BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Alex Padilla, Chair
BILL NO: AB 2766 HEARING DATE: 6/17/14
AUTHOR: Asm. E&R Committee ANALYSIS BY: Frances Tibon
Estoista
AMENDED: AS INTRODUCED
FISCAL: NO
SUBJECT
Elections: central committees: oaths
DESCRIPTION
Existing law requires public officials to take an oath or
affirmation of office to support and defend the California and
United States Constitutions.
Existing law requires and defines a public officer and employee
to include "every officer and employee of the State, including
the University of California, every county, city, city and
county, district, and authority, including any department,
division, bureau, board, commission, agency, or instrumentality
of any of the foregoing."
Existing law requires county central committee members of the
Democratic, Republican, and American Independent Parties,
whether elected to the committee or appointed to fill a vacancy,
before he or she enters upon the duties of his office, to take
and subscribe the oath or affirmation to uphold the California
and United States Constitutions.
Existing law provides that it is the right of the people to
freely exercise religion, freedom of speech and press, and to
peaceably assemble and to petition the government for redress of
grievances.
This bill repeals the 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 he or she enters upon the
duties of his office, to take and subscribe the oath or
affirmation to uphold the California and United States
Constitutions.
BACKGROUND
Loyalty Oaths : Article XX, Section 3 of the California
Constitution 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 Article
XX, Section 3 of the California Constitution, 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.
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 Article XX, Section 3 of the California Constitution 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
AB 2766 (E&R COMM)
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to take the oath contained in Article XX, Section 3 of the
California Constitution before taking office.
COMMENTS
1. 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.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 4-0
Assembly Floor: 54-22
POSITIONS
Sponsor: Author
Support: Secretary of State
Oppose: None received
AB 2766 (E&R COMM)
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