandated local program.
(2) Existing law provides for specific procedures by which the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party participate in the presidential primary.
This bill would establish the procedures by which the Green Party would participate in the presidential primary.
Existing law authorizes the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party to each elect county central committees. Existing law establishes state central committees for the Democratic Party, the Republican Party, the American Independent Party, and the Peace and Freedom Party.
This bill would authorize the Green Party to establish, by election, county councils. The bill would also establish a state coordinating committee for the Green Party.
(3) This bill would incorporate additional changes to Section 3019 of the Elections Code, proposed by AB 1020, that would become operative only if AB 1020 and this bill are both chaptered and become effective on or before January 1, 2016, and this bill is chaptered last.
(4) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 3019 of the Elections Code is amended
2to read:
(a) Upon receipt of a vote by mail ballot, the elections
4official shall compare the signature on the identification envelope
5with either of the following to determine if the signatures compare:
6(1) The signature appearing on the voter’s affidavit of
7registration or a previous affidavit of registration of the voter.
8(2) The signature appearing on a form issued by an elections
9official that contains the voter’s signature and that is part of the
10voter’s registration record.
11(b) In comparing signatures pursuant to subdivision (a), the
12elections official may use the duplicate file
of affidavits of
13registered voters or facsimiles of voters’ signatures if the method
14of preparing and displaying the facsimiles complies with the law.
15(c) (1) If upon conducting the comparison of signatures pursuant
16to subdivision (a) the elections official determines that the
P4 1signatures compare, he or she shall deposit the ballot, still in the
2identification envelope, in a ballot container in his or her office.
3(2) If upon conducting the comparison of signatures pursuant
4to subdivision (a) the elections official determines that the
5signatures do not compare, the identification envelope shall not
6be opened and the ballot shall not be counted. The cause of the
7rejection shall be written on the face of the identification envelope.
8(d) The variation of a signature caused by the substitution of
9initials for the first or middle name, or both, shall not be grounds
10for the elections official to determine that the signatures do not
11compare.
12(e) In comparing signatures pursuant to this section, an elections
13official may use signature verification technology. If signature
14verification technology determines the signatures do not compare,
15the elections official shall not reject the ballot unless he or she
16visually examines the signatures and verifies that the signatures
17do not compare.
18(f) (1) (A) Notwithstanding any other law, if an elections
19official determines that a voter has failed to sign the identification
20envelope, the elections official shall not
reject the vote by mail
21ballot if the voter does any of the following:
22(i) Signs the identification envelope at the office of the elections
23official during regular business hours before 5 p.m. on the eighth
24day after the election.
25(ii) Before 5 p.m. on the eighth day after the election, completes
26and submits an unsigned ballot statement in substantially the
27following form:
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“UNSIGNED BALLOT STATEMENT |
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I, , am a registered voter of __________ County, |
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State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. |
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4(iii) Before the close of the polls on election day, completes and
5submits an unsigned ballot statement, in the form described in
6clause (ii), to a polling place within the county or a ballot dropoff
7box.
8(B) If timely submitted, the elections official shall accept any
9completed unsigned ballot statement. Upon receipt of the unsigned
10ballot statement, the elections official
shall compare the voter’s
11signature on the statement in the manner provided by this section.
12(i) If the elections official determines that the signatures
13compare, he or she shall attach the unsigned ballot statement to
14the identification envelope and deposit the ballot, still in the
15identification envelope, in a ballot container in his or her office.
16(ii) If the elections official determines that the signatures do not
17compare, the identification envelope shall not be opened and the
18ballot shall not be counted.
19(C) An elections official may use methods other than those
20described in subparagraph (A) to obtain a voter’s signature on an
21unsigned identification
envelope.
22(2) Instructions shall accompany the unsigned ballot statement
23in substantially the following form:
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“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. |
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1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. |
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2. You must sign your name on the line above (Voter’s Signature). |
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3. Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. |
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4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
P6 1(3) The Secretary of State shall include the unsigned ballot
2statement and instructions described in this subdivision on his or
3her Internet Web site, and shall provide a list of mailing addresses
4and facsimile transmission numbers of all elections officials, or
5provide conspicuous hyperlinks to that information, on the Internet
6Web page containing the statement and instructions.
30 7(4)
end delete
8begin insert(3)end insert An elections official shall include the unsigned ballot
9statement and instructions described in this subdivision on his or
10her Internet Web site, and shall provide the elections official’s
11mailing address and facsimile transmission number on the Internet
12Web page containing the statement and instructions.
