Senate Bill No. 1043

Introduced by Senator Torres

February 18, 2014

An act to amend Sections 5100, 18201, 18202, 18203, 18204, 18600, 18601, 18603, 18604, 18610, 18611, 18612, 18613, 18614, 18620, 18621, 18622, 18630, 18631, 18640, 18650, 18660, and 18661 of, and to add Section 338.5 to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1043, as introduced, Torres. Elections: in-lieu-filing fee and political party qualification petitions: penal provisions.

Existing law authorizes a party to qualify to participate in any primary election if specified requirements are met, including the filing with the Secretary of State a petition signed by voters declaring that the voters represent a proposed party desiring to participate in that primary election.

This bill would define the term “political party qualification petition” for these purposes to mean a petition circulated to qualify a political party in accordance with existing procedures.

Existing law provides that a person committing specified activities relating to the circulation, subscription, or signature of an initiative, referendum, or recall petition is guilty of a misdemeanor or felony or subject to a fine or imprisonment or both that fine and imprisonment.

This bill would additionally provide that a person committing these specified activities in relation to the circulation, subscription, or signature of a political party qualification petition would be subject to the above penal provisions.

Existing law authorizes a candidate to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. Existing law also provides that any person who commits specified fraudulent or deliberate activities relating to the filing of any nomination paper or declaration of candidacy is guilty of a misdemeanor or subject to a fine or imprisonment, or both that fine and imprisonment.

This bill would additionally provide that a person committing these specified activities in relation to the submission of an in-lieu-filing fee petition would be subject to the penal provisions specified above. By creating additional crimes, this bill would impose 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 no reimbursement is required by this act for a specified reason.

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 338.5 is added to the Elections Code, to
read:

338.5.  

“Political party qualification petition” means a petition
circulated to qualify a political party in accordance with Division
5 (commencing with Section 5000).

SEC. 2.  

Section 5100 of the Elections Code is amended to read:

5100.  

A party is qualified to participate in any primary election
under any of the following conditions:

(a) If at the last preceding gubernatorial election there was polled
for any one of its candidates for any office voted on throughout
the state, at least 2 percent of the entire vote of the state.

(b) If on or before the 135th day before any primary election,
it appears to the Secretary of State, as a result of examining and
totaling the statement of voters and their political affiliations
transmitted to him or her by the county elections officials, that
voters equal in number to at least 1 percent of the entire vote of
the state at the last preceding gubernatorial election have declared
their intention to affiliate with that party.

(c) If on or before the 135th day before any primary election,
there is filed with the Secretary of State a begin insert political party
qualification end insert petition signed by voters, equal in number to at least
10 percent of the entire vote of the state at the last preceding
gubernatorial election, declaring that begin delete they end delete begin insert the voters signing the
petition end insert represent a proposed party, the name of which shall be
stated in the petition, which proposed party those voters desire to
have participate in that primary election. This petition shall be
circulated, signed, verified and the signatures of the voters on it
shall be certified to and transmitted to the Secretary of State by
the county elections officials substantially as provided for initiative
petitions. Each page of the petition shall bear a caption in 18-point
boldface type, which caption shall be the name of the proposed
party followed by the words “Petition to participate in the primary
election.”

SEC. 3.  

Section 18201 of the Elections Code is amended to
read:

18201.  

Any person who falsely makes or fraudulently defaces
or destroys all or any part of a nomination paper begin insert or an
in-lieu-filing-fee petition end insert , is punishable by a fine not exceeding
one thousand dollars ($1,000) or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years or by both that fine and imprisonment.

SEC. 4.  

Section 18202 of the Elections Code is amended to
read:

18202.  

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 nomination paper begin insert , in-lieu-filing-fee
petition, end insert or declaration of candidacy in his or her possession that
is entitled to be filed under this code.

SEC. 5.  

Section 18203 of the Elections Code is amended to
read:

18203.  

Any person who files or submits for filing a nomination
paper begin insert , in-lieu-filing-fee petition, end insert or declaration of candidacy
knowing that it or any part of it has been made falsely is punishable
by a fine not exceeding one thousand dollars ($1,000) or by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years or by both that
fine and imprisonment.

SEC. 6.  

Section 18204 of the Elections Code is amended to
read:

18204.  

Any person who willfully suppresses all or any part of
a nomination paper begin insert , in-lieu-filing-fee petition, end insert or declaration of
candidacy either before or after filing is punishable by a fine not
exceeding one thousand dollars ($1,000) or by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
16 months or two or three years or by both that fine and
imprisonment.

SEC. 7.  

Section 18600 of the Elections Code is amended to
read:

18600.  

Every person is guilty of a misdemeanor who:

(a) Circulating, as principal or agent, or having charge or control
of the circulation of, or obtaining signatures to, any state or local
initiative, referendum begin delete or end delete begin insert , end insert recall begin delete petition end delete begin insert , or political party
qualification petition end insert , intentionally misrepresents or intentionally
makes any false statement concerning the contents, purport or
effect of the petition to any person who signs, or who desires to
sign, or who is requested to sign, or who makes inquiries with
reference to it, or to whom it is presented for his or her signature.

