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SB-1014 Recalls: Political Reform Act of 1974.(2019-2020)

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Date Published: 02/14/2020 09:00 PM
SB1014:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1014

Introduced by Senator Allen

February 14, 2020

An act to amend Sections 11100, 11301, 11320, 11324, 11325, and 11381 of, to amend, renumber, and add Section 11300 of, to amend the heading of Chapter 4 (commencing with Section 11300) of Division 11 of, and to add Chapter 5 (commencing with Section 11390) to Division 11 of, the Elections Code, and to amend Section 85315 of the Government Code, relating to recalls.


LEGISLATIVE COUNSEL'S DIGEST


SB 1014, as introduced, Allen. Recalls: Political Reform Act of 1974.
(1) The California Constitution provides that voters may recall a state officer and, in the same election, elect a successor. The Constitution prohibits an officer who is the subject of a recall election from being a candidate for successor. The Constitution also prohibits a successor candidacy for the office of judge of the Supreme Court or a court of appeal. Existing statutory law implements these constitutional provisions.
This bill would make conforming changes in statute to implement Senate Constitutional Amendment 2 of the 2019–20 Regular Session, to require the name of a state officer, other than a judicial officer, to be placed on the ballot as a successor candidate if the officer does not resign by a specified date, and for the officer to remain in office if the officer receives the highest number of votes.
(2) The Political Reform Act of 1974, with certain exceptions, prohibits a person from making to a candidate for elective office, and prohibits the candidate from accepting from that person, a contribution totaling more than a specified amount per election. The act authorizes an elected officer to create a committee to oppose the qualification of a recall measure and the recall election, without regard to the campaign contribution limits. A violation of the act’s provisions is punishable as a misdemeanor.
This bill would require an elected state officer to comply with the contribution limits for contributions to oppose a recall. Because violation of these contribution limits would be a crime, the bill would impose a state-mandated local program by expanding the scope of a crime.
(3) 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.
(4) The bill would only become operative if Senate Constitutional Amendment 2 of the 2019—20 Regular Session is approved by the voters.
(5) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2/3 vote of each house of the Legislature and compliance with specified procedural requirements.
This bill would declare that it furthers the purposes of the act.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11100 of the Elections Code is amended to read:

11100.
 (a) This chapter applies only to the recall of state officers.
(b) In addition to this chapter, Sections 13 to 18, inclusive, of Article II of the California Constitution and the applicable provisions of Chapter 1 (commencing with Section 11000) and Chapter 4 (commencing with Section 11300) 5 (commencing with Section 11390) shall govern the recall of state officers.

SEC. 2.

 The heading of Chapter 4 (commencing with Section 11300) of Division 11 of the Elections Code is amended to read:
CHAPTER  4. General Procedures: Local Officers: Final Steps in the Recall

SEC. 3.

 Section 11300 is added to the Elections Code, to read:

11300.
 This chapter applies to the recall of local officers.

SEC. 4.

 Section 11300 of the Elections Code is amended and renumbered to read:

11300.11300.5.
 No insufficiency in a petition against any officer shall bar the later filing of a new petition against that officer.

SEC. 5.

 Section 11301 of the Elections Code is amended to read:

11301.
 If a petition is found insufficient by the elections official or, in the case of the recall of a state officer, the Secretary of State, official, the petition signatures may be examined in accordance with Section 6253.5 of the Government Code.

SEC. 6.

 Section 11320 of the Elections Code is amended to read:

11320.
 The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, with respect to each officer sought to be recalled:
(a) The question “Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?”
(b) To the right of the foregoing question, the words “Yes” and “No” on separate lines with an enclosed voting space to the right of each.

(c)If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officer’s party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officer’s name, or immediately below the officer’s name if there is not sufficient space to the right of the officer’s name, and shall appear in substantially the following form:

(1)If the officer stated a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference:____” (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officer’s affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.

(2)If the officer did not state a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference: None.”

(3)If the officer elects not to have the officer’s political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

SEC. 7.

 Section 11324 of the Elections Code is amended to read:

11324.
 (a)The official responsible for preparing the ballot shall, at least 10 days before the recall election, mail a voter information guide to each registered voter of the electoral jurisdiction of the officer sought to be recalled.

(b)In the case of a recall of a state officer, the official responsible for preparing the voter information guide pursuant to subdivision (a) shall include in the voter information guide the report of estimated costs of the recall prepared by the Department of Finance pursuant to subdivision (d) of Section 11108.

SEC. 8.