13(g) A ballot shall not be removed from its identification envelope
14until the time for processing ballots. A ballot shall not be rejected
15for cause after the identification envelope has been opened.
Section 3019 of the Elections Code is amended to
17read:
(a) Upon receipt of a vote by mail ballot, the elections
19official shall compare the signature on the identification envelope
20with either of the following to determine if the signatures compare:
21(1) The signature appearing on the voter’s affidavit of
22registration or any previous affidavit of registration of the voter.
23(2) The signature appearing on a form issued by an elections
24official that contains the voter’s signature and that is part of the
25voter’s registration record.
26(b) In comparing signatures pursuant to subdivision (a), the
27elections official may
usebegin delete any file or list of registered votersend delete
28begin insert facsimiles of voters’ signatures,end insert if the method of preparing and
29displaying thebegin delete file or listend deletebegin insert facsimilesend insert complies with the law.
30(c) (1) If upon conducting the comparison of signatures pursuant
31to subdivision (a) the elections official determines that the
32signatures compare, he or she shall deposit the ballot, still in the
33identification envelope, in a ballot container in his or her office.
34(2) If upon
conducting the comparison of signatures pursuant
35to subdivision (a) the elections official determines that the
36signatures do not compare, the identification envelope shall not
37be opened and the ballot shall not be counted. The cause of the
38rejection shall be written on the face of the identification envelope.
39(d) The variation of a signature caused by the substitution of
40initials for the first or middle name, or both, shall not be grounds
P7 1for the elections official to determine that the signatures do not
2compare.
3(e) In comparing signatures pursuant to this section, an elections
4official may use signature verification technology. If signature
5verification technology determines the signatures do not compare,
6the elections official shall not reject the ballot unless he or
she
7visually examines the signatures and verifies that the signatures
8do not compare.
9(f) (1) (A) Notwithstanding any other law, if an elections
10official determines that a voter has failed to sign the identification
11envelope, the elections official shall not reject the vote by mail
12ballot if the voter does any of the following:
13(i) Signs the identification envelope at the office of the elections
14official during regular business hours before 5 p.m. on the eighth
15day after the election.
16(ii) Before 5 p.m. on the eighth day after the election, completes
17and submits an unsigned ballot statement in substantially the
18following form:
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“UNSIGNED BALLOT STATEMENT |
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I, , am a registered voter of __________ County, |
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State of California. I do solemnly swear (or affirm) that I requested and returned a vote by mail ballot and that I have not and will not vote more than one ballot in this election. I understand that if I commit or attempt any fraud in connection with voting, or if I aid or abet fraud or attempt to aid or abet fraud in connection with voting, I may be convicted of
a felony punishable by imprisonment for 16 months or two or three years. I understand that my failure to sign this statement means that my vote by mail ballot will be invalidated. |
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35(iii) Before the close of the polls on election day, completes and
36submits an unsigned ballot
statement, in the form described in
37clause (ii), to a polling place within the county or a ballot dropoff
38box.
39(B) If timely submitted, the elections official shall accept any
40completed unsigned ballot statement. Upon receipt of the unsigned
P8 1ballot statement, the elections official shall compare the voter’s
2signature on the statement in the manner provided by this section.
3(i) If the elections official determines that the signatures
4compare, he or she shall attach the unsigned ballot statement to
5the identification envelope and deposit the ballot, still in the
6identification envelope, in a ballot container in his or her office.
7(ii) If the elections official determines that the
signatures do not
8compare, the identification envelope shall not be opened and the
9ballot shall not be counted.
10(C) An elections official may use methods other than those
11described in subparagraph (A) to obtain a voter’s signature on an
12unsigned identification envelope.
13(2) Instructions shall accompany the unsigned ballot statement
14in substantially the following form:
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“READ THESE INSTRUCTIONS CAREFULLY BEFORE COMPLETING THE STATEMENT. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR BALLOT NOT TO COUNT. |
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1. In order to ensure that your vote by mail ballot will be counted, your statement should be completed and returned as soon as possible so that it can reach the elections official of the county in which your precinct is located no later than 5 p.m. on the eighth day after the election. |
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2. You must sign your name on the line above (Voter’s Signature). |
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3. Place the statement into a mailing envelope addressed to your local elections official. Mail, deliver, or have delivered the completed statement to the elections official. Be sure there is sufficient postage if mailed and that the address of the elections official is correct. |
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4. Alternatively, you may submit your completed statement by facsimile transmission to your local elections official, or submit your completed statement to a polling place within the county or a ballot dropoff box before the close of the polls on election day. |
33(3) The Secretary of State shall include the unsigned ballot
34statement and instructions described in this subdivision on his or
35her Internet Web site, and shall provide a list of mailing addresses
36and facsimile transmission numbers of all elections officials, or
37provide conspicuous hyperlinks to that information, on the Internet
38Web page containing the statement and instructions.
