Amended in Assembly March 23, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 800


Introduced by Assembly Member Gomez

February 26, 2015


begin deleteAn act to amend Section 304 of the Elections Code, relating to elections. end deletebegin insertAn act to amend Section 3010 of the Elections Code, relating to elections.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 800, as amended, Gomez. begin deleteCampaign advertising or communications. end deletebegin insertElections: vote by mail ballots.end insert

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Existing law sets forth the procedures by which a voter may apply for and receive a vote by mail ballot. Existing law requires an elections official to deliver to each qualified applicant the vote by mail ballot for the precinct in which the applicant resides and all supplies necessary for the use and return of the ballot.

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begin insert

This bill would require the elections official to also deliver to each qualified applicant a return envelope with postage prepaid in which a vote by mail voter may return his or her ballot if the ballot is to be mailed within the territorial limits of the United States or the District of Columbia. By imposing additional duties on local elections officials, this bill would impose a state-mandated local program.

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begin insert

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.

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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.

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The Elections Code defines “campaign advertising or communication” to mean a communication authorized by a candidate or specified committee for the purpose of advocating the election or defeat of a qualified candidate or ballot measure through any broadcasting station, newspaper, magazine, outdoor advertising facility, direct mailing, or any other type of general, public, political advertising. The Elections Code makes specified provisions of the Civil Code, relating to libel and slander, fully applicable to any campaign advertising or communication, as defined.

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This bill would specify that “campaign advertising or communication” includes a communication authorized by a candidate or specified committee for the purpose of advocating the election or defeat of a qualified candidate or ballot measure through Internet advertising.

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

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 3010 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert

3

3010.  

begin insert(a)end insertbegin insertend insert The elections official shall deliverbegin insert the followingend insert to
4each qualified applicant:

begin delete

5(a)

end delete

6begin insert(1)end insert The ballot for the precinct in which he or she resides. In
7primarybegin delete electionsend deletebegin insert elections,end insert this shall also be accompanied by the
8ballot for the central committee of the party with which the voter
9is affiliated, if any.

begin delete

10(b)

end delete

11begin insert(2)end insert All supplies necessary for the use and return of thebegin delete ballot.end delete
12begin insert ballot, including a return envelope with postage prepaid if the
13ballot is to be mailed within the territorial limits of the United
14States or the District of Columbia.end insert

begin delete

15No

end delete

16begin insert(b)end insertbegin insertend insertbegin insertAnend insert officer of this statebegin delete mayend deletebegin insert shall notend insert make any charge for
17services rendered tobegin delete anyend deletebegin insert aend insert voter under this chapter.

18begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
P3    1pursuant to Part 7 (commencing with Section 17500) of Division
24 of Title 2 of the Government Code.

end insert
begin delete
3

SECTION 1.  

Section 304 of the Elections Code is amended to
4read:

5

304.  

“Campaign advertising or communication” means a
6communication authorized by a candidate or a candidate’s
7controlled committee, as defined in Section 82016 of the
8Government Code, or by a committee making independent
9expenditures, as defined in Section 82031 of the Government Code,
10or by a committee formed primarily to support or oppose a ballot
11measure, as defined in Section 82047.5 of the Government Code,
12for the purpose of advocating the election or defeat of a qualified
13candidate or ballot measure through any broadcasting station,
14newspaper, magazine, outdoor advertising facility, direct mailing,
15Internet advertising, or any other type of general, public, political
16 advertising.

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