Amended in Assembly April 30, 2015

Amended in Assembly April 15, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1492

Introduced by Assembly Member Low

February 27, 2015

An act to amend Sections 5100, 5151, 18201, 18202, 18203, 18204, 18600, 18601, 18603, 18604, 18610, 18611, 18612, 18613, 18614, 18620, 18621, 18622, 18630, 18631, 18640, 18650, 18660, and 18661 of, and to add Section 338.5 to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1492, as amended, Low. Elections: in-lieu-filing-fee and political party qualification petitions: penal provisions.

Existing law authorizes a political party to qualify to participate in a primary election if specified requirements are met, including the filing with the Secretary of State of a petition signed by voters declaring that the voters represent a proposed party desiring to participate in that primary election.

This bill would define the term “political party qualification petition” for these purposes to mean a petition circulated to qualify a political party in accordance with existing procedures.

Existing law provides that a person committing specified acts relating to the circulation, subscription, or signature of an initiative, referendum, or recall petition is guilty of a misdemeanor or felony subject to a fine begin delete or end delete begin insert , end insert imprisonment begin insert , end insert or both that fine and imprisonment.

This bill would additionally provide that a person committing these specified acts in relation to the circulation, subscription, or signature of a political party qualification petition would be subject to the above penal provisions. By creating additional crimes, this bill would impose a state-mandated local program.

Existing law authorizes a candidate to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. Existing law also provides that a person who commits specified fraudulent or deliberate acts relating to the filing of a nomination paper or declaration of candidacy is guilty of a misdemeanor subject to a fine begin delete or end delete begin insert , end insert imprisonment begin insert , end insert or both that fine and imprisonment.

This bill would additionally provide that a person committing these specified acts in relation to the submission of an in-lieu-filing-fee petition would be subject to the penal provisions specified above. By creating additional crimes, this bill would impose a state-mandated local program. begin insert The bill would also make nonsubstantive changes to these provisions. end 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.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

Section 338.5 is added to the Elections Code, to
read:

338.5.  

“Political party qualification petition” means a petition
circulated to qualify a political party in accordance with Division
5 (commencing with Section 5000).

SEC. 2.  

Section 5100 of the Elections Code is amended to read:

5100.  

A party is qualified to participate in a primary election
under any of the following conditions:

(a) (1) At the last preceding gubernatorial primary election, the
sum of the votes cast for all of the candidates for an office voted
on throughout the state who disclosed a preference for that party
on the ballot was at least 2 percent of the entire vote of the state
for that office.

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2-percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the begin delete secretary end delete begin insert Secretary of State end insert in writing of that candidate’s
name by the seventh day begin delete prior to end delete begin insert before end insert the gubernatorial primary
election.

(b) On or before the 135th day before a primary election, it
appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their declared political
preference transmitted to him or her by the county elections
officials, that voters equal in number to at least 0.33 percent of the
total number of voters registered on the 154th day before the
primary election have declared their preference for that party.

(c) On or before the 135th day before a primary election, there
is filed with the Secretary of State a political party qualification
petition signed by voters, equal in number to at least 10 percent
of the entire vote of the state at the last preceding gubernatorial
election, declaring that the voters signing the petition support
qualification of a proposed party, the name of which shall be stated
in the petition, which proposed party those voters desire to have
participate in that primary election. begin delete This end delete begin insert The end insert petition shall be
circulated, signed begin insert , end insert and verified, and the signatures of the voters
on it shall be certified to and transmitted to the Secretary of State
by the county elections officials substantially as provided for
initiative petitions. Each page of the petition shall bear a caption
in 18-point boldface type, which caption shall be the name of the
proposed party followed by the words “Petition to participate in
the primary election.”

SEC. 3.  

Section 5151 of the Elections Code is amended to read:

5151.  

A party is qualified to participate in a presidential general
election under any of the following conditions:

(a) The party qualified to participate and participated in the
presidential primary election preceding the presidential general
election pursuant to Section 5100.

(b) (1) At the last preceding gubernatorial primary election, the
sum of the votes cast for all of the candidates for an office voted
on throughout the state who disclosed a preference for that party
on the ballot was at least 2 percent of the entire vote of the state
for that office.

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party preference
on the ballot counted toward the 2-percent qualification threshold.
If the party wishes to have votes for any candidate not counted in
support of its qualification under paragraph (1), the party shall
notify the begin delete secretary end delete begin insert Secretary of State end insert in writing of that candidate’s
name by the seventh day begin delete prior to end delete begin insert before end insert the gubernatorial primary
election.

(c) If begin insert , end insert on or before the 102nd day before a presidential general
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their declared
political preference transmitted to him or her by the county
elections officials, that voters equal in number to at least 0.33
percent of the total number of voters registered on the 123rd day
before the presidential general election have declared their
preference for that party.