34 39(4)
end delete
P9 1begin insert(3)end insert An elections official shall include the unsigned ballot
2
statement and instructions described in this subdivision on his or
3her Internet Web site, and shall provide the elections official’s
4mailing address and facsimile transmission number on the Internet
5Web page containing the statement and instructions.
6(g) A ballot shall not be removed from its identification envelope
7until the time for processing ballots. A ballot shall not be rejected
8for cause after the identification envelope has been opened.
Chapter 5 (commencing with Section 6850) is added
10to Part 1 of Division 6 of the Elections Code, to read:
11
13
This chapter applies to the presidential primary ballot
17of the Green Party only. As used in this chapter, “Green Party”
18means the Green Party of California.
The Green Party presidential primary ballot shall
20express the presidential preference of California voters who vote
21in the Green Party primary. National convention delegates shall
22be selected as provided for in the bylaws and the rules and
23procedures of the Green Party and pursuant to the rules of the
24national political party with which the Green Party is affiliated.
A filing fee shall not be required from a person to be
26voted for in a Green Party presidential primary.
27
The Secretary of State shall place the name of a candidate
32upon the Green Party presidential preference ballot when the
33Secretary of State has determined that the candidate is generally
34advocated for or recognized throughout the United States or
35California as actively seeking the presidential nomination of the
36Green Party or the national political party with which the Green
37Party is affiliated.
On or before the 150th day preceding a presidential
39primary election, the Secretary of State shall send a letter by
40first-class mail to the Green Party Liaison to the Secretary of State
P10 1informing her or him that, while a response is not required, any
2information she or he wishes to submit will be considered by the
3Secretary of State in the determination of candidates to be placed
4on the Green Party presidential preference primary ballot pursuant
5to Section 6851.
On or before the 120th day preceding a presidential
7primary election, the Secretary of State shall publicly announce
8and distribute to the news media for publication a list of the
9candidates she or he intends to place on the ballot at the following
10presidential primary election. Following this announcement, the
11Secretary of State may add candidates to her or his selection, but
12she or he may not delete any candidate whose name appears on
13the announced list. The Secretary of State shall mail a copy of the
14list and any subsequent additions to the list to the Green Party
15Liaison to the Secretary of State.
When the Secretary of State decides to place the name
17of a candidate on the ballot pursuant to Sections 6851 and 6852,
18the Secretary of State shall notify the candidate that her or his
19name will appear on the Green Party presidential preference
20primary ballot.
If a selected candidate or an unselected candidate files
22with the Secretary of State, no later than the 68th day before the
23presidential primary, an affidavit stating without qualification that
24she or he is not a candidate for the office of President of the United
25States at the forthcoming presidential primary election, the name
26of that candidate shall be omitted from the list of names certified
27by the Secretary of State to the elections official for the ballot and
28the name of that candidate shall not appear on the presidential
29preference portion of the primary ballot.
An unselected candidate desiring to have her or his
31name placed on the presidential preference primary ballot shall
32have nomination papers circulated on her or his behalf. In order
33to qualify the name of that candidate for placement on the
34presidential preference primary ballot, the nomination papers of
35the candidate shall be signed by voters registered as preferring the
36Green Party equal in number to not less than 1 percent of the
37number of persons registered as preferring the Green Party as
38reflected in the report of registration issued by the Secretary of
39State on the 135th day before the presidential primary election.
This article applies to the nomination of a Green Party
5candidate for the presidential primary ballot.
Nomination papers properly prepared, circulated,
7signed, and verified shall be left, for examination, with the elections
8official of the county in which they are circulated at least 74 days
9before the presidential primary.
Each signer of a nomination paper for the presidential
11primary ballot may sign only one paper. The signer shall add her
12or his printed name and place of residence indicating city and
13giving the street and number, if any.
A nomination paper may be presented in sections. Each
15section shall contain the name of the presidential preference
16candidate. Each section shall bear the name of the county in which
17it is circulated. Only voters of the county registered as preferring
18the Green Party are competent to sign.
