BILL ANALYSIS Ó
AB 1492
Page 1
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 1492
(Low) - As Amended April 15, 2015
SUBJECT: Elections: in-lieu-filing-fee and political party
qualification petitions: penal provisions.
SUMMARY: Provides that a person who is found guilty of fraud
related to the circulating or filing of an in-lieu-filing-fee
petition or political party qualification petition is subject to
the same penalties as a person found guilty of other forms of
petition fraud. Specifically, this bill:
1)Defines "political party qualification petition," for the
purposes of this bill, as a petition circulated to qualify a
political party, as specified.
2)Provides that laws prohibiting specified misconduct in
connection with the circulation and filing of nomination
papers and declarations of candidacy also apply to the
circulation and filing of in-lieu-filing-fee petitions,
subject to the same penalties that are applicable to
violations related to nomination papers and declarations of
candidacy.
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3)Provides that laws prohibiting specified misconduct in
connection with the circulation and filing of initiative,
referendum, and recall petitions also apply to the circulation
and filing of political party qualification petitions, subject
to the same penalties that are applicable to violations
related to initiative, referendum, and recall petitions.
4)Makes technical and corresponding changes.
EXISTING LAW:
1)Makes it a crime, subject to various penalties, to engage in
specified misconduct in connection with nomination documents,
including all of the following:
a) Defacing or destroying nomination papers, as specified;
b) Knowingly filing false nomination documents, as
specified;
c) Willfully suppressing nomination documents, as
specified; and,
d) Failing to file nomination documents on behalf of a
candidate at the proper time and place, as specified.
2)Makes it a crime, subject to various penalties, to engage in
specified misconduct in connection with initiative,
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referendum, and/or recall petitions, including all of the
following:
a) Knowingly circulating a petition containing false,
forged, or fictitious names, as specified;
b) Knowingly filing false or fraudulent signatures on a
petition with the elections official, as specified;
c) Subscribing false or fictitious signatures to a
petition, or causing others to do so, as specified;
d) Intentionally misrepresenting the contents or effect of
a petition while circulating that petition, as specified;
e) Willfully and knowingly circulating false statements
concerning a petition for the purpose of obtaining a
signature on that petition, as specified;
f) Intentionally making any false statement in response to
an inquiry by a voter, while circulating an initiative
petition, about whether the person is a paid signature
gatherer or a volunteer, as specified;
g) Refusing to allow a prospective signer to read a
petition or measure while working for the proponents of the
measure, as specified;
h) Offering or giving money or other valuable consideration
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in exchange for a signature on a petition, as specified;
i) Soliciting or causing false or forged signatures to be
affixed on a petition, as specified;
j) Knowingly signing a petition more than once, or signing
a petition while knowing that the person is not qualified
to sign that petition, as specified;
aa) Paying or offering things of value to the proponents of
a petition to prevent that measure from qualifying or
appearing on the ballot, as specified;
bb) While the proponent of a measure, receiving money or
things of value in exchange for preventing that measure
from qualifying or appearing on the ballot, as specified;
cc) Buying a petition containing one or more signatures from
a circulator, as specified;
dd) Threatening to commit assault or battery on a person
circulating a petition, or a relative of such a person, as
specified;
ee) Forcibly taking a petition containing one or more
signatures from a circulator, as specified;
ff) While working for the proponents of a measure by
soliciting signatures on a petition, failing to surrender
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the measure or petition to the proponents, as specified;
gg) Knowingly or willfully permitting the list of signatures
on a petition to be used for a purpose other than
qualification of the measure for the ballot, as specified;
hh) Making any false affidavit concerning a petition or the
signatures appended thereto, as specified; and,
ii) As a public official or employee, knowingly making any
false return, certification, or affidavit concerning a
petition or the signatures appended thereto.
3)Allows a court, upon conviction of a violation of specified
provisions of law that prohibit certain conduct with respect
to initiative, referendum, and recall petitions, to 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, or recall
petition.
4)Provides that a candidate who is running for an office for
which there is a filing fee may submit a petition containing
signatures of registered voters in lieu of paying the filing
fee.
5)Provides, among other methods of qualification, that a
political party is qualified to participate in a primary
election or presidential general election if a petition for
that party's qualification is filed with the Secretary of
State and is signed by a number of voters equaling at least 10
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percent of the entire vote of the state at the last preceding
gubernatorial election, as specified.
FISCAL EFFECT: Unknown. State-mandated local program; contains
a crimes and infractions disclaimer.
COMMENTS:
1)Purpose of the Bill: According to the author:
This bill creates the same penalties that apply to
people who are found guilty of committing fraud
involving "in-lieu-filing fee petitions" and
"political party qualification petitions", as the
people who are found guilty of committing fraud on
other forms of petitions.
Currently, the Secretary of State does the
investigations into people who commit fraud involving
nomination papers, declarations of candidacy,
initiatives, referenda, and recall petitions and the
only two petitions that are not specifically included
in the statute are in-lieu filing fee petitions and
political party petitions. By including the two
additional petitions this would provide clarity by
allowing the state to punish people whom commit fraud
involving in-lieu filing fee petitions and political
party petitions.
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2)Petitions and Nomination Papers: As detailed above, existing
law contains a number of prohibitions against misconduct in
connection with the circulation and filing of nomination
papers, declarations of candidacy, and initiative, referendum,
and recall petitions. Those laws, however, do not explicitly
apply to other related petitions-specifically political party
qualification petitions and in-lieu-filing-fee petitions.
This bill would broaden those laws prohibiting misconduct in
connection with the circulation and filing of election
documents such that the laws that currently prohibit
misconduct in connection with nomination documents also apply
to in-lieu-filing-fee petitions, and so that laws that
prohibit misconduct in connection with initiative, referendum,
and recall petitions also apply to political party
qualification petitions.
3)Technical Amendment: Due to a drafting error, this bill needs
a technical amendment to restore language that was
inadvertently deleted by the current version of the bill. To
correct that drafting error, committee staff recommends the
following technical amendment:
On page 9, line 16, after the second "or" insert:
withdrawing an initiative petition after filing it with the
appropriate elections official, or
4)Previous Legislation: This bill is substantially similar to
SB 1043 (Torres) of 2014. SB 1043 was approved by the Senate
on a 36-0 vote, and was approved by this committee on a 6-0
vote, but was never brought up for a vote on the Assembly
Floor.
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REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
Opposition
None on file.
Analysis Prepared by:Ethan Jones / E. & R. / (916) 319-2094