Amended in Senate May 25, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2010

Introduced by Assembly Member Ridley-Thomas

February 16, 2016

An act to amend Sections begin delete 13307 end delete begin insert 13307, 13308, end insert and 13312 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2010, as amended, Ridley-Thomas. begin delete Samples ballots and voter pamphlets. end delete begin insert Voter’s pamphlet: electronic candidate statement. end insert

Existing law permits a candidate for a nonpartisan elective office in any local agency, which includes any city, county, city and county, or district, to prepare a written statement, pursuant to specified guidelines, to be included in a voter’s pamphlet that is mailed to each voter. Existing law requires each voter’s pamphlet to contain a notice in the heading of the first page of that pamphlet begin insert in heavy-faced gothic type end insert that, among other things, each candidate’s statement in the pamphlet is volunteered by the candidate. Existing law requires an elections official to provide a Spanish translation to those candidates who wish to have one.

Existing law authorizes a county or city elections official to establish procedures designed to permit a voter to opt out of receiving his or her voter’s pamphlet and other related materials by mail, and instead obtain them electronically via email or by accessing them on the county’s or city’s Internet Web site, provided specified conditions are met.

This bill would authorize the governing body of a local agency to permit a candidate for nonpartisan elective office in the local agency to prepare a written statement for electronic begin delete distribution. end delete begin insert distribution if the elections official who is conducting the election permits electronic distribution of a candidate’s statement. end insert This bill would require the statement to be posted on the Internet Web site of the elections official, permit the statement to be included in a voter’s pamphlet that is electronically distributed, and prohibit the statement from being included in a voter’s pamphlet that is printed and mailed to voters. This bill would require the elections official to provide a Spanish translation to those candidates who wish to have one. This bill would require the notice in the heading of the first page of the voter’s pamphlet, in certain circumstances, to specify that additional statements are available on the Internet Web site of the elections begin delete official. end delete begin insert official end insert begin insert , and would delete the requirement that the notice appear in heavy-faced gothic type. end insert

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

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

SECTION 1.  

Section 13307 of the Elections Code is amended
to read:

13307.  

(a) (1) Each candidate for nonpartisan elective office
in any local agency, including any city, county, city and county,
or district, may prepare a candidate’s statement on an appropriate
form provided by the elections official. The statement may include
the name, age, and occupation of the candidate and a brief
description, of no more than 200 words, of the candidate’s
education and qualifications expressed by the candidate himself
or herself. However, the governing body of the local agency may
authorize an increase in the limitations on words for the statement
from 200 to 400 words. The statement shall not include the party
affiliation of the candidate, nor membership or activity in partisan
political organizations.

(2) The statement authorized by this subdivision shall be filed
in the office of the elections official when the candidate’s
nomination papers are returned for filing, if it is for a primary
election, or for an election for offices for which there is no primary.
The statement shall be filed in the office of the elections official
no later than the 88th day before the election, if it is for an election
for which nomination papers are not required to be filed. If a runoff
election or general election occurs within 88 days of the primary
or first election, the statement shall be filed with the elections
official by the third day following the governing body’s declaration
of the results from the primary or first election.

(3) Except as provided in Section 13309, the statement may be
withdrawn, but not changed, during the period for filing nomination
papers and until 5 p.m. of the next working day after the close of
the nomination period.

(b) (1) The elections official shall send to each voter, together
with the sample ballot, a voter’s pamphlet that contains the written
statements of each candidate that is prepared pursuant to
subdivision (a). The statement of each candidate shall be printed
in type of uniform size and darkness, and with uniform spacing.

(2) The elections official shall provide a Spanish translation to
those candidates who wish to have one, and shall select a person
to provide that translation who is one of the following:

(A) A certified and registered interpreter on the Judicial Council
Master List.

(B) An interpreter categorized as “certified” or “professionally
qualified” by the Administrative Office of the United States Courts.

(C) From an institution accredited by a regional or national
accrediting agency recognized by the United States Secretary of
Education.

(D) A current voting member in good standing of the American
Translators Association.

(E) A current member in good standing of the American
Association of Language Specialists.

(c) (1) In addition to the statement prepared pursuant to
subdivision (a), begin insert if the elections official who is conducting the
election permits electronic distribution of a candidate’s statement, end insert
the governing body of a local agency may permit each candidate
for nonpartisan elective office in the local agency to prepare a
candidate's statement for the purpose of electronic distribution
pursuant to this subdivision.