(d) On or before the 135th day before a presidential general
election, there is filed with the Secretary of State a political party
qualification petition signed by voters, equal in number to at least
10 percent of the entire vote of the state at the last preceding
gubernatorial election, declaring that the voters signing the petition
support qualification of a proposed party, the name of which shall
be stated in the petition, which proposed party those voters desire
to have participate in that presidential general election. begin delete This end delete begin insert The end insert
petition shall be circulated, signed, and verified, and the signatures
of the voters on it shall be certified to and transmitted to the
Secretary of State by the county elections officials substantially
as provided for initiative petitions. Each page of the petition shall
bear a caption in 18-point boldface type, which caption shall be
the name of the proposed party followed by the words “Petition
to participate in the presidential general election.”

SEC. 4.  

Section 18201 of the Elections Code is amended to
read:

18201.  

begin delete Any end delete begin insert A end insert person who falsely makes or fraudulently defaces
or destroys all or any part of a nomination paper or an
in-lieu-filing-fee begin delete petition, end delete begin insert petition end insert is punishable by a fine not
exceeding one thousand dollars ($1,000) begin insert , end insert or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
16 months or two or three years begin insert , end insert or by both that fine and
imprisonment.

SEC. 5.  

Section 18202 of the Elections Code is amended to
read:

18202.  

begin delete Every end delete begin insert A end insert person begin insert who, end insert acting on behalf of a candidate begin delete is
guilty of a misdemeanor who end delete begin insert , end insert deliberately fails to file at the proper
time and in the proper place begin delete any end delete begin insert a end insert nomination paper,
in-lieu-filing-fee petition, or declaration of candidacy in his or her
possession that is entitled to be filed under this begin delete code. end delete begin insert code is guilty
of a misdemeanor. end insert

SEC. 6.  

Section 18203 of the Elections Code is amended to
read:

18203.  

begin delete Any end delete begin insert A end insert person who files or submits for filing a
nomination paper, in-lieu-filing-fee petition, or declaration of
candidacy knowing that it or any part of it has been made falsely
is punishable by a fine not exceeding one thousand dollars ($1,000) begin insert , end insert
or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for 16 months or two or three years begin insert , end insert or by both
that fine and imprisonment.

SEC. 7.  

Section 18204 of the Elections Code is amended to
read:

18204.  

begin delete Any end delete begin insert A end insert person who willfully suppresses all or any part
of a nomination paper, in-lieu-filing-fee petition, or declaration of
candidacy either before or after filing is punishable by a fine not
exceeding one thousand dollars ($1,000) begin insert , end insert or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
16 months or two or three years begin insert , end insert or by both that fine and
imprisonment.

SEC. 8.  

Section 18600 of the Elections Code is amended to
read:

18600.  

begin delete Every end delete begin insert A end insert person is guilty of a misdemeanor who:

(a) Circulating, as principal or agent, or having charge or control
of the circulation of, or obtaining signatures to, any state or local
initiative, referendum, recall, or political party qualification
petition, intentionally misrepresents or intentionally makes any
false statement concerning the contents, purport begin insert , end insert or effect of the
petition to any person who signs, or who desires to sign, or who
is requested to sign, or who makes inquiries with reference to it,
or to whom it is presented for his or her signature.

(b) Willfully and knowingly circulates, publishes, or exhibits
any false statement or misrepresentation concerning the contents,
purport begin insert , end insert or effect of any state or local initiative, referendum, recall,
or political party qualification petition for the purpose of obtaining
any signature to, or persuading or influencing any person to sign,
that petition.

(c) Circulating, as principal or agent, or having charge or control
of the circulation of, or obtaining signatures to, any state or local
initiative, or political party qualification petition intentionally
makes any false statement in response to any inquiry by any voter
as to whether he or she is a paid signature gatherer or a volunteer.

SEC. 9.  

Section 18601 of the Elections Code is amended to
read:

18601.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert A end insert person working for the proponent or
proponents of an initiative or referendum measure, recall petition,
or political party qualification petition who refuses to allow a
prospective signer to read the measure or petition is guilty of a
misdemeanor.

begin delete

An

end delete

begin insert (b) end insert begin insert   end insert begin insert An end insert arrest or conviction pursuant to this section shall not
invalidate or otherwise affect the validity of any signature obtained
by the person arrested or convicted.

SEC. 10.  

Section 18603 of the Elections Code is amended to
read:

18603.  

begin delete Every end delete begin insert A end insert person who offers or gives money or other
valuable consideration to another in exchange for his or her
signature on a state, county, municipal, or district initiative,
referendum, recall, or political party qualification petition is guilty
of a misdemeanor.

SEC. 11.  

Section 18604 of the Elections Code is amended to
read:

18604.  

