California Legislature—2013–14 Regular Session

Assembly Bill No. 1768

Introduced by Assembly Member Fong

February 14, 2014

An act to amend Section 8040 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1768, as introduced, Fong. Declaration of candidacy: residence address.

Existing law requires a candidate for public office to file a declaration of candidacy that contains, among other things, the residence address of the candidate. Existing law provides that a candidate for judicial office is not required to state his or her residence address on a declaration of candidacy. Existing law requires an elections official to verify whether a candidate’s residence address is within the appropriate political subdivision and add a specified notation on the declaration of candidacy if the candidate does not state his or her residence address on the declaration. Existing law provides specified procedures to make a voter’s registration information confidential, including a voter’s residence address.

This bill would also exempt from the requirement to state a residence address on a declaration of candidacy a candidate for any office whose voter registration information is confidential, as specified. Because the bill would impose new duties on local elections officials, the bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 8040 of the Elections Code is amended
to read:

8040.  

(a) The declaration of candidacy by a candidate shall
be substantially as follows:

 

DECLARATION OF CANDIDACY

I hereby declare myself a candidate for nomination to the office of ________ District Number ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:  My name is    .  I want my name and occupational designation to appear on the ballot as follows: ______________________________________.

Addresses: Residence                  Business                  Mailing

Telephone numbers: Day _________ Evening _________

Web site: _______________________________________

I meet the statutory and constitutional qualifications for this office (including, but not limited to, citizenship, residency, and party preference, if required).

I am at present an incumbent of the following public office

(if any) __________.

If nominated, I will accept the nomination and not withdraw.

Signature of candidate

 

 

A candidate for voter-nominated office shall also complete all of the following:
1. I hereby certify that:
(a) At the time of presentation of this declaration, as shown by my current affidavit of registration, I have disclosed the following political party preference, if any:    .
(b) My complete voter registration and party affiliation/preference history, from [10 years prior to current year] through the date of signing this document, is as follows:
Party Registration	County	Timeframe (by year)
(2) Pursuant to Section 8002.5 of the Elections Code, select one of the following:
______ Party Preference: _____________________ (insert the name of the qualified political party as disclosed upon your affidavit of registration).
______ Party Preference: None (if you have declined to disclose a preference for a qualified political party upon your affidavit of registration).
		Dated this ___ day of _____, 20___.
		Signature of candidate

 

 

State of California	)
County of	) ss.
	)

 

 

Subscribed and sworn to before me this ___ day of ________, 20____.

Notary Public (or other official)

Examined and certified by me this ________ day of ________, 20____.

County Elections Official

WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any declaration of candidacy in his or her possession which is entitled to be filed under the provisions of the Elections Code Section 18202.

 

(b) A candidate for a judicial office begin delete may end delete begin insert , or a candidate for any
office whose voter registration information is confidential end insert begin insert under
Section 2166, 2166.5, or 2166.7, shall end insert not be required to state his
or her begin delete residential end delete begin insert residence end insert address on the declaration of candidacy.
begin delete However, in cases where the end delete begin insert If a end insert candidate does not state his or
her begin delete residential end delete begin insert residence end insert address on the declaration of candidacy,
the elections official shall verify whether begin delete his or her end delete begin insert the candidate’s end insert
address is within the appropriate political subdivision and add the
notation “verified” where appropriate begin insert on the declaration end insert .

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.