Amended in Senate March 28, 2014

Senate Bill No. 1272

Introduced by Senator Lieu

February 21, 2014

begin delete An act to amend Section 8601 of the Elections Code, relating to elections. end delete begin insert An act to submit an advisory question to the voters relating to campaign finance, calling an election, to take effect immediately. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1272, as amended, Lieu. begin delete Elections: write-in candidates. end delete begin insert Campaign finance: advisory election. end insert

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This bill would call a special election to be consolidated with the November 8, 2016, statewide general election. The bill would require the Secretary of State to submit to the voters at the November 8, 2016, consolidated election an advisory question asking whether the Congress of the United States should propose, and the California legislature should ratify, an amendment or amendments to the United States Constitution to overturn Citizens United v. Federal Election Commission (2010) 558 U.S. 310, and other applicable judicial precedents, as specified. The bill would require the Secretary of State to communicate the results of this election to the Congress of the United States.

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This bill would declare that it is to take effect immediately as an act calling an election.

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Existing law provides procedures relating to the nomination of write-in candidates. Existing law requires that statement and nomination papers be available on the 57th day prior to the election for which a candidate is filing as a write-in candidate and requires that those papers be delivered to the elections official no later than the 14th day prior to the election.

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This bill would make a nonsubstantive change to these provisions.

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Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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A special election is hereby called to be held
throughout the state on November 8, 2016. The special election
shall be consolidated with the statewide general election to be
held on that date. The consolidated election shall be held and
conducted in all respects as if there were only one election and
only one form of ballot shall be used.

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begin insert SEC. 2. end insert   

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(a) Notwithstanding Section 9040 of the Elections
Code, the Secretary of State shall submit the following advisory
question to the voters at the November 8, 2016, consolidated
election:

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“Shall the Congress of the United States propose, and the
California legislature ratify, an amendment or amendments to the
United States Constitution to overturn Citizens United v. Federal
Election Commission (2010) 558 U.S. 310, and other applicable
judicial precedents, to allow the full regulation or limitation of
campaign contributions and spending, to ensure that all citizens,
regardless of wealth, may express their views to one another, and
to make clear that the rights protected by the United States
Constitution are the rights of natural persons only?”

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(b) Upon certification of the election, the Secretary of State
shall communicate to the Congress of the United States Congress
the results of the election asking the question set forth in
subdivision (a).

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(c) The provisions of the Elections Code that apply to the
preparation of ballot measures and ballot materials at a statewide
election apply to the measure submitted pursuant to this section.

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begin insert SEC. 3. end insert   

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This act calls an election within the meaning of Article
IV of the Constitution and shall go into immediate effect.

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SECTION 1.  

Section 8601 of the Elections Code is amended
to read:

8601.  

The statement and nomination papers shall be available
on the 57th day prior to the election for which the candidate is
filing as a write-in candidate, and shall be delivered to the elections
official who is responsible for the conduct of the election no later
than the 14th day prior to the election.

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