BILL NUMBER: AB 1492 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 30, 2015
AMENDED IN ASSEMBLY APRIL 15, 2015
AMENDED IN ASSEMBLY MARCH 26, 2015
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 or ,
imprisonment , 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 or ,
imprisonment , 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. The bill would also make
nonsubstantive changes to these provisions.
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 secretary Secretary of State
in writing of that candidate's name by the seventh day prior
to before 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. This
The 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 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 secretary Secretary of State
in writing of that candidate's name by the seventh day
prior to before the gubernatorial primary
election.
(c) If , 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. This The 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. Any A person who falsely
makes or fraudulently defaces or destroys all or any part of a
nomination paper or an in-lieu-filing-fee petition,
petition is punishable by a fine not exceeding
one thousand dollars ($1,000) , or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for 16
months or two or three years , or by both that fine and
imprisonment.
SEC. 5. Section 18202 of the Elections Code is amended to read:
18202. Every A person who,
acting on behalf of a candidate is guilty of a
misdemeanor who , deliberately fails to file at
the proper time and in the proper place any a
nomination paper, in-lieu-filing-fee petition, or declaration
of candidacy in his or her possession that is entitled to be filed
under this code. code is guilty of a
misdemeanor.
SEC. 6. Section 18203 of the Elections Code is amended to read:
18203. Any A 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) , or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months or
two or three years , or by both that fine and
imprisonment.
SEC. 7. Section 18204 of the Elections Code is amended to read:
18204. Any A 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)
, or by imprisonment pursuant to subdivision (h) of
Section 1170 of the Penal Code for 16 months or two or three years
, or by both that fine and imprisonment.
SEC. 8. Section 18600 of the Elections Code is amended to read:
18600. Every A 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 ,
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 , 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. Any (a) A
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.
An
(b) An 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. Every A 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. Every A person who solicits
any a circulator to affix to
any a false or forged signature, or to cause or permit
a false or forged signature to be affixed, to an initiative,
referendum, recall, or political party qualification petition
any false or forged signature, or to cause or permit a false
or forged signature to be affixed, is guilty of a
misdemeanor.
SEC. 13. Section 18611 of the Elections Code is amended to read:
18611. Every A person 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 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, 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. imprisonment.
SEC. 14. Section 18612 of the Elections Code is amended to read:
18612. Every A person is
guilty of a misdemeanor who knowingly signs his or her own
name more than once to any an
initiative, referendum, recall, or political party qualification
petition, or signs his or her name to that petition knowing
himself or herself at the time of signing that he or
she is not to be qualified to sign
it. it, is guilty of a misdemeanor.
SEC. 15. Section 18613 of the Elections Code is amended to read:
18613. Every A person who
subscribes to any an initiative,
referendum, recall, or political party qualification petition a
fictitious name, or who subscribes thereto to
the petition 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. Every A person 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,
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, 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. imprisonment.
SEC. 17. Section 18620 of the Elections Code is amended to read:
18620. Every A 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 any an
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. Any A 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
withdrawing an initiative petition after filing it with the
appropriate elections official, or 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)
, 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. Every A 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 for not more
than not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or both.
by both that fine and imprisonment. This section
is not intended to does not prohibit
compensation of a circulator, a proponent of the
petition, or his or her agent, from compensating a circulator
for his or her services, by a proponent of the petition or
his or her agent. services.
SEC. 20. Section 18630 of the Elections Code is amended to read:
18630. Every A person who threatens
to commit an assault or battery on a person circulating a
referendum, initiative, recall, or political party qualification
petition , or on a relative of a person circulating a
referendum, initiative, recall, or political party qualification
petition , or to inflict damage on the property of the
circulator or the relative, relative
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. Every A person who forcibly
or by stealth takes from the possession of a circulator any
an 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. Any A 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 and
, accepts any payment therefor ,
and who fails to surrender the measure or
petition to the proponents thereof of the
measure or petition 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. No one A person shall
not 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. Every A person who
makes a false affidavit concerning an initiative, referendum, recall,
or political party qualification petition, or the signatures
appended to the petition, 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, who makes any false
affidavit concerning any initiative, referendum, recall, or political
party qualification petition or the signatures appended thereto.
imprisonment.
SEC. 25. Section 18661 of the Elections Code is amended to read:
18661. Every A public official or
employee 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, 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, who knowingly makes any false return,
certification or affidavit concerning any initiative, referendum,
recall, or political party qualification petition or the signatures
appended thereto. imprisonment.
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.