BILL NUMBER: SB 441 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 28, 2011
INTRODUCED BY Senator Vargas
FEBRUARY 16, 2011
An act to repeal Section 13305 amend
Sections 7200, 7201, 7202, 7203, 7204, 7205, 7206, 7208, 7209, 7210,
7211, 7212, 7214, 7225, 7226, 7228, 7229, 7400, 7400.1, 7400.3,
7400.5, 7401, 7402, 7403, 7404, 7406, 7407, 7408, 7409, 7
410, 7412, 7420, 7421, 7423, 7424, 7442, 7444, 7462, 7464, 7465,
7466, 7468, 7470, 7650, 7651, 7652, 7653, 7654, 7655, 7656, 7657,
7659, 7661, 7670, 7671, 7673, 7674, 7680, 7681, 7692, 7694, 7695,
7750, 7752, 7753, 7754, 7755, 7770, 7771, 7772.1, 7773, 7774, 7775,
7779, 7781, 7800, 7803, 7805, 7840, 7851, 7854, 7855, 7856, 7857,
7882, 8001, 8020, 8101, 12104, 15460, 15470, 15480, and 15490 of, and
to repeal Sections 7227, 7236, 7422, 7430, 7672, 7682, 7772, 7778,
7780, 7782, 7783, 7837, 7870, 7884, 13289, and 13305 of ,
the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 441, as amended, Vargas. Elections: contributions
political party central committees .
Existing law provides that at every direct primary election a
qualified political party's county central committee shall be
elected. Existing law provides procedures for the nomination and
election of the members of a county central committee and establishes
procedures for determining how many members will be on a county
central committee.
This bill would instead provide that members of a county central
committee would be selected by either party caucus or election at a
direct primary election. If the committee members are to be selected
by election, then the central committee would be required to provide
a list of candidates to the local elections official no later than 5
p.m. on the 88th day prior to the direct primary. Nomination and
election documents would no longer be required for the name of a
candidate for central committee to be printed on the ballot. This
bill would make conforming and other changes to the county central
committee selection procedures established under existing law.
Existing law permits the county central committee of each
qualified political party to supply county elections officials with
party contribution envelopes or letters, as specified, to be included
with the mailing of the sample ballot to each of the registered
voters who indicated the same political party affiliation.
This bill would repeal these provisions.
Existing law requires persons qualified to administer an oath of
office to administer the oath for county central committee membership
without charging a fee.
This bill would instead require the chairperson of a county
central committee to administer the oath of office for county central
committee membership.
Existing law requires the Department of General Services to permit
meetings of county central committees to be held in state buildings,
at least one each month free of charge.
This bill would remove that requirement, and make other changes
regarding the use of public facilities for county central committee
meetings.
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 7200 of the
Elections Code is amended to read:
7200. In each county containing less than five Assembly
districts, a county committee shall be elected
selected by supervisor districts, and the number to be
elected selected from any supervisor
district shall be determined as follows: There shall be taken the
number of votes cast in the supervisor district at the last
gubernatorial election for that party's candidate for Governor, or,
if the party had no candidate for Governor, for the candidate of the
party voted on throughout the state who received the greatest number
of votes and who was the candidate of that party alone. This number
shall be divided by one-twentieth of the number of votes cast in that
county for Governor or, where the party had no candidate for
Governor, for the candidate mentioned above. The integer next larger
than the quotient obtained by that division shall constitute the
number of members of the committee to be elected
selected by that party in that supervisor district.
The committees in counties containing less than five Assembly
districts shall be composed of not less than 21 members. If the
procedure outlined above would result in less than 21 members being
elected selected for any committee, the
number of votes cast for this party's candidate in each supervisor
district shall be divided by an amount sufficiently smaller than
one-twentieth of the votes cast for Governor in that county as to
give a membership in the committee equal to or the nearest amount
which is greater than 21 members.
In a county of the eighth class as defined in Section 28029 of the
Government Code, the county central committee by resolution may
provide for the election selection of
25 central committee members to represent 25 individual central
committee districts. Each member shall reside in the district he or
she represents, but shall be elected selected
at large within the Assembly district in which the county
central committee district he or she represents is located.
The county central committee shall reapportion itself at least
every 10 years, prior to the June primary election of that year. Each
district shall be apportioned on the basis of the number of
registered Democrats for the June primary in each even-numbered year,
with no more than a 10-percent deviation from the average. Each
district shall be compact, contiguous, and utilize any natural and
neighborhood boundaries. The district boundaries shall not cut across
any precinct district's lines as drawn by the elections official for
the last general or consolidated election.
SEC. 2. Section 7201 of the Elections
Code is amended to read:
7201. Notwithstanding any other provision of law, in a county of
the fifth class as defined in Section 28026 of the Government Code,
the elected selected members of the
county central committee shall be elected
selected by Assembly districts and shall consist of six members
elected from each Assembly district, whether wholly or partly within
the county, provided each such member is a resident of the county
and of the Assembly district which the member represents. Only a
person who is a resident of the county may vote for a candidate for
membership to the county central committee and may vote only for
candidates seeking to represent the Assembly district in which the
voter resides.
SEC. 3. Section 7202 of the Elections
Code is amended to read:
7202. In each county containing more than four and less than 20
Assembly districts, a county central committee shall be
elected selected from Assembly districts and
shall consist of six members elected selected
from each Assembly district.
SEC. 4. Section 7203 of the Elections
Code is amended to read:
7203. In each county containing 20 or more Assembly districts a
county central committee shall consist of seven members
elected selected from each Assembly district
contained either wholly or partially within the county. In an
Assembly district that lies only partially within a county containing
20 or more Assembly districts, the seven members shall be
elected selected from that portion of the
Assembly district contained within the county.
SEC. 5. Section 7204 of the Elections
Code is amended to read:
7204. In each city and county a county central committee shall be
elected selected by Assembly districts
and shall consist of 12 members elected
selected from Assembly District 12, and 12 members
elected selected from Assembly District 13.
SEC. 6. Section 7205 of the Elections
Code is amended to read:
7205. Notwithstanding this article, each county central committee
by resolution may provide for the election
selection of all or a portion of central committee members to
represent individual central committee districts. The member shall
reside in the district he or she represents but shall be
elected selected at large within the Assembly
district in which the county central committee district he or she
represents is located.
The county central committee shall reapportion itself at least
every 10 years, prior to the June primary election of that year. Each
district shall be apportioned on the basis of the number of
registered Democrats for the June primary in each even-numbered year,
with no more than a 10-percent deviation from the average. Each
district shall be compact, contiguous, and utilize any natural and
neighborhood boundaries. The district boundaries shall not cut across
any district lines of a precinct as drawn by the elections official
for the last general or consolidated election.
SEC. 7. Section 7206 of the Elections
Code is amended to read:
7206. In each county the nominee of this party for Senator or the
incumbent Senator, the nominees of this party for the Assembly, and
any person elected to either the Senate or Assembly at a special
election to fill a vacancy in that house, and the nominee of this
party for Representative in Congress, and any person elected at a
special election to fill a vacancy in the House of Representatives,
shall be ex officio members of this committee. If the person elected
from one party at the special election for an Assembly or Senate
seat, or for the House of Representatives, shall be other than the
nominee of that party for the same office at the prior election, the
ex officio membership of the nominee shall expire immediately upon
certification by the Secretary of State of the election. Ex officio
members shall be entitled to all the rights and privileges, including
the right to vote, and shall have the same standing in every way as
other members of this committee, except they shall not be entitled to
a ballot designation of incumbent upon seeking election
selection to this committee in the next direct
primary or party caucus .