Each section shall be prepared with the lines for
20signatures numbered, and shall have attached the declaration of
21the circulator who obtained signatures to it, which shall meet all
22of the requirements of Section 104. No other declaration is required
23to be made.
A verified nomination paper is prima facie evidence
25that the signatures are genuine and that the persons signing it are
26 voters registered as preferring the Green Party until it is otherwise
27proven by comparison of the signatures with the affidavits of
28registration in the office of the elections official.
The nomination paper for a candidate for the presidential
30preference portion of the ballot shall be in substantially the
31following form:
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SECTION OF NOMINATION PAPER SIGNED BY VOTER ON |
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Section ____________ Page ____________ |
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County of __________. Nomination paper of a presidential preference candidate for the Green Party presidential primary ballot. |
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State of California County of |
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ss. |
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SIGNER’S STATEMENT |
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I, the undersigned, am a voter of the County of ____________, State of California, and am registered as preferring the Green Party. I hereby nominate ____________ for the presidential preference portion of the Green Party’s presidential primary ballot, to be voted for at the presidential primary to be held on the____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office. |
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Number_________Signature_________Printed name_________Residence |
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1. |
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2. |
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3. |
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etc. |
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CIRCULATOR’S DECLARATION |
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I, ________, affirm all of the following: 1. That I am 18 years of age or older.
2. That my residence address, including street number, is
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3. That I secured signatures in the County of ________ to the nomination paper of a candidate in the presidential preference primary of the Green Party, that all the signatures on this section of the nomination paper numbered from 1 to ______, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__, and ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.
I declare under penalty of perjury that the foregoing is true and correct.
Executed at ________, California, this ____ day of ____, 20__. [Signed] ______________________________ Circulator [Printed Name] _____________________________ |
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Before filing, the sections of a nomination paper for a candidate shall be numbered in order.
Nomination papers, properly assembled, may be consolidated and fastened together by counties, but nomination papers signed by voters in different counties shall not be fastened together.
The elections official shall examine all nomination papers left with her or him for examination and shall disregard and mark “not sufficient” the name of any voter of that county that does not appear in the same handwriting on an affidavit of registration in the office of the elections official. The elections official shall also disregard and mark “not sufficient” the name of any voter of the county who is not registered as preferring the Green Party.
Within five days after any nomination papers are left with the elections official for examination, the elections official shall do both of the following:
(a) Examine and affix to them a certificate reciting that she or he has examined them and stating the number of names that have not been marked “not sufficient.”
(b) Transmit the papers with the certificate of examination to the Secretary of State, who shall file the papers.
The certificate of the elections official to nomination papers of a candidate shall be in substantially the following form:
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CERTIFICATE OF COUNTY ELECTIONS OFFICIAL TO NOMINATION |
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To the Secretary of State: |
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I, County Elections Official of the County of ______, hereby certify that I have examined the nomination papers, to which
this certificate is attached, of the presidential candidate, and that the number of names which I have not marked “not sufficient” is _______. _______________________________________________________ |
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Dated this ________ day of ________, 20___. |
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________________________ |
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(SEAL) |
County Elections Official By
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Upon receipt of a sufficient number of signatures for the nomination of a candidate for the presidential preference primary ballot, the Secretary of State shall notify the candidate or her or his duly authorized representative of that fact.
Following the filing of nomination papers, the presidential preference primary candidates shall be printed upon the ballot.
For the presidential primary election, the format of the Green Party ballot shall be governed by Chapter 2 (commencing with Section 13100) of Division 13, with the following exceptions:
(a) The heading “Presidential Candidate Preference” shall be included.
(b) Selected and unselected presidential candidates shall be listed below the heading specified in subdivision (a).
(c) The instructions to voters shall begin with the words “Vote for a candidate.” The instructions to voters shall also include the statement that “Delegates to the national convention will be selected after the primary election.”
A person who believes her or his name may be used as a write-in candidate for President of the United States shall, no later than 21 days before the primary election, file an endorsement of her or his write-in candidacy with the Secretary of State, or no votes shall be counted for that write-in candidate.
The number of delegates to be selected following the presidential preference primary shall be the number established by the national political party with which the Green Party is affiliated.
National convention delegates shall be selected as provided for in the bylaws and the rules and procedures of the Green Party and pursuant to the rules of the national political party with which the Green Party is affiliated.
