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AB-1843 Elections: nomination documents: retention and preservation.(2019-2020)

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Date Published: 01/06/2020 09:00 PM
AB1843:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1843


Introduced by Assembly Member Salas

January 06, 2020


An act to amend Section 17100 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1843, as introduced, Salas. Elections: nomination documents: retention and preservation.
Existing law requires elections officials to retain all nomination documents and signatures in lieu of filing fee petitions during the term of office for which the documents are filed and for four years after the expiration of the term. Members of the public may view these documents, but are prohibited from copying or distributing documents containing signatures of voters.
This bill, notwithstanding that prohibition, would authorize a candidate or the candidate’s designee to view and copy nomination documents and signatures in lieu of filing fee petitions filed by the candidate or on the candidate’s behalf, but would prohibit the distribution of documents that contain signatures of voters.
By imposing additional duties on elections officials, this bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 17100 of the Elections Code is amended to read:

17100.
 (a) All nomination documents and signatures in lieu of filing fee petitions filed in accordance with this code shall be held by the officer with whom they are filed during the term of office for which they are filed and for four years after the expiration of the term.
(b) Thereafter, the documents and petitions shall be destroyed as soon as practicable unless they either are in evidence in some action or proceeding then pending or unless the elections official has received a written request from the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a grand jury, or the governing body of a county, city and county, or district, including a school district, that the documents and petitions be preserved for use in a pending or ongoing investigation into election irregularities, the subject of which relates to the placement of a candidate’s name on the ballot, or in a pending or ongoing investigation into a violation of the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(c) Public access to the documents described in subdivision (a) shall be limited to viewing the documents only. The public may shall not copy or distribute copies of the documents described in subdivision (a) that contain signatures of voters.
(d) Notwithstanding subdivision (c), a candidate or the candidate’s designee may view and copy all documents described in subdivision (a) filed by the candidate or on the candidate’s behalf, but shall not distribute copies of documents that contain signatures of voters.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.