BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 327|
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CONSENT
Bill No: SB 327
Author: Senate Elections and Constitutional Amendments
Committee
Amended: 4/26/11
Vote: 21
SENATE ELEC. & CONST. AMENDMENTS COMMITTEE : 4-0, 4/05/11
AYES: Correa, La Malfa, De Le�n, Gaines
NO VOTE RECORDED: Lieu
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Elections: procedure
SOURCE : Author
DIGEST : This bill (1) clarifies the text of a local
proposed measure will not be required to be published or
posted, (2) requires the verified statement of a candidate
to include a statement indicating his/her residence, and
(3) revises the deadline when nomination papers are to be
filed by.
ANALYSIS : Existing law requires that a notice of
intention (NOI) and the title and summary of a local
ordinance proposed to be submitted to the voters of an
incorporated city be published or posted.
This bill clarifies that the text of the proposed measure
is not required to be published or posted.
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Existing law requires that a candidate for an elective
office of a city may be nominated by the voters by the
filing of nomination papers provided by the city elections
official.
Existing law also requires that each nomination paper be
accompanied by a verified statement of the candidate that
he/ she will accept the nomination, and will also accept
the office in the event of his/her election.
This bill requires the verified statement of the candidate
to include a statement indicating his/her residence
address.
The bill permits elections officials to deplete the supply
of existing nomination paper forms prior to providing a new
or revised forms, and places a sunset on the provision on
January 1, 2013.
Existing law specifies that the nomination documents for
candidates in elections consolidated with regularly
scheduled elections shall be filed not later than 5 p.m. on
the 88th day prior to the regularly scheduled elections,
unless an incumbent has not filed nomination papers by that
day and time, in which case a person other than an
incumbent shall have until 5 p.m. on the 83rd day before
the election to the nomination papers.
Background
This bill is one of the Senate Elections and Constitutional
Amendments Committee's annual omnibus bills that provides
clarifying changes to multiple elections code references
and also makes minor technical and conforming changes.
This current omnibus bill will do the following:
Provide clarity to a section of the Elections Code
(EC) to clearly state that the NOI, without the
proposed text of the initiative, be published or
posted. The EC currently requires the text of the
initiative to be filed with the elections official
with the NOI.
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Provide a clear statement of the candidate's
residence address, regardless of whether he or she
circulates the Nomination Paper themselves by
repeating the same single sentence from the circulator
affidavit to the nominee affidavit: My residence
address is __________."
Make the EC consistent with other Sections by
referencing "close of business" instead of 5:00 p.m.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/2/11)
California Association of Clerks and Election Officials
City Clerks Association of California
ARGUMENTS IN SUPPORT : According to the City Clerks
Association of California (CCAC), "SB 327 will neither
increase nor decrease direct costs in any significant
manner, particularly related to the alteration of the form
of the nomination statement. The addition of a single
sentence on an existing form will be nominal in printing
costs. Furthermore, there will be an indirect cost
savings for local government realized in personnel time
when it becomes necessary to research and determine a
candidate's residence address after nomination papers are
filed. SB 327 provides clarity and consistency to existing
Elections Code section. For these reasons, CCAC strongly
supports SB 327."
DLW:do 5/4/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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