Upon conviction of a violation of any provision of this
article, Article 2 (commencing with Section 18610), Article 3
(commencing with Section 18620), Article 5 (commencing with
Section 18640), Article 6 (commencing with Section 18650), or
Article 7 (commencing with Section 18660), the court may order
as a condition of probation that the convicted person be prohibited
from receiving money or other valuable consideration for gathering
signatures on an initiative, referendum, recall, or political party
qualification petition.

SEC. 12.  

Section 18610 of the Elections Code is amended to
read:

18610.  

begin delete Every end delete begin insert A end insert person who solicits begin delete any end delete begin insert a end insert circulator to affix
begin delete to any end delete begin insert a false or forged signature, or to cause or permit a false or
forged signature to be affixed, to an end insert initiative, referendum, recall,
or political party qualification petition begin delete any false or forged signature,
or to cause or permit a false or forged signature to be affixed, end delete is
guilty of a misdemeanor.

SEC. 13.  

Section 18611 of the Elections Code is amended to
read:

18611.  

begin delete Every end delete begin insert A end insert person begin insert who circulates or causes to be
circulated an initiative, referendum, recall, or political party
qualification petition knowing it to contain false, forged, or
fictitious names end insert is punishable by a fine not exceeding five thousand
dollars ($5,000), or by imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code for 16 months or two or three
years, or in a county jail not exceeding one year, or by both that
fine and begin delete imprisonment, who circulates or causes to be circulated
any initiative, referendum, recall, or political party qualification
petition, knowing it to contain false, forged, or fictitious names. end delete
begin insert imprisonment. end insert

SEC. 14.  

Section 18612 of the Elections Code is amended to
read:

18612.  

begin delete Every end delete begin insert A end insert person begin delete is guilty of a misdemeanor end delete who
knowingly signs his or her own name more than once to begin delete any end delete begin insert an end insert
initiative, referendum, recall, or political party qualification
petition, or signs his or her name to that petition knowing begin delete himself
or herself end delete at the time of signing begin insert that he or she is end insert not begin delete to be end delete qualified
to sign begin delete it. end delete begin insert it, is guilty of a misdemeanor. end insert

SEC. 15.  

Section 18613 of the Elections Code is amended to
read:

18613.  

begin delete Every end delete begin insert A end insert person who subscribes to begin delete any end delete begin insert an end insert initiative,
referendum, recall, or political party qualification petition a
fictitious name, or who subscribes begin delete thereto end delete begin insert to the petition end insert the name
of another, or who causes another to subscribe such a name to that
petition, is guilty of a felony and is punishable by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
two, three, or four years.

SEC. 16.  

Section 18614 of the Elections Code is amended to
read:

18614.  

begin delete Every end delete begin insert A end insert person begin insert who files in the office of the elections
official or other officer designated by law to receive the filing, an
initiative, referendum, recall, or political party qualification
petition to which is attached, appended, or subscribed any
signature that the person filing the petition or measure knows to
be false or fraudulent, or not the genuine signature of the person
whose name it purports to be, end insert is punishable by a fine not exceeding
five thousand dollars ($5,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year,
or by both that fine and begin delete imprisonment, who files in the office of
the elections official or other officer designated by law to receive
the filing, any initiative, referendum, recall, or political party
qualification petition to which is attached, appended, or subscribed
any signature which the person filing the petition or measure knows
to be false or fraudulent or not the genuine signature of the person
whose name it purports to be. end delete begin insert imprisonment. end insert

SEC. 17.  

Section 18620 of the Elections Code is amended to
read:

18620.  

begin delete Every end delete begin insert A end insert person who seeks, solicits, bargains for, or
obtains any money, thing of value, or advantage of or from any
person, firm, or corporation for the purpose or represented purpose
of fraudulently inducing, persuading, or seeking the proponent or
proponents of begin delete any end delete begin insert an end insert initiative or referendum measure, recall
petition, or political party qualification petition to (a) abandon the
measure or petition, (b) fail, neglect, or refuse to file in the office
of the elections official or other officer designated by law, within
the time required by law, the initiative or referendum measure,
recall petition, or political party qualification petition after securing
the number of signatures required to qualify the measure or
petition, (c) stop the circulation of the initiative or referendum
measure, recall petition, or political party qualification petition,
or (d) perform any act that will prevent or aid in preventing the
initiative or referendum measure, recall petition, or political party
qualification petition from qualifying as an initiative or referendum
measure, or the recall petition from resulting in a recall election,
or political party qualification petition from qualifying a party is
punishable by a fine not exceeding five thousand dollars ($5,000),
or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.

SEC. 18.  

