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SB-1293 Recall elections: notice of intention.(2023-2024)

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Date Published: 05/02/2024 09:00 PM
SB1293:v97#DOCUMENT

Amended  IN  Senate  May 02, 2024
Amended  IN  Senate  April 08, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 1293

Introduced by Senator Ochoa Bogh

February 15, 2024

An act to amend Sections 11020 11020, 11021, and 11022 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 1293, as amended, Ochoa Bogh. Recall elections: notice of intention.
Existing law governs the recall of elective officers of the state and of all counties, cities, other specified local public entities, and judges of courts of appeal and trial courts. Existing law requires proponents of the recall to serve, file file, and publish a copy of the notice of intention, as specified. Existing law requires the notice of intention to contain, among other things, the printed name, signature, and residence address, including street and number, city, and ZIP Code, of each of the proponents of the recall. Existing law, the California Public Records Act, requires a state or local public agency to make public records available for public inspection and to make copies available upon request and payment of a fee, unless the records are exempt from disclosure.
This bill would require the published copy of the notice of intention to omit, among other things, the proponents’ signatures and street numbers and street names of their residence addresses, as specified. The bill would require the county elections official or Secretary of State, as applicable, to redact the proponents’ signatures and street numbers and street names of their residence addresses before making the notice of intention available to the public.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
By increasing the duties of county 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 11020 of the Elections Code is amended to read:

11020.
 (a) The notice of intention shall contain all of the following:
(1) The name and title of the officer sought to be recalled.
(2) A statement, not exceeding 200 words in length, of the reasons for the proposed recall.
(3) For each proponent of the recall, all of the following:
(A) A printed name.
(B) A signature.
(C) (i) A residence address that includes all of the following:
(I) Street number and street name.
(II) City.
(III) ZIP Code.
(ii) If a proponent cannot receive mail at the residence address, the proponent shall provide an alternative mailing address.
(4) The provisions of Section 11023.
(b) (1) For a state office, and for a local office where the number of registered voters in the electoral jurisdiction is at least 100,000, the minimum number of proponents listed on the notice of intention is 50, or equal to five times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher.
(2) For a local office where the number of registered voters in the electoral jurisdiction is at least 1,000 but less than 100,000, the minimum number of proponents listed on the notice of intention is 30, or equal to three times the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher.
(3) For a local office where the number of registered voters in the electoral jurisdiction is less than 1,000, the minimum number of proponents listed on the notice of intention is 30.
(c) The notice of intention shall include at least the number of proponents specified in subdivision (b).

SEC. 2.

 Section 11021 of the Elections Code is amended to read:

11021.
 (a) A copy of the notice of intention shall be served by personal delivery, or by certified mail, on the officer sought to be recalled. Within seven days of serving the notice of intention, the original thereof shall be filed, along with an affidavit of the time and manner of service, with the elections official or, in the case of the recall of a state officer, the Secretary of State. A separate notice of intention shall be filed for each officer sought to be recalled.
(b) Notwithstanding the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code), the elections official or Secretary of State shall redact the information specified in subparagraph (B) and subclause (I) of clause (i) of subparagraph (C) of paragraph (3) of subdivision (a) of Section 11020 before making the notice of intention available to the public.

SEC. 2.SEC. 3.

 Section 11022 of the Elections Code is amended to read:

11022.
 A copy of the notice, except the provisions required by subparagraph (B) and subclause (I) of clause (i) of subparagraph (C) of paragraph (3) and paragraph (4) of subdivision (a) of Section 11020, shall be published at the proponents’ expense pursuant to Section 6061 of the Government Code. Publication shall be required unless there is no newspaper of general circulation able to provide timely publication in the jurisdiction of the officer sought to be recalled. If this publication is not possible, the notice, except the provisions required by subparagraph (B) and subclause (I) of clause (i) of subparagraph (C) of paragraph (3) and paragraph (4) of subdivision (a) of Section 11020, shall be posted in at least three public places within the jurisdiction of the officer to be recalled.

SEC. 4.

 The Legislature finds and declares that Section 2 of this act, which amends Section 11021 of the Elections Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
This act strikes an appropriate balance beteween the public’s right to access information and the need to protect the private signatures and street numbers and street addresses of the proponents of a recall.

SEC. 5.

 The Legislature finds and declares that Section 2 of this act, which amends Section 11021 of the Elections Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
This act strikes an appropriate balance beteween the public’s right to access information and the need to protect the private signatures and street numbers and street addresses of the proponents of a recall.

SEC. 6.

 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 under this act would result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.