SEC. 8. Section 7208 of the Elections
Code is amended to read:
7208. A committee may authorize any member of that committee,
whether elected selected or ex officio,
to appoint an alternate if a member desires to appoint an alternate.
An incumbent Member of the Senate or Assembly at the time of the
meeting of the committee may appoint an alternate member without
authorization from that committee, if the member desires to appoint
an alternate.
That alternate member shall have the right to vote only with the
written authorization of the member who appointed him or her. An
alternate member of a county central committee shall be subject to
the rules and regulations of the committee.
An alternate member must meet the same qualifications as the
regular member and may vote only in the absence of the member who
appointed him or her.
SEC. 9. Section 7209 of the Elections
Code is amended to read:
7209. A person shall not be eligible for selection or
appointment or election to a committee who is not
registered as affiliated with this party at the time of his or her
appointment or election.
SEC. 10. Section 7210 of the Elections
Code is amended to read:
7210. Each member of a committee, whether elected to the
committee selected or appointed to fill a
vacancy, before he or she enters upon the duties of his office, shall
take and subscribe the oath or affirmation set forth in Section 3 of
Article XX of the Constitution.
The oath or affirmation required by this section may be taken
before any officer authorized to administer oaths and no fee
shall be charged by any person before whom the oath is taken or
subscribed the chairperson of the county central
committee .
SEC. 11. Section 7211 of the Elections
Code is amended to read:
7211. In the event that the candidates elected
selected to be on a committee from a district
do not equal the number of party committeepersons to which the
district is entitled to be represented, a vacancy or vacancies exist
to the extent of the difference between the number of
elected selected committeepersons and the number
of committeepersons by which the district is entitled to be
represented. When the vacancy or vacancies exist , they
shall be filled by the committee to which insufficient members were
elected selected , in the manner
provided for in Section 7212.
SEC. 12. Section 7212 of the Elections
Code is amended to read:
7212. In the event of the appointment or election to a
committee of an ineligible person, an ineligible
person is appointed to or selected to be on a committee, or
whenever any member of the committee dies, resigns or becomes
incapacitated to act, or removes from the jurisdiction of the
committee, or ceases to be a member of this party, a vacancy exists
which shall be filled by appointment by the committee in which the
ineligibility or vacancy occurs. A vacancy shall also exist on a
committee when a member is removed from the committee pursuant to
Section 7213 or 7215.
SEC. 13. Section 7214 of the Elections
Code is amended to read:
7214. The removal of residence by an elected
a selected or appointed member of a committee from the
Assembly district or supervisor district from which he or she has
been elected selected or appointed a
member of that committee shall constitute his or her automatic
resignation from the committee.
SEC. 14. Section 7225 of the Elections
Code is amended to read:
7225. At every direct primary election a
A county central committee shall be elected in each
county. may select its members at a caucus organized
by the committee or by requesting the county elections official to
include a list of candidates for the county central committee on the
direct primary election ballot. The chairperson of the county central
committee shall advise the county elections official of the
committee's choice to select by caucus or by election on
the direct primary election ballot. Any member of the party seeking
to be nominated for selection to the county central committee shall
notify the county central committee at the time and in the form
specified by the party but no later than January 31 of the year in
which the direct primary election is to be conducted. The list of
candidates to be included on the direct primary election ballot must
be delivered to the local elections official no later than 5 p.m. on
the 88th day prior to the direct primary.
SEC. 15. Section 7226 of the Elections
Code is amended to read:
7226. The elections official chairperson
of the county central committee , no later than January 31
preceding the direct primary, shall compute the number of members of
the committee allotted to each Assembly district or supervisor
district, as the case may be, pursuant to this article.
SEC. 16. Section 7227 of the Elections
Code is repealed.
7227. In each county the name of each candidate for member of a
committee shall appear upon the ballot only upon the filing of a
nomination paper pursuant to Article 2 (commencing with Section 8020)
to Article 6 (commencing with Section 8100), inclusive, of Chapter 1
of Part 1 of Division 8, signed in his or her behalf by the voters
of the Assembly or supervisorial district in which he or she is a
candidate.
SEC. 17. Section 7228 of the Elections
Code is amended to read:
7228. If the elections official
chairperson of the county central committee , on the 73rd day
prior to the direct primary election, finds that the number of
candidates nominated for election selection
to a committee from an Assembly or supervisorial district does
not exceed the number of candidates to be elected
selected from that Assembly or supervisorial district, the
designation of the office and the names of the candidates
shall not be printed on this party's ballot in the Assembly or
supervisorial district, unless there is filed with the elections
official, not later than 20 days after the final date for filing
nomination papers for the positions, a petition indicating that a
write-in campaign will be conducted for the office and signed by 25
registered voters affiliated with the political party involved. In
lieu thereof, the board of supervisors chairperson
shall declare elected selected
the candidates who have been nominated , and those
candidates shall be entitled to receive certificates of election in
the same manner as other candidates elected to a committee
.
SEC. 18. Section 7229 of the Elections
Code is amended to read:
7229. Whenever a candidate for election
selection to a committee dies on or before the day of election
or the day of the party caucus , and a sufficient number
of ballots are marked as being voted for him or her to entitle him or
her to election selection if he or she
had lived until after the day of the election or
party caucus , a vacancy exists on the county central
committee, which shall be filled by the committee in the same manner
as other vacancies are filled.
SEC. 19. Section 7236 of the Elections
Code is repealed.
7236. The Department of General Services shall permit any
committee to hold meetings in a state building within the county. At
least one committee meeting each month shall be free of charge.
SEC. 20. Section 7400 of the Elections
Code is amended to read:
7400. In each county containing less than five Assembly
districts, a county central committee shall be elected
selected by supervisor districts, and the number
to be elected selected from any
supervisor district shall be determined as follows: There shall be
taken the number of votes cast in the supervisor district at the last
gubernatorial election for that party's candidate for Governor, or,
if the party had no candidate for Governor, for the candidate of the
party voted on throughout the state who received the greatest number
of votes and who was the candidate of that party alone. This number
shall be divided by one-twentieth of the number of votes cast in that
county for Governor or, where the party had no candidate for
Governor, for the candidate mentioned above. The integer next larger
than the quotient obtained by such division shall constitute the
number of members of the committee to be elected
selected by that party in that supervisor district.
The committees in counties containing less than five Assembly
districts shall be composed of not less than 21 members. If the
procedure outlined above would result in less than 21 members being
elected selected for any committee, the
number of votes cast for this party's candidate in each supervisor
district shall be divided by an amount sufficiently smaller than
one-twentieth of the votes cast for Governor in that county as to
give a membership in the committee equal to or the nearest amount
which is greater than 21 members.
SEC. 21. Section 7400.1 of the
Elections Code is amended to read:
7400.1. (a) Notwithstanding Sections 7400 and 7401, in the County
of Sacramento, the county central committee shall be
elected selected by supervisor districts, and
the number to be elected selected from
any supervisor district shall be determined as follows: There shall
be taken the number of votes cast in the supervisor district at the
last gubernatorial election for that party's candidate for Governor,
or, if the party did not have a candidate for Governor, for the
candidate of the party voted on throughout the state who received the
greatest number of votes and who was the candidate of that party
alone. This number shall be divided by one-thirtieth of the number of
votes cast in Sacramento County for Governor or, where the party did
not have a candidate for Governor, for the candidate mentioned
above. The integer next larger than the quotient obtained by that
division shall constitute the number of members of the committee to
be elected selected by that party in
that supervisor district.
