BILL NUMBER: SB 1272 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Kehoe
FEBRUARY 23, 2012
An act to amend Sections 7206, 7225, 7226, 7228, 7242, 7404, 7420,
7421, 7423, 7443, 7643, 7652, 7670, 7671, 7673, 7680, 7692, 7750,
7751, 7755, 7770, 7771, 7772, 7772.1, 7780, 7800, 7840, 7850, 7857,
and 7882 of, and to add Sections 7230, 7425, 7675, and 7784 to, the
Elections Code, relating to political party organization.
LEGISLATIVE COUNSEL'S DIGEST
SB 1272, as introduced, Kehoe. Political party organization:
county central committees.
Existing law establishes the political party organization of the
Democratic Party of California, the California Republican Party, the
American Independent Party of California, and the Peace and Freedom
Party of California. Existing law requires the members of a county
central committee of each of those parties be elected in each county
at every statewide direct primary election.
This bill would delete the requirement that those members be
elected at every statewide direct primary election and instead would
permit those members to be elected at every presidential primary
election. This bill would also specify that a county central
committee of any of those parties, in accordance with the rules and
regulations adopted by the committee, may select its members at any
time by holding a caucus or convention, or by using any other method
of selection approved by the committee.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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 to this
committee in the next direct presidential
primary.
SEC. 2. Section 7225 of the Elections Code is amended to read:
7225. At every direct presidential
primary election , a county central committee
shall may be elected in each county.
SEC. 3. Section 7226 of the Elections Code is amended to read:
7226. The elections official, no later than January 31 preceding
the direct presidential 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. 4. Section 7228 of the Elections Code is amended to read:
7228. If the elections official, on the 73rd day prior to the
direct presidential primary election,
finds that the number of candidates nominated for election to a
committee from an Assembly or supervisorial district does not exceed
the number of candidates to be elected 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 shall declare elected 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. 5. Section 7230 is added to the Elections Code, to read:
7230. Notwithstanding any other provision of law, a county
central committee, in accordance with the rules and regulations
adopted by the committee, may select its members at any time by
holding a caucus or convention, or by using any other method of
selection approved by the committee.
SEC. 6. Section 7242 of the Elections Code is amended to read:
7242. The committees shall perform any 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 election at the
succeeding direct presidential primary
, or the selection pursuant to Section 7230, and
qualification of the members of the new committees.
SEC. 7. 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 in the next
direct presidential 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
fewer 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. 8. Section 7420 of the Elections Code is amended to read:
7420. (a) At every statewide direct
presidential primary election, a member shall
may be elected to a county central committee to
replace a member whose term is expiring.
(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 in a newly numbered
district at the next election even though his or her current term of
office has not expired. If a person is elected 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. 9. Section 7421 of the Elections Code is amended to read:
7421. The elections official, no later than January 31 preceding
the direct presidential 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. 10. Section 7423 of the Elections Code is amended to read:
7423. If the elections official, on the 73rd day prior to the
direct presidential primary election,
finds that the number of candidates nominated for election to a
committee from an Assembly or supervisorial district does not exceed
the number of candidates to be elected 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 shall
declare elected 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. 11. Section 7425 is added to the Elections Code, to read:
7425. Notwithstanding any other provision of law, a county
central committee, in accordance with the rules and regulations
adopted by the committee, may select its members at any time by
holding a caucus or convention, or by using any other method of
selection approved by the committee.
SEC. 12. Section 7443 of the Elections Code is amended to read:
7443. The committees shall perform any other duties and services
for this political party as seem to be for the benefit of the party.
Members of a county central committee may serve after the expiration
date of their terms until the election , or the selection
pursuant to Section 7425, and qualification of the new members
replacing them on the county central committees.
SEC. 13. Section 7643 of the Elections Code is amended to read:
7643. This committee shall conduct party campaigns for this party
and in behalf of the candidates of this party. It shall appoint
committees and appoint and employ campaign directors and perfect
whatever campaign organizations it deems suitable or desirable and
for the best interest of the party.
This committee shall have power to appoint interim county central
committees in all counties in which the voters have not elected one
or more county central committee members in the direct
presidential primary preceding the organization
of this committee. Persons appointed to interim county central
committees pursuant to this section shall meet the qualifications
otherwise required by Chapter 4 (commencing with Section 7650) for
appointees to fill vacancies on county central committees. Notice of
all appointments pursuant to this section shall be filed by the state
central committee with the elections official of the county for
which that interim county central committee is appointed. Interim
county central committees appointed pursuant to this section shall
have all of the powers and privileges afforded county central
committees by the provisions of Chapter 4 (commencing with Section
7650), but members of interim county central committees shall not be
designated as incumbents on the ballot in the succeeding primary
election.