Section 18621 of the Elections Code is amended to
read:

18621.  

begin delete Any end delete begin insert A end insert proponent of an initiative or referendum measure,
recall petition, or political party qualification petition who seeks,
solicits, bargains for, or obtains any money or thing of value of or
from any person, firm, or corporation for the purpose of abandoning
the same or stopping the circulation of petitions concerning the
same, or failing or neglecting or refusing to file the measure or
petition in the office of the elections official or other officer
designated by law within the time required by law after obtaining
the number of signatures required under the law to qualify the
measure or petition, or begin insert withdrawing an initiative petition after
filing it with the appropriate elections official, or end insert performing any
act that will prevent or aid in preventing the initiative, referendum,
recall, or political party proposed from qualifying as an initiative
or referendum measure, resulting in a recall election, or qualifying
as a political party by a political party qualification petition is
punishable by a fine not exceeding five thousand dollars ($5,000) begin insert , end insert
or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.

SEC. 19.  

Section 18622 of the Elections Code is amended to
read:

18622.  

begin delete Every end delete begin insert A end insert person who offers to buy or does buy from a
circulator any referendum, initiative, recall, or political party
qualification petition on which one or more persons have affixed
their signatures is guilty of a misdemeanor punishable by
imprisonment in the county jail begin delete for not more than end delete begin insert not exceeding end insert
one year, or by a fine not exceeding one thousand dollars ($1,000),
or begin delete both. end delete begin insert by both that fine and imprisonment. end insert This section begin delete is not
intended to end delete begin insert does not end insert prohibit begin delete compensation of a circulator, end delete begin insert a
proponent of the petition, or his or her agent, from compensating
a circulator end insert for his or her begin delete services, by a proponent of the petition
or his or her agent. end delete begin insert services. end insert

SEC. 20.  

Section 18630 of the Elections Code is amended to
read:

18630.  

begin delete Every end delete begin insert A end insert person who threatens to commit an assault or
battery on a person circulating a referendum, initiative, recall, or
political party qualification petition begin insert , end insert or on a relative of a person
circulating a referendum, initiative, recall, or political party
qualification petition begin insert , end insert or to inflict damage on the property of the
circulator or the begin delete relative, end delete begin insert relative end insert with the intent to dissuade the
circulator from circulating the petition or in retribution for the
circulation, is guilty of a misdemeanor.

SEC. 21.  

Section 18631 of the Elections Code is amended to
read:

18631.  

begin delete Every end delete begin insert A end insert person who forcibly or by stealth takes from
the possession of a circulator begin delete any end delete begin insert an end insert initiative, referendum, recall,
or political party qualification petition on which one or more
persons have affixed their signatures is guilty of a misdemeanor.

SEC. 22.  

Section 18640 of the Elections Code is amended to
read:

18640.  

begin delete Any end delete begin insert A end insert person working for the proponent or proponents
of an initiative or referendum measure, or a recall or political party
qualification petition, who solicits signatures to qualify the measure
or petition begin delete and end delete begin insert , end insert accepts begin delete any end delete payment therefor begin insert , end insert and begin delete who end delete fails to
surrender the measure or petition to the proponents begin delete thereof end delete begin insert of the
measure or petition end insert for filing is punishable by a fine not exceeding
five thousand dollars ($5,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year,
or by both that fine and imprisonment.

SEC. 23.  

Section 18650 of the Elections Code is amended to
read:

18650.  

begin delete No one end delete begin insert A person end insert shall begin insert not end insert knowingly or willfully permit
the list of signatures on an initiative, referendum, recall, or political
party qualification petition to be used for any purpose other than
qualification of the initiative or referendum measure or recall
question for the ballot or political party, except as provided in
Section 6253.5 of the Government Code. Violation of this section
is a misdemeanor.

SEC. 24.  

Section 18660 of the Elections Code is amended to
read:

18660.  

begin delete Every end delete begin insert A end insert person begin insert who makes a false affidavit concerning
an initiative, referendum, recall, or political party qualification
petition, or the signatures appended to the petition, end insert is punishable
by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or in a county jail
not exceeding one year, or by both that fine and begin delete imprisonment,
who makes any false affidavit concerning any initiative,
referendum, recall, or political party qualification petition or the
signatures appended thereto. end delete begin insert imprisonment. end insert

SEC. 25.  

Section 18661 of the Elections Code is amended to
read:

18661.  

begin delete Every end delete begin insert A end insert public official or employee begin insert who knowingly
makes a false return, certification, or affidavit concerning an
initiative, referendum, recall, or political party qualification
petition, or the signatures appended to the petition, end insert is punishable
by a fine not exceeding five thousand dollars ($5,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or in a county jail
not exceeding one year, or by both that fine and begin delete imprisonment,
who knowingly makes any false return, certification or affidavit
concerning any initiative, referendum, recall, or political party
qualification petition or the signatures appended thereto. end delete
begin insert imprisonment. end insert

SEC. 26.  

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.