BILL ANALYSIS �
AB 1311
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CONCURRENCE IN SENATE AMENDMENTS
AB 1311 (Bradford)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: |57-14|(May 13, 2014) |SENATE: |34-2 |(August 21, |
| | | | | |2014) |
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Original Committee Reference: E. & R.
SUMMARY : Establishes a process for filling a vacancy in an
office that occurs after a recall petition has been filed
against the vacating officer and clarifies provisions of law
related to voter registration assistance for a conservatee.
Specifically, this bill :
1)Requires the elections official or officials to verify the
signatures on the recall petition that have been submitted as
of the date of the vacancy.
2)Provides that if a sufficient number of signatures have been
filed for the recall to qualify as of the date of the vacancy,
the recall election shall proceed.
3)Provides that if an insufficient number of signatures or no
signatures were filed for the recall to qualify as of the date
of the vacancy, the recall shall not proceed and the vacancy
shall be filled as provided by law.
4)Provides that a person who is the subject of a recall petition
may not be appointed to fill the vacancy in the office that he
or she vacated nor shall that person be appointed to fill any
other vacancy in office on the same governing board for the
duration of the term of office of the seat that he or she
vacated.
The Senate amendments :
1)Prohibit a person, including a conservatee, from being
disqualified from voting on the basis that he or she signs the
affidavit of voter registration with mark or a cross, signs
the affidavit of voter registration with a signature stamp, or
completes the affidavit of registration with the assistance of
AB 1311
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another person.
2)Make other corresponding changes.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "Questions have arisen of
how current law would be interpreted regarding the timing of a
vacancy in an office subject to a recall. Specifically,
concerns have been raised over 'musical chairs' gamesmanship,
where someone might resign to avoid a recall moving forward then
get appointed to another vacancy on the same governing body.
Current law provides that if an elected official resigns after a
recall petition is filed with the county elections official, the
entire recall process, including the requirement that an
election be held, must proceed? AB 1311 addresses this conflict
by clarifying the process to be followed when the elected
official resigns after recall petitions have been filed with a
county elections office."
AB 2088 (Adams) of 2010 was substantially similar to the recall
related portion of this measure except that AB 2088 would have
clarified a conflict regarding the number of signatures that
need to be verified using a random sampling technique when
recall petitions are filed. AB 2088 was vetoed by Governor
Schwarzenegger. In his veto message, Governor Schwarzenegger
said that "This bill would limit an important power of direct
democracy by limiting voters' ability to recall an elected
official and elect a replacement. Unfortunately recall efforts
can become punitive rather than a constructive effort to replace
an officeholder; however, the recall process as a whole is an
important component of the people's right to directly change
their government. Under the provisions of this bill, an
official subject to a recall could resign and allow a successor
to take their place. This limits the ability of the voters to
select the replacement through a recall election."
The Senate amendments add language to the bill related to voter
registration assistance for a conservatee. Specifically, the
amendments prohibit a person, including a conservatee, from
being disqualified from voting on the basis that he or she signs
the affidavit of voter registration with mark or a cross, signs
the affidavit of voter registration with a signature stamp, or
completes the affidavit of registration with the assistance of
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another person. These provisions of this bill have not been
heard in an Assembly policy committee.
Analysis Prepared by : Nichole Becker & Lori Barber / E. & R.
/ (916) 319-2094
FN: 0005170