BILL ANALYSIS �
SB 1043
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SENATE THIRD READING
SB 1043 (Torres)
As Amended August 21, 2014
Majority vote
SENATE VOTE :36-0
ELECTIONS 6-0 APPROPRIATIONS 15-0
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|Ayes:|Fong, Donnelly, Bonta, |Ayes:|Gatto, Bigelow, |
| |Hall, Perea, Rodriguez | |Bocanegra, Bradford, Ian |
| | | |Calderon, Donnelly, |
| | | |Eggman, Gomez, Holden, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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.
3)Contains double-jointing language to avoid chaptering problems
with AB 2351 (Gordon) of the current legislative session and
SB 1253 (Steinberg) of the current legislative session.
EXISTING LAW :
1)Makes it a crime, subject to various criminal penalties, to
engage in specified misconduct in connection with the
circulation of nomination papers, declarations of candidacy,
and initiative, referendum, and recall petitions, including
the following:
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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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, nonreimbursable costs to local governments for
enforcement, offset to some extent by fine revenues.
(Consistent with current law governing petition fraud,
violations are generally punishable by a fine not exceeding
$5,000 and/or by imprisonment for 16 months, two or three years.
It is expected that any convictions generally would not result
in imprisonment.)
COMMENTS : 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."
Analysis Prepared by : Lori Barber / E. & R. / (916) 319-2094
FN: 0005147
SB 1043
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