BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1492


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          Date of Hearing:  May 13, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          AB  
          1492 (Low) - As Amended April 30, 2015


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          |             |Elections and Redistricting    |     |7 - 0        |
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          Urgency:  No  State Mandated Local Program:  YesReimbursable:   
          No


          SUMMARY:


          This bill provides that a person found guilty of fraud, within  
          the context of circulating or filing an in-lieu-filing fee  
          petition or a political party qualification petition, is subject  








                                                                    AB 1492


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          to the same penalties as a person found guilty of other means of  
          petition fraud.  


          FISCAL EFFECT:


          Nonreimbursable costs to local governments for enforcement,  
          offset to some extent by fine revenues. (Consistent with current  
          law governing petition fraud, violations are generally  
          punishable by a fine not exceeding $5,000 and/or by imprisonment  
          for 16 months, two or three years. It is expected that any  
          convictions generally would not result in imprisonment.)


          COMMENTS:


          1)Purpose. According to the author, " 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."



          2)Background. Candidates for state and federal offices, when  
            filing their declarations of candidacy with the SOS, are  
            required to pay a filing fee, which varies based on the  
            specific state or federal office. In lieu of paying the fee,  
            candidates may submit a petition containing signatures of  
            registered voters, with the number of required signature again  
            depending on the specific office.









                                                                    AB 1492


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          3)Prior Legislation. This bill is substantially similar to SB  
            1043 (Torres) of 2014, which was never brought up for a vote  
            on the Assembly Floor.



          Analysis Prepared by:Chuck Nicol / APPR. / (916)  
          319-2081