(b) The Sacramento County Central Committee shall be composed of
not less than 31 members. If the procedure outlined above would
result in less than 31 members being elected
selected for any committee, the number of votes cast for this
party's candidate in each supervisor district shall be divided by an
amount sufficiently smaller than one-thirtieth of the votes cast for
Governor in Sacramento County as to give a membership on the
committee equal to or the nearest amount that is greater than 31
members.
SEC. 22. Section 7400.3 of the
Elections Code is amended to read:
7400.3. (a) Notwithstanding Sections 7400 and 7401, in the County
of Santa Clara, the county central committee shall be
elected selected by supervisor districts, and
the number to be elected selected from
any supervisor district shall be determined as follows:
(1) There shall be taken the number of votes cast in the
supervisor district at the last gubernatorial election for that party'
s candidate for Governor, or, if the party did not have a candidate
for Governor, for the candidate of the party voted on throughout the
state who received the greatest number of votes and who was the
candidate of that party alone.
(2) This number shall be divided by one-twenty-second of the
number of votes cast in Santa Clara County for Governor or, where the
party did not have a candidate for Governor, for the candidate
mentioned above. The integer next larger than the quotient obtained
by that division shall constitute the number of members of the
committee to be elected selected by
that party in that supervisor district.
(b) The Santa Clara County Central Committee shall be composed of
not less than 23 members. If the procedure outlined above would
result in less than 23 members being elected
selected to the committee, the number of votes cast for this
party's candidate in each supervisor district shall be divided by an
amount sufficiently smaller than one-twenty-second of the votes cast
for Governor in Santa Clara County as to give a membership on the
committee equal to or the nearest amount that is greater than 23
members.
SEC. 23. Section 7400.5 of the
Elections Code is amended to read:
7400.5. (a) Notwithstanding Sections 7400 and 7401, in the County
of San Bernardino, the county central committee shall be
elected selected by supervisor districts, and
the number to be elected selected from
any supervisor district shall be determined as follows:
(1) There shall be taken the number of votes cast in the
supervisor district at the last gubernatorial election for that party'
s candidate for Governor, or, if the party did not have a candidate
for Governor, for the candidate of the party voted on throughout the
state who received the greatest number of votes and who was the
candidate of that party alone.
(2) This number shall be divided by one-thirtieth of the number of
votes cast in San Bernardino County for Governor or, where the party
did not have a candidate for Governor, for the candidate mentioned
above. The integer next larger than the quotient obtained by that
division shall constitute the number of members of the committee to
be elected selected by that party in
that supervisor district.
(b) The San Bernardino County Central Committee shall be composed
of not fewer than 30 members. If the procedure outlined above would
result in fewer than 30 members being elected
selected to the committee, the number of votes cast for this
party's candidate in each supervisor district shall be divided by an
amount sufficiently smaller than one-thirtieth of the votes cast for
Governor in San Bernardino County as to give a membership on the
committee equal to or the nearest amount that is greater than 30
members.
SEC. 24. Section 7401 of the Elections
Code is amended to read:
7401. In each county containing more than four and less than 20
Assembly districts, a county central committee shall be
elected selected from Assembly districts and
shall consist of six members elected selected
from each Assembly district.
SEC. 25. Section 7402 of the Elections
Code is amended to read:
7402. In each county containing 20 or more Assembly districts a
county central committee shall consist of seven members
elected selected from each Assembly district
contained either wholly or partially within the county. In an
Assembly district that lies only partially within a county containing
20 or more Assembly districts, the seven members shall be
elected selected from that portion of the
Assembly district contained within the county.
SEC. 26. Section 7403 of the Elections
Code is amended to read:
7403. In each city and county, a county central committee shall
be elected selected by Assembly
districts and shall consist of 13 members elected
selected from Assembly District 12 and 12 members
elected selected from Assembly District 13.
SEC. 27. Section 7404 of the Elections
Code is amended to read:
7404. (a) In each county, the nominee of the party for State
Senator, the nominees of the party for the Assembly, and any person
nominated to either the Senate or Assembly at a special election to
fill a vacancy in the house, and the nominee of the party for
Representative in Congress shall be ex officio members of this
committee. If the person most recently nominated or elected from one
party at the special election for an Assembly or Senate seat, or for
the House of Representatives shall be other than the nominee of that
party for the same office at the earlier election, the ex officio
membership of the latter nominee shall expire immediately upon
certification by the Secretary of State of the nomination or, if
there is no runoff, the election of the person most recently
nominated or elected. Ex officio members shall be entitled to all the
rights and privileges, including the right to vote, and shall have
the same standing in every way as other members of this committee,
except they shall not be entitled to a ballot designation of
incumbent upon seeking election to this committee
if the committee selects its members by election in the
next direct primary. A person shall be entitled to ex officio
membership upon receiving a certificate of nomination from the
Secretary of State pursuant to Section 8147, at which time the term
of the former nominee shall expire.
(b) If the person most recently nominated to the Senate, Assembly,
or House of Representatives received less votes for the particular
office at the ensuing general election than a write-in candidate for
the same office, and the write-in candidate is elected to that office
the write-in candidate shall, for purposes of this part, be
considered the ex officio member of each affected county, provided
that the write-in candidate's affidavit of registration reflects that
that candidate has been affiliated with the party for at least six
months prior to the general election.
(c) If a write-in candidate is entitled to ex officio membership
on each affected county central committee pursuant to subdivision
(b), each affected county central committee shall ,
designate the party nominee described in subdivision (b) as an
additional ex officio member to its committee. Any person designated
as an ex officio member under this subdivision shall be entitled to
all the rights and privileges as other ex officio members of the
committee.
SEC. 28. Section 7406 of the Elections
Code is amended to read:
7406. A committee may authorize each elected
selected member and each ex officio member of that
committee to appoint an alternate member. An ex officio member who is
also an incumbent officeholder of any of the offices listed in
Sections 7404 and 7405 at the time of the meeting of the committee
may appoint an alternate member without authorization from that
committee, if the member desires to appoint an alternate.
The alternate member shall have the right to vote only with the
written authorization of the member who appointed him or her. An
alternate member of a committee shall be subject to the rules and
regulations of the committee.
An alternate member must meet the same qualifications as the
regular member, and may vote only in the absence of the member who
appointed him or her, except that an alternate member appointed by an
incumbent Senator, Member of the Assembly, or Representative in
Congress need not reside in the district of the appointing power but
need only reside in the county of jurisdiction of the committee.
SEC. 29. Section 7407 of the Elections
Code is amended to read:
7407. A person shall not be eligible for selection or
appointment or election to a committee who is not
registered as affiliated with this party at the time of his or her
appointment or election selection .
SEC. 30. Section 7408 of
the Elections Code is amended to read:
7408. Each member of a committee, whether elected to the
committee selected or appointed to fill a
vacancy, before he or she enters upon the duties of his or her
office, shall take and subscribe the oath or affirmation set forth in
Section 3 of Article XX of the Constitution.
The oath or affirmation required by this section may be taken
before any officer authorized to administer oaths and no fee
shall be charged by any person before whom the oath is taken or
subscribed the chairperson of the committee .
