BILL ANALYSIS Ó
AB 609
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
609 (Cristina Garcia) - As Amended April 22, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill:
1)Allows a candidate for the State Senate or State Assembly to
AB 609
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file with the Secretary of State (SOS), along with their
nomination documents, a statement that, if elected, he or she
voluntarily agree to continue residing in their district
throughout their term of office.
2)Requires the SOS to designate in the state ballot pamphlet
those candidates who have filed the above statement.
FISCAL EFFECT:
1)Minor GF one-time cost (under $50,000) for the SOS to create
the residency statement and design the inclusion of candidates
in the ballot pamphlet.
2)Ongoing GF printing costs of $55,000 to add one page to the
ballot pamphlet listing the candidates who have filed the
residency statement.
COMMENTS:
1)Purpose. According to the author, "Current law requires a
candidate for the California Legislature to live within the
district they intend to represent. However, there is no
requirement that they must continue to reside there, once
elected. Voters have the right to know if the person they
elected intends on living amongst their constituents. AB 609
creates a designation for those who wish to voluntarily
declare that they will continue to reside within their
district."
2)Current Law. Article IV, Section 2 of the California
Constitution provides that a person is ineligible to be a
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member of the Legislature in part unless the person has been a
resident of the legislative district for one year and a
resident of California for three years immediately preceding
the election. The SOS has long held that these requirements
are unconstitutional, however, and as a result it is not
enforced. Moreover, existing law does not explicitly require
a Member of the Legislature to reside in his or her district
for the duration of his or her term of office.
Analysis Prepared by:Chuck Nicol / APPR. / (916) 319-2081