Amended in Assembly August 21, 2014

Senate Bill No. 1043

Introduced by Senator Torres

February 18, 2014

An act to amend Sections 5100, begin insert 5151, end insert 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 amended, Torres. Elections: begin delete in-lieu-filing fee end delete begin insert in-lieu-filing-fee end insert 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 begin delete in-lieu-filing fee end delete begin insert in-lieu-filing-fee end insert petition would be subject to the penal provisions specified above. By creating additional crimes, this bill would impose a state-mandated local program.

begin insert

This bill would incorporate additional changes to Sections 5100 and 5151 of the Elections Code, as proposed by AB 2351, to be operative only if AB 2351 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. The bill would incorporate additional changes to Section 18621 of the Elections Code, as proposed by SB 1253, to be operative only if SB 1253 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last.

end insert

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 political party
qualification 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 the voters signing the petition
begin delete represent end delete begin insert support qualification of end insert 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, begin delete signed, verified end delete begin insert signed and verified, end insert
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.”

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 5100 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

5100.  

A party is qualified to participate in begin delete any end delete begin insert a end insert primary
election under any of the following conditions:

(a)  begin delete If at end delete begin insert (1) end insert begin insert   end insert begin insert At end insert the last preceding gubernatorial begin delete election there
was polled for any one of its candidates for any end delete begin insert primary election,
the sum of the votes cast for all of the candidates for an end insert office
voted on throughout the begin delete state, end delete begin insert state who disclosed a preference
for that party on the ballot was end insert at least 2 percent of the entire vote
of the state begin insert for that office end insert .

begin insert

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party
preference on the ballot counted toward the 2 percent qualification
threshold. If the party wishes to have votes for any candidate not
counted in support of its qualification under paragraph (1), the
party shall notify the Secretary in writing of that candidate’s name
by the 7th day prior to the gubernatorial primary election.

end insert

(b)  begin delete If on end delete begin insert On end insert or before the 135th day before begin delete any end delete begin insert a end insert primary
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their begin insert declared end insert
political begin delete affiliations end delete begin insert preference end insert transmitted to him or her by the
county elections officials, that voters equal in number to at least
begin delete 1 end delete begin insert 0.33 end insert percent of the begin delete entire vote of the state at the last preceding
gubernatorial end delete begin insert total number of voters registered on the 154th day
before the primary end insert election have declared their begin delete intention to affiliate
with end delete begin insert preference for end insert that party.

(c)  begin delete If on end delete begin insert On end insert or before the 135th day before begin delete any end delete begin insert a end insert 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 represent end delete begin insert the voters
signing the petition support qualification of end insert 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, begin delete signed, verified end delete begin insert signed and
verified, end insert 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.”

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 5151 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

5151.  

A party is qualified to participate in a presidential general
election under any of the following conditions:

(a) If the party qualified to participate and participated in the
presidential primary election preceding the presidential general
election pursuant to Section 5100.

(b) 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.

(c) If on or before the 102nd day before a presidential general
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.

(d) If on or before the 135th day before a presidential general
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 represent end delete begin insert the voters
signing the petition support qualification of end insert a proposed party, the
name of which shall be stated in the petition, which proposed party
those voters desire to have participate in that presidential general
election. This petition shall be circulated, signed, and 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 presidential general election.”

begin insert

begin insert SEC. 3.5. end insert   

end insert

begin insert Section 5151 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

5151.  

A party is qualified to participate in a presidential general
election under any of the following conditions:

(a)  begin delete If the end delete begin insert The end insert party qualified to participate and participated in
the presidential primary election preceding the presidential general
election pursuant to Section 5100.

(b)  begin delete If at end delete begin insert (1) end insert begin insert   end insert begin insert At end insert the last preceding gubernatorial begin delete election there
was polled for any one of its candidates for any end delete begin insert primary election,
the sum of the votes cast for all of the candidates for an end insert office
voted on throughout the state begin insert who disclosed a preference for that
party on the ballot was end insert at least 2 percent of the entire vote of the
state begin insert for that office end insert .

begin insert

(2) Notwithstanding paragraph (1), a party may inform the
Secretary of State that it declines to have the votes cast for any
candidate who has disclosed that party as his or her party
preference on the ballot counted toward the 2 percent qualification
threshold. If the party wishes to have votes for any candidate not
counted in support of its qualification under paragraph (1), the
party shall notify the Secretary of State in writing of that
candidate’s name by the seventh day prior to the gubernatorial
primary election.

end insert

(c)  begin delete If on end delete begin insert On end insert or before the 102nd day before a presidential general
election, it appears to the Secretary of State, as a result of
examining and totaling the statement of voters and their begin insert declared end insert
political begin delete affiliations end delete begin insert preference end insert transmitted to him or her by the
county elections officials, that voters equal in number to at least
begin delete 1 percent of the entire vote of the state at the last preceding
gubernatorial election end delete begin insert 0.33 percent of the total number of voters
registered on the 123rd day before the presidential general election end insert
have declared their begin delete intention to affiliate with end delete begin insert preference for end insert that
party.

(d)  begin delete If on end delete begin insert On end insert or before the 135th day before a presidential general
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 represent end delete begin insert the voters
signing the petition support qualification of end insert a proposed party, the
name of which shall be stated in the petition, which proposed party
those voters desire to have participate in that presidential general
election. This petition shall be circulated, signed, and 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 presidential general election.”

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 or an
in-lieu-filing-fee petition, 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 18203 of the Elections Code is amended to
read:

18203.  