SEC. 31. Section 7409 of the Elections
Code is amended to read:
7409. In the event that the number of candidates
elected to selected to be on a
committee from a district do not equal the number of party
committeemembers to which that district is entitled to be
represented, a vacancy or vacancies exist to the extent of the
difference between the number of elected
selected committeemembers and the number of committeemembers by
which the district is entitled to be represented. When a vacancy or
vacancies exist , they shall be filled by the committee to
which insufficient members were elected
selected , in the manner provided for in Section 7410.
SEC. 32. Section 7410 of the Elections
Code is amended to read:
7410. In the event of the appointment or election to
an ineligible person is appointed to or selected to be
on a committee of an ineligible person , or
whenever any member of the committee dies, resigns or becomes
incapacitated to act, or removes from the jurisdiction of the
committee, or ceases to be a member of this party, a vacancy exists
which shall be filled by appointment by the committee in which the
ineligibility or vacancy occurs. A vacancy shall also exist on a
committee when a member is removed from the committee pursuant to
Section 7411 or 7413.
SEC. 33. Section 7412 of the Elections
Code is amended to read:
7412. The removal of residence by an elected
a selected or appointed member of a committee from the
Assembly district or supervisor district from which he or she has
been elected selected or appointed a
member of that committee shall constitute his or her automatic
resignation from the committee.
SEC. 34. Section 7420 of the Elections
Code is amended to read:
7420. (a) At every statewide direct primary election, a
member shall be elected to a To replace a member whose
term is expiring, a county central committee to
replace a member whose term is expiring may select a
member at a caucus organized by the committee or request the county
elections official to include a list of candidates for the county
central committee on the direct primary election ballot. The
chairperson of the county central committee shall advise
the county elections official of the committee's choice to select by
caucus or by election on the direct primary election ballot. Any
member of the party seeking to be nominated for selection to the
county central committee shall notify the county central committee at
the time and in the form specified by the party but no
later than January 31 of the year in which the direct primary
election is to be conducted. The list of candidates to be included on
the direct primary election ballot must be delivered to the local
elections official no later than 5 p.m. on the 88th day prior to the
direct primary. .
(b) When district boundaries are redrawn and districts are
renumbered in accordance with the decennial census, a member of a
county central committee may run for election
seek to be selected for membership in a newly numbered
district at the next election or party caucus even though
his or her current term of office has not expired. If a person is
elected selected in the newly numbered
district and takes the oath of office, the person is deemed to have
resigned from his or her previous district office at that time.
SEC. 35. Section 7421 of the Elections
Code is amended to read:
7421. The elections official county
central committee chairperson , no later than January 31
preceding the direct primary, shall compute the number of members of
the committee allotted to each Assembly district or supervisor
district, as the case may be, pursuant to this article.
SEC. 36. Section 7422 of the Elections
Code is repealed.
7422. In each county the name of each candidate for member of a
committee shall appear upon the ballot only upon the filing of a
nomination paper pursuant to Article 2 (commencing with Section 8020)
to Article 6 (commencing with Section 8100), inclusive, of Chapter 1
of Part 1 of Division 8, signed on his or her behalf by the voters
of the Assembly or supervisorial district in which he or she is a
candidate.
SEC. 37. Section 7423 of the Elections
Code is amended to read:
7423. If the elections official
chairperson of the county central committee , on the 73rd day
prior to the direct primary election, finds that the number of
candidates nominated for election selection
to a committee from an Assembly or supervisorial district does
not exceed the number of candidates to be elected
selected from that Assembly or supervisorial district, the
designation of the office and the names of the candidates
shall not be printed on this party's ballot in the Assembly or
supervisorial district, unless there is filed with the elections
official, not later than 20 days after the final date for filing
nomination papers for the positions, petition indicating that a
write-in campaign will be conducted for the office, and signed by 25
registered voters affiliated with the political party involved. In
lieu thereof, the board of supervisors chairperson
shall declare elected selected
the candidates who have been nominated , and those
candidates shall be entitled to receive certificates of election in
the same manner as other candidates elected to a committee
.
SEC. 38. Section 7424 of the Elections
Code is amended to read:
7424. Whenever a candidate for election
selection to a committee dies on or before the day of election
or party caucus , and a sufficient number of ballots are
marked as being voted for him or her to entitle him or her to
election selection if he or she had
lived until after the election or caucus , a vacancy
exists on the county central committee, which shall be filled by the
committee in the same manner as other vacancies are filled.
SEC. 39. Section 7430 of the Elections
Code is repealed.
7430. The Department of General Services shall permit any
committee that desires to do so to hold meetings in a state building
within the county, at least one of which meetings each month shall be
without charge.
SEC. 40. Section 7442 of the Elections
Code is amended to read:
7442. A committee may make rules and regulations providing for
any of the following:
(a) How officers of the committee may be removed.
(b) How meetings may be called, and any provisions so made shall
supersede anything in this chapter to the contrary.
(c) Whether or not proxies may be used and the conditions under
which they may be used.
Any rule adopted prior to statutory authorization by any county
central committee by majority vote of the selected members
elected to of the committee is hereby
validated and made of the same effect as if subsequently adopted.
SEC. 41. Section 7444 of the Elections
Code is amended to read:
7444. If the chairperson of a committee refuses to call a
meeting, a meeting may be called upon five days' notice by a majority
of the members of the committee.
Within five days after a committee meets for its organizational
meeting, the newly elected chairperson of the committee shall notify
the elections official of his or her name. The elections official
shall mail a certificate to that effect to the Secretary of State.
SEC. 42. Section 7462 of the Elections
Code is amended to read:
7462. Each committee shall consist of the persons
elected to selected to be on the county central
committee of a single Assembly or supervisorial district.
SEC. 43. Section 7464 of the Elections
Code is amended to read:
7464. The district committees may elect
select any officers and undertake any action as the bylaws of
the county central committee of which they are a part provide.
SEC. 44. Section 7465 of the Elections
Code is amended to read:
7465. In the event that the candidates elected to
selected to be on a district
committee do not equal the number of party committeemembers by which
the district is entitled to be represented under Article 1
(commencing with Section 7400), a vacancy or vacancies exist to the
extent of the difference between the number of elected
selected committeemembers and the number of
committeemembers by which the district is entitled to be represented.
When a vacancy or vacancies exist, they shall be filled by the
district committee to which insufficient members were
elected selected .
SEC. 45. Section 7466 of the Elections
Code is amended to read:
7466. In the event of the appointment or election
an ineligible person is appointed to or
selected to be on a district committee of an
ineligible person , or whenever any member of the committee
dies, resigns or becomes incapacitated to act, is removed from
office, or removes from the jurisdiction of the district committee,
or ceases to be a member of this party, a vacancy exists which shall
be filled by appointment by the district committee in which the
ineligibility or vacancy occurs.
SEC. 46. Section 7468 of the Elections
Code is amended to read:
7468. The removal of residence by an elected
a selected or appointed member of a district committee
from the Assembly district or supervisorial district from which he or
she has been elected or appointed a member of that committee shall
constitute his or her automatic resignation from that committee.
SEC. 47. Section 7470 of the Elections
Code is amended to read:
7470. Whenever any person is appointed to fill a vacancy on a
district committee, the district committee shall notify within 10
days the chairperson of the county central committee who
shall file a notice of the appointment with the elections official
within 30 days after it is made . The notices shall contain
the name and address of the person appointed and the name of the
person replaced, and shall indicate the date of the appointment.
