BILL NUMBER: AB 2088	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 18, 2010

   An act to amend Section 11302 of, and to repeal Section 11105 of,
the Elections Code, relating to recall elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2088, as introduced, Adams. Recall elections.
   (1) Existing provisions of the California Constitution and statute
authorize the recall of state officers. Each section of a recall
petition is required to be filed with the elections official of the
county for which it was circulated. Existing law requires the
elections official to report to the Secretary of State, 30 days after
a recall has been initiated and every 30 days thereafter, the number
of signatures submitted on the recall petition sections, the number
of valid signatures, and related information. Upon the submission of
a section of a recall petition, if fewer than 500 signatures are
submitted to the elections official, the elections official is
required to count the number of signatures and submit those results
to the Secretary of State. If 500 or more signatures are submitted to
the elections official, the elections official may verify, using a
random sampling technique, either 3% of the signatures submitted or
500 signatures, whichever is less, and report the results of that
verification to the Secretary of State.
   This bill would repeal the provision that requires the elections
official to count the number of signatures if there are fewer than
500 signatures.
   (2) Under existing law, if a vacancy occurs in office after a
recall petition is filed against the vacating officer, the recall
elections is required to proceed. The vacancy in that office is
required to be filled as provided by law, but a person appointed to
fill the vacancy holds office only until a successor is selected and
qualifies for that office.
   This bill would provide that upon the occurrence of a vacancy, the
elections official for each county in which a section of the recall
petition has been filed is required to immediately verify the
signatures on the petition submitted to the elections official as of
the date of the vacancy. If the elections official verifies that a
sufficient number of signatures were filed as of the date of the
vacancy, the recall election would be required to proceed. If the
elections official verifies that an insufficient number of signatures
were filed as of the date of the vacancy, the recall election would
not proceed and the vacancy in the office that is the subject of the
recall election would be filled as otherwise provided by law.
   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 11105 of the Elections Code is repealed.

   11105.  Upon each submission, if fewer than 500 signatures are
submitted to the elections official, he or she shall count the number
of signatures and submit those results to the Secretary of State. If
500 or more signatures are submitted, the elections official may
verify, using a random sampling technique, either 3 percent of the
signatures submitted, or 500, whichever is less. The random sample of
signatures to be verified shall be drawn in such a manner that every
signature filed with the elections official shall be given an equal
opportunity to be included in the sample. Upon completion of the
signature verification, the elections official shall report the
results to the Secretary of State pursuant to Section 11104.

  SEC. 2.  Section 11302 of the Elections Code is amended to read:
   11302.   If   (a)    
Except as described in paragraph (3) of subdivision (b), if  a
vacancy occurs in an office after a recall petition is filed against
the vacating officer, the recall election shall nevertheless proceed.
 The vacancy  
   (b) (1) Upon the occurrence of the vacancy, the elections official
for each county in which a section of the recall petition has been
filed shall immediately verify the signatures on the petition
submitted to the elections official as of the date of the vacancy.
 
   (2) If the elections official verifies that a sufficient number of
signatures were filed as of the date of the vacancy, the recall
election shall proceed. 
    (3)     If the elections official verifies
that an insufficient number of signatures were filed as of the date
of the vacancy, the recall election shall not proceed and a vacancy
in the office that is the subject of the recall election  shall
be filled as  otherwise  provided by law  , but any
  . 
    (c)     Any  person appointed to fill
the vacancy  under this section  shall hold office only
until a successor is selected in accordance with Article 4
(commencing with Section  11360) or Article 5 (commencing
with Section 11380)   11381)  , and the successor
qualifies for that office.