BILL NUMBER: AB 2088	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 26, 2010

INTRODUCED BY   Assembly Member Adams

                        FEBRUARY 18, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2088, as amended, 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.  
   This bill would provide that 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 greater. 
   (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
 , or no 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.  The bill would delete the
requirement that a person appointed to fill the vacancy holds office
only until a successor is selected and instead would prohibit a
person who was subject to a recall petition from being appointed to
fill the vacancy in the office that he or she vacated or to fill any
other vacancy in office on the same governing board for the duration
of the term of office of the vacated seat. 
   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. 
   SECTION 1.    Section 11105 of th   e 
 Elections Code   is amended to read: 
   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 
 greater  . 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.  (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.
   (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  , or no 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. 
   (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 11381), and the successor
qualifies for that office.  
   (4) A person who was subject to a recall petition may not be
appointed to fill the vacancy in the office that he or she vacated
and that person may not be appointed to fill any other vacancy in
office on the same governing board for the duration of the term of
office of the seat that he or she vacated.