SEC. 48. Section 7650 of the Elections
Code is amended to read:
7650. In each county containing less than five Assembly districts
or portions thereof, except the City and County of San Francisco, a
county central committee of at least 25 members shall be
elected selected by supervisor districts, and
the number elected selected from each
supervisor district shall be determined as follows:
The number of voters registered as members of the American
Independent Party, as reflected in the statement of voters and their
political affiliations transmitted to the Secretary of State on or
before the 135th day before any primary election, shall be divided by
25. The number thus derived shall be divided into the number of
American Independent Party voters registered in each supervisor
district, and the integer nearest the resulting quotient shall be the
number of central committee members to be elected
selected to represent that supervisor district.
SEC. 49. Section 7651 of the Elections
Code is amended to read:
7651. In each county containing more than four Assembly districts
or portions thereof, and the City and County of San Francisco, a
county central committee shall be elected
selected by Assembly districts, and the number elected
selected shall be that number derived by
multiplying 7 times the number of Assembly districts in whole or in
part within the county. The number elected
selected from each Assembly district shall be determined as
follows:
The number of voters registered as members of the American
Independent Party, as reflected in the statement of voters and their
political affiliations transmitted to the Secretary of State on or
before the 135th day before any primary election, shall be divided by
the total number of members to be elected
selected in the county. The number thus derived shall be
divided into the number of American Independent Party voters
registered in each Assembly district or portion thereof, and the
integer nearest the resulting quotient shall be the number of central
committee members to be elected selected
to represent that Assembly district or portion thereof.
SEC. 50. Section 7652 of the Elections
Code is amended to read:
7652. The incumbent or nominee of each of the following offices
shall be an ex officio member of the committee in the county in which
he or she resides:
(a) Governor.
(b) Lieutenant Governor.
(c) Secretary of State.
(d) Controller.
(e) Treasurer.
(f) Attorney General.
(g) Member of the State Board of Equalization.
(h) United States Senator from California.
(i) Representative in Congress from California.
(j) All Members of the Legislature.
(k) Any person nominated to a partisan office at a special
election to fill a vacancy in that office.
Ex officio members shall be entitled to all the rights and
privileges, including the right to vote, and shall have the same
standing in every way as other members of this committee, except they
shall not be entitled to a ballot designation of incumbent upon
seeking election to this committee in the next direct primary if
the committee has chosen to select its members by election .
SEC. 51. Section 7653 of the Elections
Code is amended to read:
7653. A committee may authorize any member of that committee,
whether elected selected or ex officio,
to appoint an alternate if a member desires to appoint an alternate.
An incumbent of an elected partisan a voter
nominated office at the time of the meeting of the committee
may appoint an alternate member without authorization from that
committee, if the member desires to appoint an alternate.
The alternate member shall have the right to vote only with the
written authorization of the member who appointed him or her. An
alternate member of a county central committee shall be subject to
the rules and regulations of the committee.
An alternate member must meet the same qualifications as the
regular member and may vote only in the absence of the member who
appointed him or her.
SEC. 52. Section 7654 of the Elections
Code is amended to read:
7654. A person shall not be eligible to be selected to be on
or for appointment or election to a
committee who is not registered as affiliated with this party at the
time of his or her appointment or election.
SEC. 53. Section 7655 of the Elections
Code is amended to read:
7655. Each member of a committee, whether elected to
selected to be on the committee or appointed to
fill a vacancy, before he or she enters upon the duties of his or her
office, shall take and subscribe the oath or affirmation set forth
in Section 3 of Article XX of the Constitution.
The oath or affirmation required by this section may be
taken before any officer authorized to administer oaths and no fee
shall be charged by any person before whom the oath is taken or
subscribed administered by the chairperson of the
committee .
SEC. 54. Section 7656 of the Elections
Code is amended to read:
7656. In the event that the candidates elected to
selected to be on a committee from a district do
not equal the number of party committeepersons to which that
district is entitled to be represented under this chapter, a vacancy
or vacancies exist to the extent of the difference between the number
of elected selected committeemembers
and the number of committeemembers by which the district is entitled
to be represented. When a vacancy or vacancies exist they shall be
filled by the committee to which insufficient members were
elected selected , in the manner provided for in
Section 7657.
SEC. 55. Section 7657 of the Elections
Code is amended to read:
7657. In the event of the appointment or election
an ineligible person is selected to be on or appointed
to a committee of an ineligible person , or
whenever any member of the committee dies, resigns or becomes
incapacitated to act, or removes from the jurisdiction of the
committee, or ceases to be a member of this party, a vacancy exists
which shall be filled by appointment by the committee in which the
ineligibility or vacancy occurs. A vacancy shall also exist on a
committee when a member is removed from the committee pursuant to
Section 7658 or 7660.
SEC. 56. Section 7659 of the Elections
Code is amended to read:
7659. The removal of residence by an elected
a selected or appointed member of a committee from the
Assembly district or supervisor district from which he or she has
been elected selected or appointed a
member of that committee shall constitute his or her automatic
resignation from the committee.
SEC. 57. Section 7661 of the Elections
Code is amended to read:
7661. Whenever any person is appointed to fill a vacancy on a
committee, the chairperson of the committee shall file notices of the
appointment with the elections official and the
chairperson of the state central committee within 30 days after it is
made. The notices shall contain the name and address of the person
appointed and the name of the person replaced, and shall indicate the
date of the appointment.
SEC. 58. Section 7670 of the Elections
Code is amended to read:
7670. At every direct primary election a A
county central committee shall be elected in each
county may select its members at a caucus organized by
the committee or by requesting the county elections official to
include a list of candidates for the county central committee on the
direct primary election ballot. The list of candidates to be included
on the direct primary election ballot must be delivered to the local
elections official no later than 5 p.m. on the 88th day
prior to the direct primary. .
SEC. 59. Section 7671 of the
Elections Code is amended to read:
7671. The Secretary of State, no later than 125 days before the
direct primary, shall compute the number of members of central
committees to be elected selected in
each county, and shall mail a certificate reporting that information
to the elections official of each county and to the
Chairperson of the American Independent Party State Central
Committee.
SEC. 60. Section 7672 of the Elections
Code is repealed.
7672. In each county the name of each candidate for member of a
committee shall appear upon the ballot only upon the filing of a
nomination paper pursuant to Article 2 (commencing with Section 8020)
to Article 6 (commencing with Section 8100), inclusive, of Chapter 1
of Part 1 of Division 8, signed on his or her behalf by the voters
of the Assembly or supervisorial district in which he or she is a
candidate.
SEC. 61. Section 7673 of the Elections
Code is amended to read:
7673. If the elections official
chairperson of the county central committee , on the 73rd day
prior to the direct primary election, finds that the number of
candidates nominated for election selection
to a committee from an Assembly or supervisor district does not
exceed the number of candidates to be elected
selected from that Assembly or supervisor district,
the designation of the office and the names of the
candidates shall not be printed on this party's ballot in the
Assembly or supervisor district, unless there is filed with the
elections official, not later than 20 days after the final date for
filing nomination papers for the positions, a petition indicating
that a write-in campaign will be conducted for the office and signed
by 25 registered voters affiliated with the political party involved.
In lieu thereof, the board of supervisors shall declare elected
then the candidates who have been nominated
, and those candidates shall be entitled to receive
certificates of election in the same manner as other candidates
elected to a committee shall be declared selected
.
