BILL ANALYSIS �
AB 1768
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Date of Hearing: April 1, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 1768 (Fong) - As Introduced: February 14, 2014
SUBJECT : Declaration of candidacy: residence address.
SUMMARY : Exempts a candidate for any office whose voter
registration information is confidential from the requirement to
state a residence address on a declaration of candidacy, as
specified. Specifically, this bill :
1)Provides that a candidate for any office whose voter
registration information is confidential shall not be required
to state his or her residence address on the declaration of
candidacy.
2)Provides that if a candidate does not state his or her
residence address on the declaration of candidacy, the
elections official shall verify whether the candidate's
address is within the appropriate political subdivision and
add the notation "verified" where appropriate on the
declaration.
EXISTING LAW:
1)Requires a candidate for public office to file a declaration
of candidacy that contains, among other things, the residence
address of the candidate.
2)Provides that a candidate for judicial office is not required
to state his or her residence address on a declaration of
candidacy.
3)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.
4)Establishes procedures to make a voter's registration
information confidential, including a voter's residence
address.
AB 1768
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FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
This measure allows candidates with confidential voter
registration records to omit their residence addresses from
the declaration of candidacy for their safety, similar to a
provision of law that already applies to candidates for
judicial office. In order to ensure that a candidate meets
all necessary residency requirements for the office that he
or she is seeking, AB 1768 requires the elections official
to verify the residence address of the candidate before
processing the declaration of candidacy.
2)Who Does This Apply To ? Existing law provides that a
candidate for judicial office is not required to state his or
her residential address on the declaration of candidacy. When
a judicial candidate does not state his or her residential
address on the declaration of candidacy, the elections
official is required to verify whether his or her address is
within the appropriate political subdivision and add the
notation of "verified" if appropriate.
This measure seeks to add any candidate whose voter
registration information is deemed "confidential," as
specified in current law, to the list of individuals who may
choose to not include their residential address when
completing their declaration of candidacy. Additionally this
measure clarifies that once the appropriate political
subdivision is "verified" this notation will be added by the
elections official to the declaration of candidacy.
3)What is Confidential Voter Registration : Existing law permits
any person who is filing a new affidavit of registration or
reregistration with the county elections official to have the
information relating to his or her residence address,
telephone number and e-mail address appearing on the
affidavit, or any list or roster or index prepared therefrom,
declared confidential upon order of a superior court issued
upon a showing of good cause that a life-threatening
circumstance exists to the voter or member of the voter's
AB 1768
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household.
Existing law also allows Safe at Home program participants to
have their voter registration information kept confidential.
The Safe at Home program, created by SB 489 (Alpert), Chapter
1005, Statutes of 1998, allows victims of domestic violence or
stalking to apply to the Secretary of State (SOS) to request
an alternate address to be used in public records. The
purpose of that program is to "enable state and local agencies
to respond to requests for public records without disclosing
the changed name or location of a victim of domestic violence
or stalking." The SOS provides a substitute, publicly
accessible address for these victims while protecting their
actual residences or locations. In 2002, the Safe at Home
program was expanded to include persons working or
volunteering in the reproductive health care field. [AB 797
(Shelley), Chapter 380, Statutes of 2002.]
Finally, subject to certain conditions, public safety officers
can have their residence address, telephone number, and e-mail
address, as it appears on their affidavit of voter
registration, made confidential by completing and submitting
an application to the county elections official and signing a
statement under penalty of perjury that a life-threatening
circumstance exists to the officer or a member of the
officer's family.
Under these programs, any individual granted confidentiality
is considered a vote by mail voter for all subsequent
elections or until the county elections official is notified
otherwise. Confidential voters are required to provide a
valid mailing address to be used in place of the residence
address for election, scholarly, or political research, and
government purposes. The elections official, in producing any
list, roster, or index may, at his or her choice, use the
valid mailing address or the word "confidential" or some
similar designation in place of the residence address.
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4)Argument in Support : The California State Sheriffs'
Association writes in support:
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, but
excludes a candidate for judicial office from the
requirement that the candidate include his or her residence
address.
Judges and judicial candidates are worthy of this
protection and we agree it should be expanded to other
deserving persons, including public safety officers. AB
1768 extends this protection to persons whose voter
registration information is confidential pursuant to
current law, which includes public safety officers under
specified conditions.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Sheriffs' Association
Opposition
None on file.
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094