(b) Willfully and knowingly circulates, publishes, or exhibits
any false statement or misrepresentation concerning the contents,
purport or effect of any state or local initiative, referendum, begin delete or end delete
recall begin delete petition end delete begin insert , end insert begin insert or political party qualification petition end insert for the
purpose of obtaining any signature to, or persuading or influencing
any person to sign, that petition.

(c) Circulating, as principal or agent, or having charge or control
of the circulation of, or obtaining signatures to, any state or local
initiative, begin insert or political party qualification petition end insert intentionally
makes any false statement in response to any inquiry by any voter
as to whether he or she is a paid signature gatherer or a volunteer.

SEC. 8.  

Section 18601 of the Elections Code is amended to
read:

18601.  

Any person working for the proponent or proponents
of an initiative or referendum measure begin delete or end delete begin insert , end insert recall petition begin insert , end insert begin insert or
political party qualification petition end insert who refuses to allow a
prospective signer to read the measure or petition is guilty of a
misdemeanor.

An arrest or conviction pursuant to this section shall not
invalidate or otherwise affect the validity of any signature obtained
by the person arrested or convicted.

SEC. 9.  

Section 18603 of the Elections Code is amended to
read:

18603.  

Every person who offers or gives money or other
valuable consideration to another in exchange for his or her
signature on a state, county, municipal, or district initiative,
referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or political party qualification
petition end insert is guilty of a misdemeanor.

SEC. 10.  

Section 18604 of the Elections Code is amended to
read:

18604.  

Upon conviction of a violation of any provision of this
article, Article 2 (commencing with Section 18610), Article 3
(commencing with Section 18620), Article 5 (commencing with
Section 18640), Article 6 (commencing with Section 18650), or
Article 7 (commencing with Section 18660), the court may order
as a condition of probation that the convicted person be prohibited
from receiving money or other valuable consideration for gathering
signatures on an initiative, referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or
political party qualification petition end insert .

SEC. 11.  

Section 18610 of the Elections Code is amended to
read:

18610.  

Every person who solicits any circulator to affix to any
initiative, referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or political party
qualification petition end insert any false or forged signature, or to cause or
permit a false or forged signature to be affixed, is guilty of a
misdemeanor.

SEC. 12.  

Section 18611 of the Elections Code is amended to
read:

18611.  

Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year,
or by both that fine and imprisonment, who circulates or causes
to be circulated any initiative, referendum, begin delete or end delete recall begin delete petition end delete , begin insert or
political party qualification petition, end insert knowing it to contain false,
forged, or fictitious names.

SEC. 13.  

Section 18612 of the Elections Code is amended to
read:

18612.  

Every person is guilty of a misdemeanor who knowingly
signs his or her own name more than once to any initiative,
referendum, begin delete or end delete recall begin delete petition end delete , begin insert or political party qualification
petition, end insert or signs his or her name to that petition knowing himself
or herself at the time of signing not to be qualified to sign it.

SEC. 14.  

Section 18613 of the Elections Code is amended to
read:

18613.  

Every person who subscribes to any initiative,
referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or political party qualification
petition end insert a fictitious name, or who subscribes thereto the name of
another, or who causes another to subscribe such a name to that
petition, is guilty of a felony and is punishable by imprisonment
pursuant to subdivision (h) of Section 1170 of the Penal Code for
two, three, or four years.

SEC. 15.  

Section 18614 of the Elections Code is amended to
read:

18614.  

Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year,
or by both that fine and imprisonment, who files in the office of
the elections official or other officer designated by law to receive
the filing, any initiative, referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or political
party qualification petition end insert to which is attached, appended or
subscribed any signature which the person filing the petition begin insert or
measure end insert knows to be false or fraudulent or not the genuine
signature of the person whose name it purports to be.

SEC. 16.  

Section 18620 of the Elections Code is amended to
read:

18620.  

Every person who seeks, solicits, bargains for, or
obtains any money, thing of value, or advantage of or from any
person, firm, or corporation for the purpose or represented purpose
of fraudulently inducing, persuading, or seeking the proponent or
proponents of any initiative or referendum measure begin delete or end delete begin insert , end insert recall
petition begin insert , end insert begin insert or political party qualification petition end insert to (a) abandon the
measure or petition, (b) fail, neglect, or refuse to file in the office
of the elections official or other officer designated by law, within
the time required by law, the initiative or referendum measure begin delete or end delete begin insert , end insert
recall petition begin insert , end insert begin insert or political party qualification petition end insert after securing
the number of signatures required to qualify the measure or
petition, (c) stop the circulation of the initiative or referendum
measure begin delete or end delete begin insert , end insert recall petition, begin insert or political party qualification petition, end insert
or (d) perform any act that will prevent or aid in preventing the
initiative or referendum measure begin delete or end delete begin insert , end insert recall petition begin insert , end insert begin insert or political
party qualification petition end insert from qualifying as an initiative or
referendum measure, or the recall petition from resulting in a recall
election, begin insert or political party qualification petition from qualifying
a party end insert is punishable by a fine not exceeding five thousand dollars
($5,000), or by imprisonment pursuant to subdivision (h) of Section
1170 of the Penal Code for 16 months or two or three years, or in
a county jail not exceeding one year, or by both that fine and
imprisonment.