Any person who files or submits for filing a nomination
paper, in-lieu-filing-fee petition, 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.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

Section 18204 of the Elections Code is amended to
read:

18204.  

Any person who willfully suppresses all or any part of
a nomination paper, in-lieu-filing-fee petition, 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.

begin delete SEC. 7. end delete
begin insert SEC. 8. end insert   

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, recall, or political party qualification
petition, 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, recall,
or political party qualification petition 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, or political party qualification petition 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.

begin delete SEC. 8. end delete
begin insert SEC. 9. end insert   

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, recall petition, or political
party qualification petition 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.

begin delete SEC. 9. end delete
begin insert SEC. 10. end insert   

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, recall, or political party qualification petition is guilty
of a misdemeanor.

begin delete SEC. 10. end delete
begin insert SEC. 11. end insert   

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, recall, or political party
qualification petition.

begin delete SEC. 11. end delete
begin insert SEC. 12. end insert   

Section 18610 of the Elections Code is amended to
read:

18610.  

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

begin delete SEC. 12. end delete
begin insert SEC. 13. end insert   

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, recall, or political party
qualification petition, knowing it to contain false, forged, or
fictitious names.

begin delete SEC. 13. end delete
begin insert SEC. 14. end insert   

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, recall, or political party qualification petition, 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.

begin delete SEC. 14. end delete
begin insert SEC. 15. end insert   

Section 18613 of the Elections Code is amended to
read:

18613.  

Every person who subscribes to any initiative,
referendum, recall, or political party qualification petition 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.

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

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, recall, or political party
qualification petition to which is attached, appended begin insert , end insert or subscribed
any signature which the person filing the petition or measure knows
to be false or fraudulent or not the genuine signature of the person
whose name it purports to be.

begin delete SEC. 16. end delete
begin insert SEC. 17. end insert   

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, recall petition,
or political party qualification petition 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, recall
petition, or political party qualification petition after securing the
number of signatures required to qualify the measure or petition,
(c) stop the circulation of the initiative or referendum measure,
recall petition, or political party qualification petition, or (d)
perform any act that will prevent or aid in preventing the initiative
or referendum measure, recall petition, or political party
qualification petition from qualifying as an initiative or referendum
measure, or the recall petition from resulting in a recall election,
or political party qualification petition from qualifying a party 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.

begin delete SEC. 17. end delete
begin insert SEC. 18. end insert   

Section 18621 of the Elections Code is amended to
read:

18621.  

Any proponent of an initiative or referendum measure,
recall petition, or political party qualification petition 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, recall, or political party
proposed from qualifying as an initiative or referendum measure,
resulting in a recall election, or qualifying as a political party by
a political party qualification petition 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.

begin insert

begin insert SEC. 18.5 end insert begin insert . end insert   

end insert

begin insert Section 18621 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

18621.  

Any proponent of an initiative or referendum begin delete measure
or recall end delete begin insert measure, recall petition, or political party qualification end insert
petition 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 begin insert withdrawing an initiative petition
after filing it with the appropriate elections official, or end insert performing
any act that will prevent or aid in preventing the initiative,
begin delete referendum or recall end delete begin insert referendum, recall, or political party end insert proposed
from qualifying as an initiative or referendum measure, begin delete or end delete resulting
in a recall begin delete election end delete begin insert election, 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.

begin delete SEC. 18. end delete
begin insert SEC. 19. end insert   

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, recall, or political party
qualification petition 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.

begin delete SEC. 19. end delete
begin insert SEC. 20. end insert   

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, recall, or
political party qualification petition or on a relative of a person
circulating a referendum, initiative, recall, or political party
qualification petition 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.

begin delete SEC. 20. end delete
begin insert SEC. 21. end insert   

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, recall, or
political party qualification petition on which one or more persons
have affixed their signatures is guilty of a misdemeanor.

begin delete SEC. 21. end delete
begin insert SEC. 22. end insert   

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, or a recall or political party
qualification petition, 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.

begin delete SEC. 22. end delete
begin insert SEC. 23. end insert   

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, recall, or political party
qualification petition to be used for any purpose other than
qualification of the initiative or referendum measure or recall
question for the ballot or political party, except as provided in
Section 6253.5 of the Government Code. Violation of this section
is a misdemeanor.

begin delete SEC. 23. end delete
begin insert SEC. 24. end insert   

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, recall, or political
party qualification petition or the signatures appended thereto.

begin delete SEC. 24. end delete
begin insert SEC. 25. end insert   

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, recall, or political party
qualification petition or the signatures appended thereto.

begin insert

begin insert SEC. 26. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert Section 2.5 of this bill incorporates amendments
to Section 5100 of the Elections Code proposed by both this bill
and Assembly Bill 2351. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 5100 of the Elections Code,
and (3) this bill is enacted after Assembly Bill 2351, in which case
Section 2 of this bill shall not become operative. end insert

begin insert (b) end insert begin insert   end insert begin insert Section 3.5 of this bill incorporates amendments to Section
5151 of the Elections Code proposed by both this bill and Assembly
Bill 2351. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 5151 of the Elections Code, and (3) this
bill is enacted after Assembly Bill 2351, in which case Section 3
of this bill shall not become operative. end insert

begin insert

(c) Section 18.5 of this bill incorporates amendments to Section
18621 of the Elections Code proposed by both this bill and Senate
Bill 1253. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2015, (2)
each bill amends Section 18621 of the Elections Code, and (3) this
bill is enacted after Senate Bill 1253, in which case Section 18 of
this bill shall not become operative.

end insert

begin delete SEC. 25. end delete
begin insert SEC. 27. end insert   

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.