AB 609, as introduced, Cristina Garcia. Members of the Legislature: residency.
The California Constitution requires that a person reside within the legislative district for which he or she seeks election as a Member of the Legislature for one year immediately preceding the election.
This bill would permit a candidate for Member of the Legislature to file a statement with the Secretary of State in which the candidate voluntarily agrees that, if elected, he or she will continue to reside within the district from which he or she was elected during his or her term of office. This bill would require the Secretary of State to designate in the state ballot pamphlet those candidates who have voluntarily agreed to this continuing residency requirement.
The Political Reform Act of 1974 authorizes a candidate for State Senate or Assembly who accepts certain voluntary expenditure limits to purchase the space to place a statement in the voter information portion of the sample ballot that does not exceed 250 words.
This bill would additionally require a candidate for State Senate or Assembly to file the voluntary statement described above in order to purchase the space to place a statement in the sample ballot.
The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2⁄3. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The Legislature hereby finds and declares that,
2in order to ensure that Members of the Legislature adequately and
3effectively represent their constituents, those elected to the
4Legislature should continue to reside in the districts that they are
5elected to represent during their terms of office.
Section 8020.5 is added to the Elections Code, to read:
(a) A candidate for Member of the Legislature may
8file a statement with the Secretary of State in which the candidate
9voluntarily agrees that, if elected, he or she will continue to reside
10within the district from which he or she was elected during his or
11her term of office. A person does not violate the voluntary
12agreement if, after being elected for a term of office, the boundaries
13of the district from which he or she was elected are changed during
14that term of office so as to exclude his or her residence from the
15district.
16(b) If a candidate for Member of the Legislature elects to file
17the voluntary statement of continuing residency pursuant to
18subdivision (a), the statement shall be filed with his or her
19nomination documents.
20(c) The Secretary of State shall designate in the state ballot
21pamphlet those candidates for Member of the Legislature who
22have voluntarily agreed to the continuing residency requirement
23set forth in this section.
Section 85601 of the Government Code is amended
25to read:
(a) A candidate for statewide elective office, as defined
27in Section 82053, who accepts the voluntary expenditure limits
28set forth in Section 85400 may purchase the space to place a
29statement in the state ballot pamphlet that does not exceed 250
30words. The statement may not make any reference to any opponent
31of the candidate. The statement shall be submitted in accordance
P3 1with timeframes and procedures set forth by the Secretary of State
2for the preparation of the state ballot pamphlets.
3(b) Notwithstanding subdivision (e) of Section 88001 of this
4code or subdivision (e) of Section 9084 of the Elections Code,begin delete on the
Secretary of State may not include
5and after November 6, 2002,end delete
6in the state ballot pamphlet a statement from a candidate who has
7not voluntarily agreed to the expenditure limitations set forth in
8Section 85400.
9(c) A candidate for State Senate or Assembly who accepts the
10voluntary expenditure limits set forth in Section 85400begin insert of this code
11and files the voluntary statement described in Section 8020.5 of
12the Elections Codeend insert may purchase the space to place a statement
13in the voter information portion of the sample ballot that does not
14exceed 250 words. The statement may not make any reference to
15any opponent of the candidate. The statement shall be submitted
16in accordance with the timeframes and procedures set forth in the
17Elections Code for the preparation of the voter information portion
18of the sample ballot.
The Legislature finds and declares that this bill furthers
20the purposes of the Political Reform Act of 1974 within the
21meaning of subdivision (a) of Section 81012 of the Government
22Code.
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