BILL ANALYSIS �
AB 2766
Page 1
ASSEMBLY THIRD READING
AB 2766 (Elections and Redistricting Committee)
As Introduced April 2, 2014
Majority vote
ELECTIONS 4-0
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|Ayes:|Fong, Hall, Perea, | | |
| |Rodriguez | | |
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| | | | |
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SUMMARY : Repeals provisions of law that require county central
committee members of Democratic, Republican, and American
Independent parties, whether elected to the committee or
appointed to fill a vacancy, before entering upon the duties of
his office, to take and subscribe the oath or affirmation to
uphold the California and United States Constitutions.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : According to the author, "This is one of the Assembly
Elections & Redistricting Committee's bills, containing changes
to provisions of the Elections Code to conform state law to a
recent Superior Court ruling in Barta v. Bowen, in which the
court found that the Elections Code requirement for central
committee members to take the oath of office was
unconstitutional. The provisions of this bill are changes
requested by the Secretary of State (SOS)."
California Constitution Article XX Section 3 requires public
officials to take an oath or affirmation of office to support
and defend the California and United States Constitutions.
Additionally, existing state statute requires each county
central committee member of the Democratic, Republican, and
American Independent Party, whether elected to the committee or
appointed to fill a vacancy, to take and subscribe to the oath
or affirmation set forth in the California Constitution Article
XX Section 3, before he or she enters upon the duties of his or
her office. Current law does not include a similar loyalty oath
requirement for members of the central committee of the Peace
and Freedom Party.
AB 2766
Page 2
Last year, a lawsuit was filed against the SOS challenging the
loyalty oath requirement for political party central committee
members. In the lawsuit, the petitioner alleged that requiring
central committee members to take the oath of office found in
the California Constitution Article XX Section 3 is a violation
of the United States and California Constitutions. The
petitioner requested the court to declare Elections Code
Sections 7210, 7408, and 7655 invalid because county central
committee members are not public officeholders or employees and
consequently, they should not be required to take the oath.
Additionally, the petitioner alleged that the oath requirement
violates the associational rights of the political parties by
regulating the internal affairs of these political parties
without a compelling state interest.
The Superior Court ruled in favor of the petitioner's request
for a declaratory judgment that Elections Code Sections 7210,
7408, and 7655 are unconstitutional.
In light of the Superior Court's decision and because the SOS
concedes that Elections Code Sections 7210, 7408, and 7655 could
be considered unconstitutional, this bill repeals the loyalty
oath requirements in the Elections Code for the county central
committee members of the Democratic, Republican, and American
Independent Parties. Political parties would be free to impose
their own requirements for members of their central committees,
but the state would no longer require central committee members
to take the oath contained in the California Constitution
Article XX Section 3 before taking office.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094
FN: 0003346