 Section 11325 of the Elections Code is amended to read:

11325.
 (a) With the voter information guide there shall be mailed, for each officer whose recall is sought, a printed copy of the following:
(1) The statement of reasons for recall that appeared on the notice of intent to recall that was filed by the proponents of the recall with the elections official or, in the case of a state officer, with the Secretary of State. official.
(2) The answer to the statement of reasons for recall that was filed by the officer whose recall is sought with the elections official or, in the case of a state officer, with the Secretary of State, official, if an answer was filed.
(b) The printed copies of the statement and the answer to that statement shall be mailed with the voter information guide either in a document separate from the voter information guide or as part of the voter information guide. Both the statement and answer shall be printed on the same page, or on facing pages of the document, and shall be of equal prominence.
(c) If the recall of more than one officer is sought, the statement and answer for each officer shall be printed together and shall be clearly distinguished from those of any other officer.

SEC. 9.

 Section 11381 of the Elections Code is amended to read:

11381.
 Nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election insofar as that procedure is consistent with this article. The following exceptions shall be made to that procedure:

(a)For recalls of state officers, the nomination papers and the declaration of candidacy shall, in each case, be filed no less than 59 days prior to the date of the election and not before the day the order of the election is issued. The Secretary of State shall certify the names of the candidates to be placed on the ballot by the 55th day prior to the election.

(b)For recalls of local officers, the

(a) The nomination papers and the declaration of candidacy shall, in each case, be filed not less than 75 days prior to the date of the election and not before the day the order of the election is issued. If the elections official is required to certify to the governing board the names of the candidates to be placed on the ballot, that shall be done by the 71st day prior to the election.

(c)

(b) No person An officer whose recall is being sought may shall not be a candidate to succeed himself or herself the officer at a recall election nor to succeed any other member of the same governing board whose recall is being sought at the same election.

SEC. 10.

 Chapter 5 (commencing with Section 11390) is added to Division 11 of the Elections Code, to read:
CHAPTER  5. State Officers: Final Steps in the Recall
Article  1. General Provisions

11390.
 This chapter applies to the recall of state officers.

11390.5.
 No insufficiency in a petition against any officer shall bar the later filing of a new petition against that officer.

11391.
 If a petition is found insufficient by the Secretary of State, the petition signatures may be examined in accordance with Section 6253.5 of the Government Code.

11391.5.
 (a) Except as described in paragraph (3) of subdivision (b) and subdivision (c), if a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election shall proceed.
(b) (1) Upon the occurrence of the vacancy, the elections official for each county in which a section of the recall petition has been filed shall immediately verify the signatures on the petition submitted to the elections official as of the date of the vacancy.
(2) If the elections official verifies that a sufficient number of signatures were filed as of the date of the vacancy, the recall election shall proceed.
(3) If the elections official verifies that an insufficient number of signatures, or no signatures, were filed as of the date of the vacancy, the recall election shall not proceed and a vacancy in the office that is the subject of the recall election shall be filled as otherwise provided by law.
(4) A person who was subject to a recall petition shall not be appointed to fill the vacancy in the office that the person vacated.
(c) As provided in paragraph (2) of subdivision (a) of Section 15 of Article II of the California Constitution, an office is vacant and a recall election shall not be held if an officer, other than a judge of the Supreme Court or a court of appeal, resigns no later than 10 days after the date of certification of sufficient signatures.

11392.
 A voter who has signed a recall petition shall have the voter’s signature withdrawn from the petition upon filing a written request that includes the voter’s name, residence address, and signature with the elections official prior to the day the petition section bearing the voter’s signature is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.

Article  2. Ballots

11393.
 (a) The following shall appear on the ballots at every recall election for a judge of the Supreme Court or a court of appeal, with respect to each officer sought to be recalled:
(1) The question “Shall [name of officer sought to be recalled] be recalled (removed) from the office of [title of office]?”
(2) To the right of the foregoing question, the words “Yes” and “No” on separate lines with an enclosed voting space to the right of each.
(b) A voter shall indicate, by using the stamp or other marking device to place a mark in the voting space opposite either “Yes” or “No”, the voter’s vote for or against the recall proposal, respectively.

11393.5.
 (a) The following shall appear on the ballots at every recall election for an officer other than a judge of the Supreme Court or a court of appeal, with respect to each officer sought to be recalled:
(1) The following: “A recall election has been called. Please select [name of officer sought to be recalled] to keep [name of officer sought to be recalled] in office, or select a candidate from below to replace [name of officer being sought to be recalled] and serve the remainder of the term of the office.”
(2) Below the foregoing shall appear the name of the officer sought to be recalled and the names of the candidates nominated to succeed the officer sought to be recalled. Following the list of candidates, the ballot shall provide one blank line with a voting space to the right of it for the voter to write in a name not printed on the ballot.
(b) If the officer sought to be recalled holds a voter-nominated office, the officer may elect to have the officer’s party preference identified on the ballot. The officer shall inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State pursuant to Section 11023. The Secretary of State shall disseminate this information to all appropriate county elections officials. The statement of party preference shall appear immediately to the right of and on the same line as the officer’s name, or immediately below the officer’s name if there is not sufficient space to the right of the officer’s name, and shall appear in substantially the following form:
(1) If the officer stated a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference:____” (inserting the name of the qualified political party stated on the affidavit of registration.) The listed political party preference shall be the political party preference stated on the officer’s affidavit of registration at the time the notice of intention is filed with the elections official pursuant to Section 11021.
(2) If the officer did not state a political party preference on the officer’s affidavit of registration, the statement shall read: “Party Preference: None.”
(3) If the officer elects not to have the officer’s political party preference identified on the ballot, or if the officer fails to inform the Secretary of State whether the officer elects to have a party preference identified on the ballot by the deadline for the officer to file an answer with the Secretary of State, the statement of party preference shall not appear on the ballot.