SEC. 14. 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
presidential primary.
SEC. 15. Section 7670 of the Elections Code is amended to read:
7670. At every direct presidential
primary election , a county central committee
shall may be elected in each county.
SEC. 16. Section 7671 of the Elections Code is amended to read:
7671. The Secretary of State, no later than 125 days before the
direct presidential primary, shall
compute the number of members of central committees to be elected 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. 17. Section 7673 of the Elections Code is amended to read:
7673. If the elections official, on the 73rd day prior to the
direct presidential primary election,
finds that the number of candidates nominated for election to a
committee from an Assembly or supervisor district does not exceed the
number of candidates to be elected 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 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 7675 is added to the Elections Code, to read:
7675. Notwithstanding any other provision of law, a county
central committee, in accordance with the rules and regulations
adopted by the committee, may select its members at any time by
holding a caucus or convention, or by using any other method of
selection approved by the committee.
SEC. 19. 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, on the second Tuesday in July
following the direct presidential
primary election, 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. 20. 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 election at the
succeeding direct presidential primary
, or the selection pursuant to Section 7675, and
qualification of the members of the new committees.
SEC. 21. Section 7750 of the Elections Code is amended to read:
7750. At each direct presidential
primary election, members of central committees shall
may be elected in each county.
SEC. 22. Section 7751 of the Elections Code is amended to read:
7751. For the purposes of this chapter, the registration figures
used shall be those taken from the statement of voters and their
political affiliations transmitted by the elections officials to the
Secretary of State on the 135th day prior to the next direct
presidential primary election.
SEC. 23. Section 7755 of the Elections Code is amended to read:
7755. Each person receiving a Peace and Freedom Party nomination
for any partisan public office at the preceding direct
presidential primary election or at any special
election subsequent thereto shall be declared elected as a member of
central committees. Any members elected pursuant to this section
shall be in addition to the number a county is entitled to elect
pursuant to Section 7752.
SEC. 24. Section 7770 of the Elections Code is amended to read:
7770. The state party chairperson, no later than the 135th day
before the direct presidential primary
election, shall notify the Secretary of State whether or not a county
central committee election 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. 25. Section 7771 of the Elections Code is amended to read:
7771. The elections official, no later than the 115th day before
the direct presidential primary
election, shall compute the number of members of central committees
to be elected in each supervisorial or Assembly district if the
election of the members is to be by supervisorial or Assembly
district pursuant to this chapter.
SEC. 26. Section 7772 of the Elections Code is amended to read:
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 presidential primary ballot as a
candidate for the Peace and Freedom Party nomination to a partisan
public office.
SEC. 27. Section 7772.1 of the Elections Code is amended to read:
7772.1. Notwithstanding any other provision of law, if the
elections official, on the 73rd day prior to the direct
presidential primary election, finds that the
number of candidates nominated for election to a central committee
from any election jurisdiction does not exceed the number to be
elected 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 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.
SEC. 28. Section 7780 of the Elections Code is amended to read:
7780. The office of member of central committees shall
may be placed on the direct
presidential 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 presidential
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. 29. Section 7784 is added to the Elections Code, to read:
7784. Notwithstanding any other provision of law, a county
central committee, in accordance with the rules and regulations
adopted by the committee, may select its members at any time by
holding a caucus or convention, or by using any other method of
selection approved by the committee.
SEC. 30. 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 at the most recent
direct presidential primary election or
selected pursuant to Section 7784 .
SEC. 31. 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
presidential primary election preceding the organization of
this committee.
(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 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. 32. Section 7850 of the Elections Code is amended to read:
7850. At its first meeting on the second Tuesday in July
following the direct presidential
primary election and at subsequent meetings, a county central
committee, in its sole discretion, may appoint any additional members
to the county central committee as it may desire.
SEC. 33. Section 7857 of the Elections Code is amended to read:
7857. If no members of central committees have been elected in a
county at the preceding direct presidential
primary election or selected in a county pursuant to
Section 7784, 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. 34. 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
presidential primary election or pursuant to Section
7784 .