In each year of the general election at which electors of President and Vice President of the United States are to be chosen, the Green Party shall also nominate as the candidates of its party as many electors of President and Vice President of the United States as the state is then entitled, 50 percent of whom shall be women and 50 percent men, unless an odd number of electors is to be chosen, in which case the difference between the number of women and men shall be not more than one elector. The Green Party Liaison to the Secretary of State shall certify the name of each elector nominated, and the elector's residence address to the Secretary of State.
Section 6901 of the Elections Code is amended to read:
Whenever a political party, in accordance with Section
286864, 7100, 7300, 7578, or 7843, submits to the Secretary of State
29its certified list of nominees for electors of President and Vice
30President of the United States, the Secretary of State shall notify
31each candidate for elector of his or her nomination by the party.
32The Secretary of State shall cause the names of the candidates for
33President and Vice President of the several political parties to be
34placed upon the ballot for the ensuing general election.
Part 6 (commencing with Section 7900) is added to
36Division 7 of the Elections Code, to read:
2
This part applies to the organization, operations, and
6functions of the party known as the Green Party. As used in this
7part, “Green Party” means the Green Party of California.
8
At each presidential primary election, members of central
12committees, which shall be termed “county councils,” shall be
13elected in each county.
For purposes of this chapter, the registration figures used
15shall be those taken from the statement of voters and their political
16preferences transmitted by the elections officials to the Secretary
17of State on or before March 1 of the odd-numbered year preceding
18the next presidential primary election.
The number of members of the county council to be
20elected in a county shall be a minimum of three and a maximum
21of 50, and the process in which each county’s number shall be
22calculated shall be defined in the Green Party’s bylaws and, to be
23effective, shall be communicated to the Secretary of State by the
24Green Party Liaison to the Secretary of State no later than 175
25days before the next presidential primary election.
At its first meeting following the presidential primary
27election and at subsequent meetings, a county council may appoint
28additional members to the county council to fill any vacancy.
A person shall not be appointed to membership on a
30county council who is registered as preferring another party or
31registered as “No Party Preference.” Appointment of other persons
32who cannot register to vote shall be allowed under certain
33circumstances as described in state Green Party bylaws and any
34applicable county Green Party bylaws.
The removal of residence by an elected or appointed
36member of a county council from the applicable county shall
37constitute automatic resignation from the county council.
A member of a county council who changes her or his
39voter registration to no longer prefer the Green Party shall
40automatically be removed from office upon such registration.
County council members additionally may be removed
2for cause by procedures established in the Green Party’s bylaws.
When a person is appointed to a county council, the
4county council shall file notices of the appointment with the county
5elections official and the coordinating committee of the Green
6Party within 30 days after the appointment is made. The notices
7shall contain the name and address of the person appointed and
8shall indicate the date of the appointment.
The Department of General Services shall permit any
10county council that desires to do so to hold meetings in a state
11building within the county, and a minimum of one meeting each
12month shall be without charge.
13
Members of county councils shall be elected from one
17or more multi-member districts. Multimember districts shall
18conform to the county boundaries or recognized jurisdictional
19boundaries of Congressional, State Assembly, State Senate, or
20Supervisorial districts within that county, in accordance with state
21Green Party bylaws and county Green Party
bylaws.
The Secretary of State, no later than the 175th day before
23the presidential primary election, shall compute the number of
24members of a county council to be elected in each county and shall
25mail a certificate to that effect to the elections official of each
26county and to the Green Party Liaison to the Secretary of State.
The elections official, no later than the 172nd day before
28the presidential primary election, shall compute the number of
29members of a county council to be elected in each district if the
30election of the members is to be by district pursuant to this chapter.
In each county, the name of each candidate for member
32of a county council shall appear on the ballot only if she or he is
33registered as preferring the Green Party and has filed a nomination
34paper pursuant to Chapter 5 (commencing with Section 6850) of
35Part 1 of Division 6, signed on the candidate’s behalf by Green
36Party voters of the county council election district in which she or
37he is a candidate.
In counties where members of county councils are to be
39elected by district, a person seeking election as a member of a
P18 1county council may seek election only in the district in which she
2or he resides.
Notwithstanding any other provision of this code, a
4person may obtain and circulate nomination papers for both
5nomination to a public office and for election as a member of a
6county council.
Notwithstanding any other provision of this code, the
8number of sponsors that shall be required of a person to be a
9candidate for member of a county council shall be either not less
10than 20 sponsors, or not less than 2 percent of the number of voters
11registered as preferring the Green Party in the county council
12election district, whichever is less.
