BILL ANALYSIS �
AB 2233
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ASSEMBLY THIRD READING
AB 2233 (Donnelly)
As Amended May 13, 2014
Majority vote
ELECTIONS 5-0
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|Ayes:|Fong, Donnelly, Bonta, | | |
| |Hall, Perea | | |
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| | | | |
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SUMMARY : Reduces the number of signatures that a candidate
needs at a special vacancy election on a petition in lieu of
paying a filing fee in proportion to any reduction in the amount
of time to collect signatures. Specifically, this bill :
1)Provides that if the number of days for a candidate to collect
signatures on a petition in lieu of a filing fee for a special
election that is held to fill a vacancy is less than the
number of days that a candidate would have to collect
signatures on a petition at a regular election for the same
office, the elections official shall reduce the required
number of signatures for the petition by the same proportion
as the reduction in time for the candidate to collect
signatures.
2)Provides that an in-lieu-filing-fee petition for a special
election held to fill a vacancy in the office of
Representative in Congress, State Senator, or Assembly Member
shall require not less than 100 signatures.
FISCAL EFFECT : Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This is a simple bill that
will allow more access to special elections. Currently, the
number of signatures required in a special election are the same
amount required in a regularly scheduled election, even though
the number of days to collect those signatures is usually far
less. By dropping the number of signatures required in
proportion to the number of days a candidate has to collect
those signatures, we would be allowing the public better access
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to the ballot."
This bill affects only elections for offices for which
candidates are required to pay a filing fee, and for which a
special election is held to fill a vacancy. While local
elective bodies call special elections in some circumstances to
fill vacancies, many such vacancies are filled by appointment.
Additionally, even in cases where a special election is held,
the period for collecting signatures on in lieu petitions often
is not shortened. This bill, however, frequently will affect
special elections held to fill vacancies in the California
Legislature and in the United States House of Representatives.
When a vacancy occurs in the office of Representative to
Congress, or in either house of the California Legislature, a
special primary election can occur anywhere between 56 days and
131 days after the occurrence of the vacancy. The deadline for
filing nomination papers at a special election in these
circumstances falls 53 days before the special primary election.
In a regular election, candidates have 56 days to collect
signatures on a petition in lieu of a filing fee. Given that a
special vacancy election can occur as soon as 56 days after the
creation of the vacancy, however, the period for collecting
signatures on an in lieu petition at a special vacancy election
can be considerably shorter. In fact, because state law gives
elections officials up to five working days after a vacancy
occurs to make in lieu petitions available, it is theoretically
possible that the deadline for elections officials to make those
petitions available could fall after the deadline for candidates
to file nomination papers. In practice, however, in lieu
petitions are generally made available on the same day that the
Governor calls the special election, if not earlier, and the
deadlines for submitting in lieu petitions are adjusted as
appropriate based on the amount of time available until the
deadline for candidates to file nomination papers. In practice,
for special elections held during the 2013-14 legislative
session, candidates have had between three and 42 days to
collect signatures on in lieu petitions.
This bill would significantly reduce the number of signatures
that candidates need to receive in lieu of paying a filing fee
for some special elections, and will significantly increase the
value of each signature received for those candidates who
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collect some, but not all, of the necessary signatures. As a
result, this bill could increase the number of candidates that
run for office at special elections. Additionally, this bill
could reduce the revenue received from candidate filing fees.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0003392