SEC. 62. Section 7674 of the Elections
Code is amended to read:
7674. Whenever a candidate for election
selection to a committee dies on or before the day of election
or party caucus , and a sufficient number of ballots are
marked as being voted for him or her to entitle him or her to
election selection if he or she had
lived until after the election or party caucus , a vacancy
exists on the county central committee, which shall be filled by the
committee in the same manner as other vacancies are filled.
SEC. 63. Section 7680 of the Elections
Code is amended to read:
7680. Each committee shall meet in the courthouse at its county
seat, upon call, which shall be given by the elections
official of the county and in quarters to be arranged or provided for
by the elections official of the county, chairperson
of the county central committee on the second Tuesday in July
following the direct primary election or party caucus ,
except that in any year in which a national convention of the party
includes that date, the existing executive committee of a committee
shall set the date of the meeting, not to exceed 30 days after the
date herein specified.
SEC. 64. Section 7681 of the Elections
Code is amended to read:
7681. Notwithstanding the provisions of Section 7680, a committee
in a county having a population in excess of 4,000,000 shall meet at
its county seat in a centrally located public
auditorium sufficient to accommodate its membership.
SEC. 65. Section 7682 of the Elections
Code is repealed.
7682. The Department of General Services shall permit any
committee that desires to do so to hold meetings in a state building
within the county, at least one of which meetings each month shall be
without charge.
SEC. 66. Section 7692 of the Elections
Code is amended to read:
7692. The committee shall perform other duties and services for
this political party as seem to be for the benefit of the party. They
shall continue to function and exist until the selection of new
members by election at the succeeding direct primary or
by party caucus and qualification of the members of the new
committees.
SEC. 67. Section 7694 of the Elections
Code is amended to read:
7694. Within five days after a committee meets for its
organizational meeting, the newly elected chairperson of the
committee shall notify the elections official
state party chairperson of his or her name.
SEC. 68. Section 7695 of the Elections
Code is amended to read:
7695. Each committee may establish annual dues not to exceed
twenty-four dollars ($24) per year for elected
selected , ex officio and alternate members. The committee
may remove members or alternates for nonpayment of dues.
SEC. 69. Section 7750 of the Elections
Code is amended to read:
7750. At each direct primary election, members of
A county central committees shall be
elected in each county committee may select its
members at a caucus organized by the committee or by requesting the
county elections official to include a list of candidates on the
direct primary election ballot. The list of candidates to be included
on the direct primary election ballot must be delivered to the local
elections official no later than 5 p.m. on the 88th day prior
to the direct primary. .
SEC. 70. Section 7752 of the Elections
Code is amended to read:
7752. The number of members of central committees to be
elected selected in a county shall be the
greater of either of the following:
(a) The number seven.
(b) The integer nearest the resulting quotient obtained by
dividing 400 times the number of Peace and Freedom Party registered
voters in the county by the number of Peace and Freedom Party
registered voters in the state.
However, the number of members of central committees to be
elected selected in a county shall be
five if the number of Peace and Freedom Party registered voters in
the county is less than 150.
SEC. 71. Section 7753 of the Elections
Code is amended to read:
7753. In each county where the number of members of central
committees to be elected selected is 12
or less, the members shall be elected
selected in a countywide, at large district. In each county
where the number to be elected selected
is 13 or greater, the members shall be elected
selected by supervisorial district, except in Los Angeles
County and in the City and County of San Francisco, wherein the
members shall be elected selected by
Assembly district.
SEC. 72. Section 7754 of the Elections
Code is amended to read:
7754. The number to be elected selected
from each supervisorial or Assembly district shall be the
greater of either of the following:
(a) The number one.
(b) The integer nearest the resulting quotient obtained by
dividing the number of members to be elected
selected in that county times the number of Peace and Freedom
Party registered voters in the district by the number of Peace and
Freedom Party registered voters in the county.
If the procedure outlined above would result in less members being
elected selected in a county than the
number to which the county is entitled under Section 7752, the
calculation in subdivision (b) shall be repeated using a number of
Peace and Freedom Party registered voters in the county sufficiently
smaller than the actual number in the county so as to give a total
number of members of central committees to be elected
selected equal to or the nearest amount which is
greater than the number to which the county is entitled.
SEC. 73. Section 7755 of the Elections
Code is amended to read:
7755. Each person receiving a Peace and Freedom Party nomination
for any partisan public voter nominated
office at the preceding direct primary election or at any special
election subsequent thereto shall be declared elected
selected as a member of central committees. Any
members elected selected pursuant to
this section shall be in addition to the number a county is entitled
to elect pursuant to Section 7752.
SEC. 74. Section 7770 of the Elections
Code is amended to read:
7770. The state party chairperson, no later than the 135th day
before the direct primary election, shall notify the Secretary of
State whether or not a county central committee election or a
party caucus will be held. In the event that a county central
committee election is not held, a county central committee will be
convened pursuant to rules adopted by the party.
SEC. 75. Section 7771 of the Elections
Code is amended to read:
7771. The elections official chairperson
of the county central committee , no later than the 115th day
before the direct primary election, shall compute the number of
members of central committees to be elected
selected in each supervisorial or Assembly district if the
election selection of the members is to
be by supervisorial or Assembly district pursuant to this chapter.
SEC. 76. Section 7772 of the Elections
Code is repealed.
7772. In each county, the name of each candidate for member of
central committees shall appear on the ballot only if she or he has
done either of the following:
(a) Filed a nomination paper pursuant to Article 2 (commencing
with Section 8020) to Article 6 (commencing with Section 8100),
inclusive, of Chapter 1 of Part 1 of Division 8, signed in the
candidate's behalf by the voters of the central committee election
district in which she or he is a candidate.
(b) Qualified to have her or his name printed on the direct
primary ballot as a candidate for the Peace and Freedom Party
nomination to a partisan public office.
SEC. 77. Section 7772.1 of the
Elections Code is amended to read:
7772.1. Notwithstanding any other provision of law, if the
elections official chairperson of the county
central committee , on the 73rd day prior to the direct primary
election, finds that the number of candidates nominated for
election selection to a central committee from
any election jurisdiction does not exceed the number to be
elected selected from that jurisdiction,
the designation of the office and the names of the
candidates shall not be printed on this party's ballot in that
jurisdiction, unless there is filed with the elections official, not
later than 20 days after the final date for filing nomination papers
for the positions, a petition signed by 25 registered voters
affiliated with the Peace and Freedom Party indicating that a
write-in campaign will be conducted for the office. In lieu thereof,
the board of supervisors shall declare elected then
the candidates who have been nominated , and those
candidates shall be entitled to receive certificates of election in
the same manner as other candidates elected to a central committee
shall be declared selected .
SEC. 78. Section 7773 of the Elections
Code is amended to read:
7773. In counties where members of central committees are to be
elected selected by supervisorial or
Assembly district, a person seeking election
selection as a member of central committees may seek
election selection only in the supervisorial or
Assembly district in which he or she resides.
SEC. 79. Section 7774 of the Elections
Code is amended to read:
7774. A person qualifying as a candidate for member of central
committees by virtue of qualification to have her or his name appear
on the primary ballot for a partisan public
voter nominated office shall have her or his name listed
on the ballot as a candidate for member
of central committees only in the central committee
election district of her or his residence.
SEC. 80. Section 7775 of the Elections
Code is amended to read:
7775. Notwithstanding any other provision of this code, a person
may obtain and circulate nomination papers both for
seek nomination to a public office and for
election selection as a member of
central committees.
