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SB-1043 Elections: in-lieu-filing-fee and political party qualification petitions: penal provisions.(2013-2014)

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SB1043:v98#DOCUMENT

Amended  IN  Assembly  August 21, 2014

CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Senate Bill No. 1043


Introduced by Senator Torres

February 18, 2014


An act to amend Sections 5100, 5151, 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: in-lieu-filing fee in-lieu-filing-fee 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 in-lieu-filing fee in-lieu-filing-fee petition would be subject to the penal provisions specified above. By creating additional crimes, this bill would impose a state-mandated local program.
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.
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   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 represent support qualification of 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, signed, verified 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 primary election.”

SEC. 2.5.

 Section 5100 of the Elections Code is amended to read:

5100.
 A party is qualified to participate in any a primary election under any of the following conditions:
(a) If at (1) At the last preceding gubernatorial election there was polled for any one of its candidates for any primary election, the sum of the votes cast for all of the candidates for an office voted on throughout the state, state who disclosed a preference for that party on the ballot was at least 2 percent of the entire vote of the state for that office.
(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.
(b) If on On or before the 135th day before any a primary election, it appears to the Secretary of State, as a result of examining and totaling the statement of voters and their declared political affiliations preference transmitted to him or her by the county elections officials, that voters equal in number to at least 1 0.33 percent of the entire vote of the state at the last preceding gubernatorial total number of voters registered on the 154th day before the primary election have declared their intention to affiliate with preference for that party.
(c) If on On or before the 135th day before any a 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 they represent the voters signing the petition support qualification of 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, signed, verified 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 primary election.”

SEC. 3.

 Section 5151 of the Elections Code is amended to read:

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 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 they represent the voters signing the petition support qualification of 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.”

SEC. 3.5.

 Section 5151 of the Elections Code is amended to read:

5151.
 A party is qualified to participate in a presidential general election under any of the following conditions:
(a) If the The party qualified to participate and participated in the presidential primary election preceding the presidential general election pursuant to Section 5100.
(b) If at (1) At the last preceding gubernatorial election there was polled for any one of its candidates for any primary election, the sum of the votes cast for all of the candidates for an office voted on throughout the state who disclosed a preference for that party on the ballot was at least 2 percent of the entire vote of the state for that office.
(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.
(c) If on 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 declared political affiliations preference 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 0.33 percent of the total number of voters registered on the 123rd day before the presidential general election have declared their intention to affiliate with preference for that party.
(d) If on On or before the 135th day before a presidential general 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 they represent the voters signing the petition support qualification of 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.”

SEC. 3.SEC. 4.

 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.

SEC. 4.SEC. 5.

 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.

SEC. 5.SEC. 6.

 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.

SEC. 6.SEC. 7.

 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.

SEC. 7.SEC. 8.

 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.

SEC. 8.SEC. 9.

 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.

SEC. 9.SEC. 10.

 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.

SEC. 10.SEC. 11.

 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.

SEC. 11.SEC. 12.

 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.

SEC. 12.SEC. 13.

 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.

SEC. 13.SEC. 14.

 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.

SEC. 14.SEC. 15.

 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.

SEC. 15.SEC. 16.

 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, 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.

SEC. 16.SEC. 17.

 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.

SEC. 17.SEC. 18.

 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.

SEC. 18.5.

 Section 18621 of the Elections Code is amended to read:

18621.
 Any proponent of an initiative or referendum measure or recall 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 withdrawing an initiative petition after filing it with the appropriate elections official, or performing any act that will prevent or aid in preventing the initiative, referendum or recall referendum, recall, or political party proposed from qualifying as an initiative or referendum measure, or resulting in a recall election 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.

SEC. 18.SEC. 19.

 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.

SEC. 19.SEC. 20.

 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.

SEC. 20.SEC. 21.

 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.

SEC. 21.SEC. 22.

 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.

SEC. 22.SEC. 23.

 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.

SEC. 23.SEC. 24.

 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.

SEC. 24.SEC. 25.

 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.

SEC. 26.

 (a) 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.
(b) 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.
(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.

SEC. 25.SEC. 27.

 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.