BILL NUMBER: AB 1626	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 9, 2012
	PASSED THE ASSEMBLY  MAY 10, 2012

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 9, 2012

   An act to amend Sections 9380 and 9509 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1626, Yamada. Election materials: public examination: writ of
mandate: elections official.
   Existing law requires the elections official administering a
county, municipal, district, or school district election to make a
copy of certain election materials available for public examination
in his or her office for a period of 10 calendar days immediately
following the filing deadline for submission of those documents. It
permits any voter of the jurisdiction in which the election is being
held, during that 10-calendar-day public examination period, to seek
a writ of mandate or an injunction requiring the amendment or
deletion of any or all of the materials. In the case of county and
municipal elections, existing law also permits the elections
official, himself or herself, to seek the above-described writ of
mandate or injunction, as specified.
   This bill would also authorize the elections official to seek the
above-described writ of mandate or injunction in the context of a
district or school district election.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9380 of the Elections Code is amended to read:
   9380.  (a) The elections official shall make a copy of the
materials referred to in Sections 9312, 9315, and 9317 available for
public examination in his or her office for a period of 10 calendar
days immediately following the filing deadline for submission of
those documents. Any person may obtain a copy of the materials from
the elections official for use outside of the elections official's
office. The elections official may charge a fee to any person
obtaining a copy of the material. The fee may not exceed the actual
cost incurred by the elections official in providing the copy.
   (b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held, or the elections official, himself or
herself, may seek a writ of mandate or an injunction requiring any
material to be amended or deleted. The writ of mandate or injunction
request shall be filed no later than the end of the 10-calendar-day
public examination period.
   (2) A peremptory writ of mandate or an injunction shall be issued
only upon clear and convincing proof that the material in question is
false, misleading, or inconsistent with this chapter, and that
issuance of the writ or injunction will not substantially interfere
with the printing or distribution of official election materials as
provided by law.
   (3) The elections official shall be named as respondent and the
person or official who authored the material in question shall be
named as real parties in interest. In the case of the elections
official bringing the mandamus or injunctive action, the board of
supervisors of the county shall be named as the respondent and the
person or official who authored the material in question shall be
named as the real party in interest.
  SEC. 2.  Section 9509 of the Elections Code is amended to read:
   9509.  (a) The elections official shall make a copy of the
materials referred to in Sections 9500, 9501, and 9504 available for
public examination in his or her office for a period of 10 calendar
days immediately following the filing deadline for submission of
those documents. Any person may obtain a copy of the materials from
the elections official for use outside of the elections official's
office. The elections official may charge a fee to any person
obtaining a copy of the material. The fee may not exceed the actual
cost incurred by the elections official in providing the copy.
   (b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held, or the elections official, himself or
herself, may seek a writ of mandate or an injunction requiring any or
all of the materials to be amended or deleted. The writ of mandate
or injunction request shall be filed no later than the end of the
10-calendar-day public examination period.
   (2) A peremptory writ of mandate or an injunction shall be issued
only upon clear and convincing proof that the material in question is
false, misleading, or inconsistent with this chapter, and that
issuance of the writ or injunction will not substantially interfere
with the printing or distribution of official election materials as
provided by law.
   (3) The elections official shall be named as respondent and the
person or official who authored the material in question shall be
named as real parties in interest. In the case of the elections
official bringing the mandamus or injunctive action, the board of
supervisors of the county shall be named as the respondent and the
person or official who authored the material in question shall be
named as the real party in interest.