Notwithstanding any other provision of this code, each
14sponsor is entitled to sponsor as many candidates as there are seats
15in the district. Candidate names listed on a single sponsor’s
16certificate, and the signatures on the certificate shall count toward
17the sponsor requirement of each and every candidate whose name
18is listed on the certificate. The number of candidates having their
19names on a sponsor’s certificate shall not exceed the number of
20members of a county council to be elected in the district.
The elections official of each county shall include the
22office of member of county council and the candidates for the
23office in a place and manner similar to that for the office of county
24central committee of other political parties and the candidates for
25that office on the applicable official lists.
The order of appearance of the names of the candidates
27for member of county council on the ballot shall be determined
28by a public drawing held at the time, place, and manner prescribed
29for determining the order of names of county central committee
30members pursuant to Chapter 2 (commencing with Section 13100)
31of Division 13.
The office of member of county council shall be placed
33on the presidential primary ballot under the heading “Party County
34Council” in the place and manner designated for the office of
35county central committee pursuant to Chapter 2 (commencing with
36Section 13100) of Division 13. The subheading printed under party
37central committees on the presidential primary ballot shall be in
38substantially the following form: Member of Green Party County
39Council, ___the __________ District or Member of the Green
40Party County Council, _______ County.
Except as otherwise provided in this section, the votes
2cast for each candidate for member of county council shall be
3included in the canvass and statement of results in a manner similar
4to the vote for each candidate for county central committees
5pursuant to Division 15 (commencing with Section 15000), and
6specifically:
7(a) The final total of votes cast for each candidate for member
8of county council, including the name, address, and ballot
9designation of each such candidate, and a specification as to which
10candidates were declared elected shall be certified to the Secretary
11of State without delay upon completion of the official canvass.
12The county clerk shall simultaneously send one
copy of this final
13certification to the Green Party Liaison to the Secretary of State.
14(b) As soon as practicable after the presidential primary election,
15the Secretary of State shall prepare a certified list, by county, of
16all elected Green Party members of county councils, including
17their addresses and primary election ballot designations. The
18Secretary of State shall send copies of the list to the registrar of
19voters in each county no later than 45 days following the
20presidential primary election. This list shall be maintained for
21public inspection by the registrars of voters in each county until a
22subsequent list is received.
23(c) The Secretary of State, no later than 45 days following the
24presidential primary election, shall send a notice by mail to each
25of the elected
members of county councils that informs the person
26that she or he has been elected as a member of the county council.
27The Secretary of State shall send a copy of the certified list of all
28elected members of all county councils to the Green Party Liaison
29to the Secretary of State.
Notwithstanding any other provision of this code, a
31write-in candidate for member of county council shall not be
32declared elected unless the write-in candidate has received a
33number of votes equal to or greater than 2 percent of the number
34of party members voting in the county council election district at
35the presidential primary or 20 votes, whichever is less.
The members of the state coordinating committee shall
4be elected as provided in the Green Party bylaws and shall have
5the responsibilities described in those bylaws.
A person shall not be a member of the state coordinating
7committee unless she or he is registered as a voter preferring the
8Green Party.
The state coordinating committee shall hold meetings
10at least once during each year.
(a) The state coordinating committee shall have the
12authority to certify, as provided by Green Party bylaws, county
13council members in the following counties:
14(1) Counties where no county council candidates qualified for
15the ballot in the preceding presidential primary election.
16(2) Counties where all members of the county council have
17become disqualified from holding office.
18(b) County council members certified pursuant to this section
19shall meet the qualifications otherwise required for county council
20members. County council members certified
pursuant to this
21section shall be reported by the state coordinating committee to
22the applicable county elections officials. County council members
23certified under this section shall have all the powers and privileges
24otherwise afforded to county councils.
The state coordinating committee shall communicate in
26writing to the Secretary of State the identity of the Green Party
27Liaison to the Secretary of State.
Section 1.5 of this bill incorporates amendments to
29Section 3019 of the Elections Code proposed by both this bill and
30Assembly Bill 1020. It shall only become operative if (1) both
31bills are enacted and become effective on or before January 1,
322016, (2) each bill amends Section 3019 of the Elections Code,
33and (3) this bill is enacted after Assembly Bill 1020, in which case
34Section 1 of this bill shall not become operative.
If the Commission on State Mandates determines that
36this act contains costs mandated by the state, reimbursement to
37local agencies and school districts for those costs shall be made
P21 1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.
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