BILL ANALYSIS �
SB 1043
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Date of Hearing: June 10, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 1043 (Torres) - As Introduced: February 18, 2014
SENATE VOTE : 36-0
SUBJECT : Elections: in-lieu-filing fee and political party
qualification petitions: penal provisions.
SUMMARY : Provides that a person who is found guilty of fraud
within the context of circulating or filing of an in-lieu-filing
fee petition or political party qualification petition is
subject to the same penalties as a person found guilty of other
forms of petition fraud. Specifically, this bill :
1)Defines the term "political party qualification petition" to
mean a petition circulated to qualify a political party.
2)Provides that a person who is found guilty of fraudulently
circulating an in-lieu-filing fee petition or political party
qualification petition is subject to the same penalties as a
person found guilty of other forms of petition fraud.
EXISTING LAW
1)Defines "party" as a political party or organization that has
qualified for participation in any primary or presidential
general election.
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 a
fine not exceeding five thousand dollars ($5,000) 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, and initiative, referendum, and recall petitions.
3)Makes it a crime, subject to various criminal penalties, to
engage in specified misconduct in connection with the
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circulation of nomination papers, declarations of candidacy,
and initiative, referendum, and recall petitions, including
the following:
a) Defacing or destroying papers or petitions;
b) Failing to file papers or petitions;
c) Knowingly submitting false papers or petitions;
d) Intentionally misrepresenting the contents of papers or
petitions;
e) Giving another person money or other valuable
consideration in exchange for that person's signature on
papers or petitions;
f) Signing fictitious names to papers or petitions; and,
g) Making false certifications or affidavits concerning
papers or petitions.
1)Provides that a candidate may submit a petition containing
signatures of registered voters in lieu of paying a filing fee
as follows:
a) For the office of California State Assembly, 1,500
signatures;
b) For the office of California State Senate and the United
States House of Representatives, 3,000 signatures;
c) For candidates running for statewide office, 10,000
signatures; and,
d) For all other offices for which a filing fee is
required, if the number of registered voters in the
district in which he or she seeks nomination is 2,000 or
more, a candidate may submit a petition containing four
signatures of registered voters for each dollar of the
filing fee, or 10 percent of the total of registered voters
in the district in which he or she seeks nomination,
whichever is less.
2)Provides that a party is qualified to participate in any
primary election under any of the following conditions:
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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 two 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 (SOS), 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 one percent of the entire vote of the
state at the last preceding gubernatorial election have
declared their intention to affiliate with that party; or,
c) If on or before the 135th day before any primary
election, there is filed with the SOS a 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 they 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.
FISCAL EFFECT : According to the Senate Appropriations
Committee, no additional state costs to the SOS, and unknown,
non-reimbursable local enforcement costs.
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COMMENTS :
1)Purpose of the Bill : According to the author:
SB 1043 clarifies that people who commit fraud
involving "in-lieu-filing fee petitions" and
"political party qualification petitions" are subject
to the same felony penalties that apply to people
found guilty of committing other forms of petition
fraud.
People convicted of committing fraud relative to
nomination papers, declarations of candidacy,
initiatives, referenda, and recall petitions are
subject to specific felony penalties. However, the
law does not clearly subject people who forge an
in-lieu filing fee petition or political party
qualification petition to those same felony penalties.
2)Argument in Support : Secretary of State Debra Bowen, who is
the sponsor of this measure, writes in support:
Petition fraud is a felony and the 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 mentioned in the penalty provisions of
the code, meaning people who commit fraud involving
these petitions could go unpunished.
This lack of clarity has impacted recent Secretary of
State investigations. Though the evidence in two
cases indicated 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.
REGISTERED SUPPORT / OPPOSITION :
Support
Secretary of State Debra Bowen (Sponsor)
California Association of Clerks and Election Officials
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Opposition
Coalition for Free & Open Elections (unless amended)
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094