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AB-2917 Improper signature gathering tactics.(2003-2004)



Current Version: 08/09/04 - Enrolled

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AB2917:v97#DOCUMENT

Passed  IN  Assembly  May 17, 2004
Passed  IN  Senate  August 09, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Assembly Bill
No. 2917

Introduced  by  Assembly Member Pavley
 (Coauthor(s): Assembly Member Frommer, Hancock, Jackson, Kehoe, Koretz, Laird, Lieber, Liu, Mullin, Salinas)

February 20, 2004

An act to amend Section 18600 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2917, Pavley. Improper signature gathering tactics.
Under existing law, every person is guilty of a misdemeanor who, under specified circumstances, intentionally misrepresents or intentionally makes any false statement concerning the contents, purport, or effect of any state or local initiative, referendum, or recall petition or intentionally makes any false statement in response to an inquiry as to whether he or she is a paid signature gatherer or a volunteer. It is also a misdemeanor to willfully and knowingly circulate, publish, or exhibit any false statement or misrepresentation concerning the contents, purport, or effect of any state or local initiative, referendum, or recall petition for the purpose of obtaining a signature or persuading or influencing a person to sign the petition.
This bill would provide that every person who willfully and knowingly commits any of the above acts is guilty of a misdemeanor. The bill would increase the sentence imposed for any violation of these provisions, create an enhancement for subsequent convictions, and prohibit the person from receiving money or other valuable consideration for assisting another person to register to vote or circulating any initiative, referendum, or recall petition for a specified period. By changing the definition of and increasing the penalty for a crime, the 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.

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


SECTION 1.

 Section 18600 of the Elections Code is amended to read:

18600.
 (a) Every person is guilty of a misdemeanor who:
(1) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, referendum, or recall petition, willfully and knowingly misrepresents or willfully and knowingly makes any false statement concerning the contents, purport, or effect of the petition to any person who signs, desires to sign, or is requested to sign, who makes inquiries with reference to it, or to whom it is presented for his or her signature.
(2) 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, or recall petition for the purpose of obtaining any signature to, or persuading or influencing any person to sign, that petition.
(3) Circulating, as principal or agent, or having charge or control of the circulation of, or obtaining signatures to, any state or local initiative, willfully and knowingly 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.
(b) (1) Any person convicted of violating subdivision (a) shall, upon the first conviction, be punished by one or more of the following:
(A) A fine not to exceed one thousand dollars ($1,000).
(B) Imprisonment in a county jail for a period not to exceed one year.
(C) A prohibition against receiving money or other valuable consideration for assisting another person to register to vote or for circulating any initiative, referendum, or recall petition for a period not to exceed 24 months.
(2) Any person convicted of violating subdivision (a), upon a second or subsequent conviction on charges separately brought and tried, shall be punished by one or more of the following:
(A) A fine not to exceed five thousand dollars ($5,000).
(B) Imprisonment in a county jail for a period not to exceed one year.
(C) A prohibition against receiving money or other valuable consideration for assisting another person to register to vote or for circulating any initiative, referendum, or recall petition for a period not to exceed 48 months.

SEC. 2.

 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.