SEC. 17.  

Section 18621 of the Elections Code is amended to
read:

18621.  

Any proponent of an initiative or referendum measure
begin delete or end delete begin insert , end insert recall petition begin insert , end insert begin insert or political party qualification petition end insert who
seeks, solicits, bargains for, or obtains any money or thing of value
of or from any person, firm, or corporation for the purpose of
abandoning the same or stopping the circulation of petitions
concerning the same, or failing or neglecting or refusing to file the
measure or petition in the office of the elections official or other
officer designated by law within the time required by law after
obtaining the number of signatures required under the law to
qualify the measure or petition, or performing any act that will
prevent or aid in preventing the initiative, referendum begin delete or end delete begin insert , end insert recall begin insert ,
or political party end insert proposed from qualifying as an initiative or
referendum measure, begin delete or end delete resulting in a recall election begin insert , or qualifying
as a political party by a political party qualification petition end insert is
punishable by a fine not exceeding five thousand dollars ($5,000)
or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.

SEC. 18.  

Section 18622 of the Elections Code is amended to
read:

18622.  

Every person who offers to buy or does buy from a
circulator any referendum, initiative, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or political
party qualification petition end insert on which one or more persons have
affixed their signatures is guilty of a misdemeanor punishable by
imprisonment in the county jail for not more than one year, or by
a fine not exceeding one thousand dollars ($1,000), or both. This
section is not intended to prohibit compensation of a circulator,
for his or her services, by a proponent of the petition or his or her
agent.

SEC. 19.  

Section 18630 of the Elections Code is amended to
read:

18630.  

Every person who threatens to commit an assault or
battery on a person circulating a referendum, initiative, begin delete or end delete recall
begin delete petition end delete begin insert , end insert begin insert or political party qualification petition end insert or on a relative
of a person circulating a referendum, initiative, begin delete or end delete recall begin delete petition end delete begin insert , end insert
begin insert or political party qualification petition end insert or to inflict damage on the
property of the circulator or the relative, with the intent to dissuade
the circulator from circulating the petition or in retribution for the
circulation, is guilty of a misdemeanor.

SEC. 20.  

Section 18631 of the Elections Code is amended to
read:

18631.  

Every person who forcibly or by stealth takes from the
possession of a circulator any initiative, referendum, begin delete or end delete recall
begin delete petition end delete begin insert , end insert begin insert or political party qualification petition end insert on which one or
more persons have affixed their signatures is guilty of a
misdemeanor.

SEC. 21.  

Section 18640 of the Elections Code is amended to
read:

18640.  

Any person working for the proponent or proponents
of an initiative or referendum measure begin delete or end delete begin insert , or a end insert recall begin delete petition end delete begin insert or
political party qualification petition, end insert who solicits signatures to
qualify the measure or petition and accepts any payment therefor
and who fails to surrender the measure or petition to the proponents
thereof for filing is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year,
or by both that fine and imprisonment.

SEC. 22.  

Section 18650 of the Elections Code is amended to
read:

18650.  

No one shall knowingly or willfully permit the list of
signatures on an initiative, referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or
political party qualification petition end insert to be used for any purpose
other than qualification of the initiative or referendum measure or
recall question for the ballot begin insert or political party end insert , except as provided
in Section 6253.5 of the Government Code. Violation of this
section is a misdemeanor.

SEC. 23.  

Section 18660 of the Elections Code is amended to
read:

18660.  

Every person is punishable by a fine not exceeding five
thousand dollars ($5,000), or by imprisonment pursuant to
subdivision (h) of Section 1170 of the Penal Code for 16 months
or two or three years, or in a county jail not exceeding one year,
or by both that fine and imprisonment, who makes any false
affidavit concerning any initiative, referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert
begin insert or political party qualification petition end insert or the signatures appended
thereto.

SEC. 24.  

Section 18661 of the Elections Code is amended to
read:

18661.  

Every public official or employee is punishable by a
fine not exceeding five thousand dollars ($5,000), or by
imprisonment pursuant to subdivision (h) of Section 1170 of the
Penal Code for 16 months or two or three years, or in a county jail
not exceeding one year, or by both that fine and imprisonment,
who knowingly makes any false return, certification or affidavit
concerning any initiative, referendum, begin delete or end delete recall begin delete petition end delete begin insert , end insert begin insert or political
party qualification petition end insert or the signatures appended thereto.

SEC. 25.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.