SEC. 81. Section 7778 of the Elections
Code is repealed.
7778. The elections official of each county shall include the
office of member of central committees and the candidates therefor in
a place and manner similar to the office of county central committee
and the candidates therefor on various official lists.
SEC. 82. Section 7779 of the Elections
Code is amended to read:
7779. The order of appearance of the names of the candidates for
member of central committees on the ballot shall be determined by
a public drawing held at the time, place, and manner
prescribed for determining the order of names of county central
committee members pursuant to Chapter 2 (commencing with Section
13100) of Division 13 the chairperson of the county
central committee .
SEC. 83. Section 7780 of the Elections
Code is repealed.
7780. The office of member of central committees shall be placed
on the direct primary ballot under the heading "Party Central
Committees" in the place and manner designated for the office of
county central committee pursuant to Chapter 2 (commencing with
Section 13100) of Division 13. The subheading printed under party
central committees on the direct primary ballot shall be in
substantially the following form:
Member of Peace and Freedom Party
Central Committees, 55th Assembly District
or
Member of Peace and Freedom Party
Central Committees, Alpine County
SEC. 84. Section 7781 of the Elections
Code is amended to read:
7781. A party nominee for partisan a
voter nominated office qualifying to be declared
elected selected as a member of central
committees pursuant to Section 7755 shall not be additionally
declared directly elected selected as a
member of central committees pursuant to Section 15490 and shall not
possess a multiple membership on either the state central committee
or on a county central committee.
SEC. 85. Section 7782 of the Elections
Code is repealed.
7782. A certificate of election shall be issued to each elected
member of central committees by the officers charged with that duty
of issuing certificates of election to members of county central
committees under Section 8145.
SEC. 86. Section 7783 of the Elections
Code is repealed.
7783. The votes cast for each candidate for member of central
committees shall be included in the canvass and statement of results
in a manner similar to the vote for each candidate for county central
committee pursuant to Division 15 (commencing with Section 15000).
SEC. 87. Section 7800 of the Elections
Code is amended to read:
7800. At the convention meeting of the state central committee,
the state central committee shall consist initially of only those
members of central committees elected
selected at the most recent direct primary election or
party caucus .
SEC. 88. Section 7803 of the Elections
Code is amended to read:
7803. The state central committee may require a balance of
elected selected and appointed members
so that 50 percent of the state central committee members from each
county are women and 50 percent are men.
SEC. 89. Section 7805 of the Elections
Code is amended to read:
7805. This committee may remove any elected
selected or appointed member who, during the term of
membership, affiliates with or registers as a member of another
political party, publicly advocates that the voters should not vote
for the nominee of the party for any office, publicly gives support
to or avows a preference for a candidate of another party or
candidate who is opposed to a candidate nominated by this party, or
has violated the bylaws or constitution of the state central
committee.
SEC. 90. Section 7837 of the Elections
Code is repealed.
7837. The Secretary of State, within 10 days after the convention
meeting of the state central committee, shall ascertain who is the
newly elected chairperson of the state central committee and shall
mail a certificate to that effect, including the chairperson's
address and telephone number, to the elections official of each
county.
SEC. 91. Section 7840 of the Elections
Code is amended to read:
7840. The state central committee shall have power to appoint
interim county central committees in the following counties:
(a) Counties in which the voters have not elected one or more
members of central committees in the direct primary election
preceding the organization of this committee and have not
selected any central committee members in a party caucus .
(b) Counties in which all members of a county central committee
are removed from office or cease to be registered as affiliated with
the Peace and Freedom Party.
Persons appointed to interim county central committees pursuant to
this section shall meet the qualifications otherwise required of
appointees to membership on the county central committees. Notice of
any appointments pursuant to this section shall be filed by the state
central committee with the elections official of the county
chairperson of the county central committee for
which that interim county central committee is appointed. Interim
county central committees appointed pursuant to this section shall
have all the powers and privileges afforded county central committees
by this part.
SEC. 92. Section 7851 of the Elections
Code is amended to read:
7851. A county central committee may require a balance of
elected selected and appointed
committee members to create a total membership division of 50 percent
women and 50 percent men.
SEC. 93. Section 7854 of the Elections
Code is amended to read:
7854. The removal of residence by an elected
a selected or appointed member of a county central
committee from the county from which the member was elected
selected shall constitute the member's automatic
resignation from the committee.
SEC. 94. Section 7855 of the Elections
Code is amended to read:
7855. A committee may remove any elected
selected or appointed member, who during the term of
membership, affiliates with or registers as a member of another
political party, publicly advocates that the voters should not vote
for the nominee of the party for any office, publicly gives support
to or avows a preference for a candidate of another party or
candidate who is opposed to a candidate nominated by this party, or
has violated the bylaws or constitution of the committee.
SEC. 95. Section 7856 of the Elections
Code is amended to read:
7856. Whenever any person is appointed to a committee, the
chairperson of the committee shall file notices of the appointment
with the county elections official and the
chairperson of the state central committee within 30 days after it is
made. The notices shall contain the name and address of the person
appointed and shall indicate the date of the appointment.
SEC. 96. Section 7857 of the Elections
Code is amended to read:
7857. If no members of central committees have been
elected selected in a county at the preceding
direct primary election or party caucus or , if for any
reason all the members of a county central committee are removed from
office or cease to be registered as affiliated as members of the
Peace and Freedom Party, then an interim county central committee
with full powers may be appointed by the state central committee
under the procedures specified in Section 7840.
SEC. 97. Section 7870 of the Elections
Code is repealed.
7870. The Department of General Services shall permit any
committee that desires to do so to hold meetings in a state building
within the county, at least one of which meetings each month shall be
without charge.
SEC. 98. Section 7882 of the Elections
Code is amended to read:
7882. The committees shall perform other duties and services for
this political party as seem to be for the benefit of the party. They
shall continue to function and exist until the members of the new
committees take office after the succeeding direct primary election
or party caucus .
SEC. 99. Section 7884 of the Elections
Code is repealed.
7884. Within five days after a committee meets for its
organizational meeting, the newly elected chairperson of the
committee shall notify the county elections official of his or her
name.
SEC. 100. Section 8001 of the Elections
Code is amended to read:
8001. (a) No declaration of candidacy for a partisan office
or for membership on a county central committee
shall be filed, by a candidate unless (1) at the time of presentation
of the declaration and continuously for not less than three months
immediately prior to that time, or for as long as he has been
eligible to register to vote in the state, the candidate is shown by
his affidavit of registration to be affiliated with the political
party the nomination of which he seeks, and (2) the candidate has not
been registered as affiliated with a qualified political party other
than that political party the nomination of which he seeks within 12
months, or, in the case of an election governed by Chapter 1
(commencing with Section 10700) of Part 6 of Division 10, within
three months immediately prior to the filing of the declaration.
(b) The elections official shall attach a certificate to the
declaration of candidacy showing the date on which the candidate
registered as intending to affiliate with the political party the
nomination of which he seeks, and indicating that the candidate has
not been affiliated with any other qualified political party for the
period specified in subdivision (a) immediately preceding the filing
of the declaration. This section shall not apply to declarations of
candidacy filed by a candidate of a political party participating in
its first direct primary election subsequent to its qualification as
a political party pursuant to Section 5100.