(2) A statement prepared pursuant to this subdivision shall be
posted on the Internet Web site of the elections official, and may
be included in a voter's pamphlet that is electronically distributed
by the elections official pursuant to Section 13300.7, but shall not
be included in a voter's pamphlet that is printed and mailed to
voters pursuant to subdivision (b).

(3) A statement that is printed in the voter's pamphlet and mailed
to voters pursuant to subdivision (b) shall be included with the
statement that is prepared and electronically distributed pursuant
to this subdivision.

(4) A statement that is prepared and electronically distributed
pursuant to this subdivision shall be displayed in type of uniform
size and darkness, and with uniform spacing.

(5) The elections official shall provide a Spanish translation to
those candidates who wish to have one, and shall select a person
to provide that translation who is one of the persons listed in
paragraph (2) of subdivision (b).

(d) The local agency may estimate the total cost of printing,
handling, translating, mailing, and electronically distributing a
candidate’s statements filed pursuant to this section, including
costs incurred as a result of complying with the federal Voting
Rights Act of 1965, as amended. The local agency may require
each candidate filing a statement to pay in advance to the local
agency his or her estimated pro rata share as a condition of having
his or her statement included in the voter’s pamphlet or
electronically distributed. In the event the estimated payment is
required, the receipt for the payment shall include a written notice
that the estimate is just an approximation of the actual cost that
varies from one election to another election and may be
significantly more or less than the estimate, depending on the actual
number of candidates filing statements. Accordingly, the local
agency is not bound by the estimate and may, on a pro rata basis,
bill the candidate for additional actual expense or refund any excess
paid depending on the final actual cost. In the event of
underpayment, the local agency may require the candidate to pay
the balance of the cost incurred. In the event of overpayment, the
local agency that, or the elections official who, collected the
estimated cost shall prorate the excess amount among the
candidates and refund the excess amount paid within 30 days of
the election.

(e) Nothing in this section shall be deemed to make any
statement, or the authors thereof, free or exempt from any civil or
criminal action or penalty because of any false, slanderous, or
libelous statements offered for printing or electronic distribution
pursuant to this section, or contained in the voter’s pamphlet.

(f) Before the nominating period opens, the local agency for
that election shall determine whether a charge shall be levied
against that candidate for the candidate’s statement sent to each
voter and, if authorized pursuant to subdivision (c), for the
electronically distributed candidate’s statement. This decision shall
not be revoked or modified after the seventh day prior to the
opening of the nominating period. A written statement of the
regulations with respect to charges for handling, packaging,
mailing, and electronic distribution shall be provided to each
candidate, or his or her representative, at the time he or she picks
up the nomination papers.

(g) For purposes of this section and Section 13310, the board
of supervisors shall be deemed the governing body of judicial
elections.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 13308 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

13308.  

In addition to the restrictions set forth in Section 13307,
any candidate’s statement submitted pursuant to Section 13307
shall be limited to a recitation of the candidate’s own personal
background and qualifications, and shall not in any way make
reference to other candidates for that office or to another
candidate’s qualifications, character, or activities. The elections
official shall not cause to be begin delete printed end delete begin insert printed, posted on an Internet
Web site, end insert or circulated any statement that the elections official
determines is not so limited or that includes any reference
prohibited by this section.

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 13312 of the Elections Code is amended to
read:

13312.  

(a) Each voter’s pamphlet prepared pursuant to
subdivision (b) of Section 13307 shall contain a notice in the
heading of the first begin delete page in heavy-faced gothic type, end delete begin insert page, end insert not
smaller than begin delete 10-point end delete begin insert 10-point type end insert , that specifies both of the
following:

(1) That the pamphlet does not contain a complete list of
candidates and that a complete list of candidates appears on the
sample ballot (if any candidate is not listed in the pamphlet).

(2) That each candidate’s statement in the pamphlet is
volunteered by the candidate and (if printed at the candidate’s
expense) is printed at his or her expense.

(b) If a local agency has authorized each candidate for
nonpartisan elective office to prepare a candidate’s statement for
the purpose of electronic distribution pursuant to subdivision (c)
of Section 13307, and if a candidate has submitted a statement for
that purpose, the notice required by subdivision (a) shall specify
that additional statements are available on the Internet Web site
of the elections official and shall include the Internet Web site
address at which the statements may be viewed.