11394.
 (a) The official responsible for preparing the ballot shall, at least 10 days before the recall election, mail a voter information guide to each registered voter of the electoral jurisdiction of the officer sought to be recalled.
(b) The official responsible for preparing the voter information guide pursuant to subdivision (a) shall include in the voter information guide the report of estimated costs of the recall prepared by the Department of Finance pursuant to subdivision (d) of Section 11108.

11394.5.
 (a) With the voter information guide there shall be mailed, for each officer whose recall is sought, a printed copy of the following:
(1) The statement of reasons for recall that appeared on the notice of intent to recall that was filed by the proponents of the recall with the Secretary of State.
(2) The answer to the statement of reasons for recall that was filed by the officer whose recall is sought with the Secretary of State, if an answer was filed.
(b) The printed copies of the statement and the answer to that statement shall be mailed with the voter information guide either in a document separate from the voter information guide or as part of the voter information guide. Both the statement and answer shall be printed on the same page, or on facing pages of the document, and shall be of equal prominence.
(c) If the recall of more than one officer is sought, the statement and answer for each officer shall be printed together and shall be clearly distinguished from those of any other officer.

Article  3. Elections in General

11395.
 A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by law for a regular election for the office.

11395.5.
 One election is sufficient for the recall of several officers.

Article  4. Recall Elections

11396.
 (a) Except as provided in subdivision (b), nominations of candidates to succeed the recalled officer shall be made in the manner prescribed for nominating a candidate to that office in a regular election insofar as that procedure is consistent with this article.
(b) The nomination papers and the declaration of candidacy shall, in each case, be filed no less than 59 days prior to the date of the election and not before the day the order of the election is issued. The Secretary of State shall certify the names of the candidates to be placed on the ballot by the 55th day prior to the election.

11396.5.
 For a recall election for a judge of the Supreme Court or a court of appeal:
(a) If one-half or more of the votes at a recall election are “No”, the officer sought to be recalled shall continue in office.
(b) If a majority of the votes on a recall proposal are “Yes”, the officer sought to be recalled shall be removed from office and the Governor shall appoint a successor.

11397.
 For a recall election for an officer other than a judge of the Supreme Court or a court of appeal:
(a) If a candidate other than the officer receives the highest number of votes, that candidate is elected as the successor to serve the remainder of the officer’s term and the officer is removed from office. If the candidate who received the highest number of votes fails to qualify within 10 days after receiving the certificate of election, the office to which the candidate was elected shall be vacant, and the office shall be filled according to law.
(b) If the officer receives the highest number of votes, the recall fails and the officer shall remain in office.

SEC. 11.

 Section 85315 of the Government Code, as added by Section 12 of Chapter 556 of the Statutes of 2019, is amended to read:

85315.
 (a) Notwithstanding any other provision of this chapter, an elected state, county, or city officer may establish a committee to oppose the qualification of a recall measure, and the recall election. This committee may be established when the elected state, county, or city officer receives a notice of intent to recall pursuant to Section 11021 of the Elections Code. An elected state, county, An elected county or city officer may accept campaign contributions to oppose the qualification of a recall measure, and if qualification is successful, the recall election, without regard to the campaign contribution limits set forth in this chapter. chapter. An elected state officer is subject to the campaign contribution limits for campaign contributions to oppose the qualification of a recall measure and the recall election. The voluntary expenditure limits do not apply to expenditures made to oppose the qualification of a recall measure or to oppose the recall election. election, except that the voluntary expenditure limits apply to an elected state officer.
(b) After the failure of a recall petition or after the recall election, the committee formed by the elected state, county, or city officer shall wind down its activities and dissolve. Any remaining funds shall be treated as surplus funds and shall be expended within 30 days after the failure of the recall petition or after the recall election for a purpose specified in subdivision (b) of Section 89519.
(c) This section does not apply in a jurisdiction in which the county or city imposes a limit on contributions pursuant to Section 85702.5.

(d)This section shall become operative on January 1, 2021.

SEC. 12.

 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.

SEC. 13.

 This act shall become operative only if Senate Constitutional Amendment 2 of the 2019—20 Regular Session is approved by the voters.

SEC. 14.

 The Legislature finds and declares that Section 11 of this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.