SEC. 101. Section 8020 of the Elections
Code is amended to read:
8020. (a) No candidate's name shall be printed on the ballot to
be used at the direct primary unless the following nomination
documents are delivered for filing to the county elections official:
(1) Declaration of candidacy pursuant to Section 8040.
(2) Nomination papers signed by signers pursuant to Section 8041.
(b) The forms shall first be available on the 113th day prior to
the direct primary election and shall be delivered not later than 5
p.m. on the 88th day prior to the direct primary. The forms may be
delivered to the county elections official by a person other than the
candidate.
(c) Upon the receipt of an executed nomination document, the
county elections official shall give the person delivering the
document a receipt, properly dated, indicating that the document was
delivered to the county elections official.
(d) Notwithstanding Section 8028, upon request of a candidate, the
county elections official shall provide the candidate with a
declaration of candidacy. The county elections official shall not
require a candidate to sign, file, or sign and file, a declaration of
candidacy as a condition of receiving nomination papers.
(e) This section shall not apply to any candidate for a county
central committee that chooses to select its members by election
pursuant to Division 7 (commencing with Section 7000) of the
Elections Code.
SEC. 102. Section 8101 of the Elections
Code is amended to read:
8101. All forms required for nomination and election to all
congressional, state, and county, and political
party county central committee offices shall be furnished
only by the county elections official. At the time of issuance of
those forms the county elections official shall type in the forms the
name of the candidate and the office for which he or she is a
candidate, shall imprint a stamp which reads "Official Filing Form,"
and shall affix his or her signature. The forms shall be distributed
without charge to all candidates applying for them.
SEC. 103. Section 12104 of the
Elections Code is amended to read:
12104. (a) A notice designating the offices for which candidates
are to be nominated shall be in substantially the following form:
NOTICE BY SECRETARY OF STATE OF OFFICES FOR WHICH CANDIDATES
ARE TO BE NOMINATED AT THE DIRECT PRIMARY
Secretary of State
Sacramento,__. 19 __.
To the County Elections Official of the County of ____:
Notice is hereby given that the offices for which candidates are
to be nominated at the primary election to be held on the ____ day
of___, 19__, together with the names of the political parties
qualified to participate in the election, are as follows:
STATE AND DISTRICT OFFICES
__________________________________________________
__________________________________________________
__________________________________________________
CONGRESSIONAL OFFICES
__________________________________________________
__________________________________________________
__________________________________________________
LEGISLATIVE OFFICES
__________________________________________________
__________________________________________________
__________________________________________________
Notice is also hereby given that at the primary
election, candi-
dates are to be nominated for the following
office:
SUPERINTENDENT OF PUBLIC INSTRUCTION
__________________________________________________
__________________________________________________
__________________________________________________
Notice is also hereby given that at the primary election, in the
county first above mentioned, candidates are to be nominated for any
county offices or judicial offices to which candidates are to be
elected at the ensuing general election;
And notice is also hereby given that at the primary election there
shall be elected in each county a county central committee for each
political party above named pursuant to Division 7 (commencing with
Section 7000) of the Elections Code.
________________________
__
(seal) Secretary of State
(b) The notice designating the political parties qualified to
participate in this election for nomination of candidates shall be in
substantially the following form:
NOTICE BY SECRETARY OF STATE OF POLITICAL PARTIES QUALIFIED TO
PARTICIPATE IN THE DIRECT PRIMARY ELECTION
Secretary of State
Sacramento, __. 19__.
To the County Elections Official of the County of ____:
Notice is hereby given that the political parties qualified to
participate in this election for nomination of candidates to partisan
offices are as follows:
________________________
__
(seal) Secretary of State
SEC. 104. Section 13289 of the
Elections Code is repealed.
13289. At the presidential primary, if the voting machine will
accommodate it, the county central committee election ballot shall be
placed upon the voting machine together with the presidential
primary ballot.
SEC. 105. Section 13305 of the
Elections Code is repealed.
13305. (a) In each county, the county central committee of each
qualified political party may supply to its county elections
official, not less than 83 days prior to the direct primary election,
a party contributor envelope or a one-page letter, in which both
sides may be utilized, to be included in the mailing of the sample
ballot to each of the registered voters in the county who have
disclosed a preference for that same party on the voter's affidavit
of registration. In lieu of supplying the elections official with a
sufficient number of copies of the one-page letter, a county central
committee may supply the elections official, not less than 83 days
before the direct primary election, with the text of the letter and
request the elections official to print, or cause to be printed, a
sufficient number of copies of the letter to accommodate the mailing.
The elections official shall notify the respective county committee
of, and the committee shall reimburse the county for, any actual
costs incurred by the inclusion or printing, or both. The elections
official may, prior to acting pursuant to this subdivision, require
the county committee to post a bond to ensure the reimbursement.
(b) Each envelope or letter shall contain a space for the name and
address of the contributor, and shall contain language which informs
the contributor of the manner in which the money received shall be
spent. The language on the envelope or letter shall not contain words
critical of any other political party.
(c) All funds received by the return of the party contributor
envelopes or in response to the letters shall be kept separate from
all other funds and shall be kept in a fund (account) to be
established in each county. Any funds which are prohibited under
federal law from being used for candidates for federal office shall
be further segregated and any portion allocated to candidates shall
be disbursed only to candidates for state office.
SEC. 106. Section 15460 of the
Elections Code is amended to read:
15460. In each county If a county central
committee has chosen to select its members by election pursuant to
Section 7225 then the number of candidates for membership in
a that county central committee
in each for an Assembly or
supervisorial district who receive the highest number of votes shall
be declared elected. However, a candidate for membership
shall not be declared elected unless he or she has received votes
equal in number to the minimum number of signatures to the nomination
paper which would have been required to place his or her name on the
direct primary ballot as a candidate for member of a committee.
SEC. 107. Section 15470 of the
Elections Code is amended to read:
15470. In each county If a county central
committee has chosen to select its members by election pursuant to
Section 7420 then the number of candidates for membership in a
committee in each for an Assembly or
supervisorial district who receive the highest number of votes shall
be declared elected. However, a candidate for membership
shall not be declared elected unless he or she has received votes
equal in number to the minimum number of signatures to the nomination
paper which would have been required to place his or her name on the
direct primary ballot as a candidate for member of a committee.
SEC. 108. Section 15480 of the
Elections Code is amended to read:
15480. In each county If a county central
committee has chosen to select its members by election pursuant to
Section 7670 then the number of candidates for membership in a
county central committee in each for an
Assembly or supervisor district who receive the highest number of
votes shall be declared elected. However, a candidate for
membership shall not be declared elected unless he or she has
received votes equal in number to the minimum number of signatures to
the nomination paper which would have been required to place his or
her name on the direct primary ballot as a candidate for member of a
committee.
SEC. 109. Section 15490 of the
Elections Code is amended to read:
15490. In each
county If a county central committee has chosen to
select its members by election pursuant to Section 7750 then
the number of candidates for member of central committees to be
elected in each central committee election district who receive the
highest number of votes shall be declared elected. The names and
votes of all nominees for partisan public office qualified for
central committees membership pursuant to Section 7755 shall be
excluded from the list of candidates for member of central committees
and disregarded in the determination of the candidates with the
highest number of votes.
No write-in candidate for member of central committees shall be
declared elected, however, unless that candidate has received a
number of votes equal to or greater than 2 percent of the number of
party members voting in the central committee election district at
the direct primary, or 20 votes, whichever is less.
SECTION 1. Section 13305 of the Elections Code
is repealed.