BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1043|
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THIRD READING
Bill No: SB 1043
Author: Torres (D)
Amended: As introduced
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMM. : 5-0, 4/22/14
AYES: Torres, Anderson, Hancock, Jackson, Padilla
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/5/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Steinberg
NO VOTE RECORDED: Padilla
SUBJECT : Elections: in-lieu-filing fee and political party
qualification
petitions: penal provision
SOURCE : Secretary of State
DIGEST : This bill provides that any person found guilty of
fraudulently circulating an in-lieu-filing fee petition, or
political party qualification petition be subject to the same
penal provisions as a person found guilty of other forms of
petition fraud.
ANALYSIS :
Existing law:
1. Defines "party" as a political party or organization that has
qualified for participation in any primary election.
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2. Specifies that every person charged with the performance of
any duty under any law of this state relating to elections,
who willfully neglects or refuses to perform it, or who, in
his/her official capacity, knowingly and fraudulently acts in
contravention or violation of any of those laws, is, unless a
different punishment is prescribed by law, punishable by fine
not exceeding one thousand dollars ($1,000) or by
imprisonment for 16 months or two or three years, or by both
that fine and imprisonment. Specifically, these duties
include the circulation of nomination papers, declarations of
candidacy, initiatives, referendum, and recall petitions.
This bill:
1. Defines "political party qualification petition" as a
petition circulated to qualify a political party.
2. Provides that any person found guilty of fraudulently
circulating an in-lieu-filing fee petition, or political
party qualification petition be subject to the same penal
provisions as a person found guilty of other forms of
petition fraud.
Background
Petition fraud is a crime prohibited by law. Existing law sets
specific penalties for people convicted of committing fraud
involving nomination papers, declarations of candidacy,
initiatives, referenda, and recall petitions. However,
in-lieu-filing-fee petitions and political party qualification
petitions are not specifically listed in the penalty provisions
of the Elections Code.
This lack of clarity has impacted recent Secretary of State
investigations. Though there was evidence in two recent cases
indicating a person had committed petition fraud, convictions
using these penalty provisions could not be obtained because the
law does not specifically address the kind of petition in
question in those cases.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
No additional state costs to the Secretary of State (General
Fund).
Unknown, non-reimbursable local enforcement costs (Local
Fund).
SUPPORT : (Verified 5/5/14)
Secretary of State (source)
California Association of Clerks and Election Officials
RM:d 5/7/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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