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SB-288 Democratic Party of California: Peace and Freedom Party of California: county central committees.(2019-2020)



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SB288:v92#DOCUMENT

Amended  IN  Assembly  September 04, 2019
Amended  IN  Assembly  August 19, 2019
Amended  IN  Assembly  July 09, 2019
Amended  IN  Assembly  June 19, 2019
Amended  IN  Senate  May 17, 2019
Amended  IN  Senate  May 01, 2019
Amended  IN  Senate  March 28, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 288


Introduced by Senator Wiener
(Principal coauthors: Assembly Members Chiu and Gonzalez)
(Coauthors: Senators Allen, Caballero, Durazo, Lena Gonzalez, Hueso, and Pan)
(Coauthors: Assembly Members Santiago Bonta, Santiago, and Ting)

February 13, 2019


An act to amend Section 7800 of, to add Section 7217 to, and add and repeal Sections 7231 and 7785 of, the Elections Code, relating to political parties.


LEGISLATIVE COUNSEL'S DIGEST


SB 288, as amended, Wiener. Democratic Party of California: Peace and Freedom Party of California: county central committees.
Existing law provides procedures for the election of members to county central committees of certain political parties, including the Democratic Party of California and the Peace and Freedom Party of California. A person is generally not eligible for appointment or election to a county central committee unless the person is registered as affiliated with the political party at the time of the person’s appointment or election. Existing law requires that a person’s political party preference be shown on the person’s affidavit of registration at the time the person registers to vote. The affidavit of registration must show the facts necessary to establish voter eligibility, including that the applicant is a United States citizen.
This bill would permit certain persons who are not United States citizens, including lawful permanent residents and persons who are or were in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, to be candidates for, and members of, a county central committee of the Democratic Party of California or the Peace and Freedom Party of California if, among others things, the bylaws of the county state or county central committee committee, as applicable, permit such persons to be a candidate and a member, the county state or county central committee committee, as applicable, makes available a specified risk disclosure form, the county elections official provides a prescribed warning notice, and the persons each file a prescribed declaration of intent with the county elections official.
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, 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.

 (a) The Legislature finds and declares all of the following:
(1) Although political party central committees are private organizations, the California Constitution requires the Legislature to “provide for partisan elections for…party central committees.” Other elections, such as those for delegate to the state central committee, are governed entirely by party bylaws.
(2) In Tashjian v. Republican Party of Connecticut, the United States Supreme Court found that a political party’s “determination of the boundaries of its own association, and of the structure which best allows it to pursue its political goals, is protected by the Constitution,” and in Eu v. San Francisco County Democratic Central Committee, the United States Supreme Court held that a law that burdens the First and Fourteenth Amendment rights of political parties and their members “can survive constitutional scrutiny only if the State shows that it advances a compelling state interest…and is narrowly tailored to serve that interest.”
(3) State laws that impose eligibility requirements on individuals to run as candidates for for, and to serve on on, political party central committees can limit a political party’s ability to structure itself in a manner that best allows it to pursue its political goals.
(4) County central Central committees of the Democratic Party of California and the Peace and Freedom Party of California have expressed an interest in permitting including certain persons who are not citizens of the United States, including lawful permanent residents and persons who are or were in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, to serve on the county central committee.
(5) Section 8001 of the Elections Code provides that a person is not eligible for a county central committee unless the person is shown by affidavit of registration to be affiliated with the political party whose county central committee the person is a candidate for and the person has not been affiliated with another political party for a specified period of time.
(6) Section 7209 of the Elections Code provides that a person is not eligible for appointment or election to a Democratic county central committee unless that person is registered as affiliated with the Democratic Party of California at the time of the person’s appointment or election.
(7) Because state law requires a person to be a United States citizen in order to register to vote, a person who is not a United States citizen cannot legally be registered as affiliated with the Democratic Party of California or the Peace and Freedom Party of California, and, therefore, cannot meet the eligibility requirements found in Sections 7209 and 8001 of the Elections Code to serve on county central committees of the Democratic Party of California or Peace and Freedom Party of California.
(8) The state has a compelling interest in preserving the integrity of its election process.
(b) It is the intent of the Legislature in enacting this act to establish a procedure that facilitates the desire of county central committees of the Democratic Party of California and the Peace and Freedom Party of California to permit certain persons who are not United States citizens to run as candidates for, and to serve on, the county those parties central committees, while allowing the state to preserve the integrity of its election process.
(c) Nothing in this bill shall be construed to modify existing statutes or regulations governing the actions that a person who is not a United States citizen can take as a candidate, nor in any way to modify existing statutes or regulations affecting the activities that may legally be undertaken by a county central committee or a person who is not a United States citizen but who serves on a county central committee.

SEC. 2.

 Section 7217 is added to the Elections Code, to read:

7217.
 Notwithstanding Section 7209 or any other law, a person who is specified in subdivision (b) of Section 7231 is eligible to serve as a member of a county central committee, provided that the bylaws of the county central committee permit the person to serve in that capacity. capacity and, if the person were a United States citizen, the person would be eligible to register to vote.

SEC. 3.

 Section 7231 is added to the Elections Code, to read:

7231.
 (a) Notwithstanding Section 7209 or 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
(1) The bylaws of the county central committee permit a person who is identified in subdivision (b) to serve as a member of the county central committee.
(2) The county central committee notifies the county elections official not later than November 1 of the year preceding the presidential primary election of all of the following:
(A) Its bylaws permit a person who is identified in subdivision (b) to serve as a member of the county central committee.
(B) It is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for for, and membership on on, a county central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
(3) If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.
(4) Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a county central committee. A description of those risks is available upon request from the county central committee.

(3)

(5) At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Democratic Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
Should I become If I were a United States citizen, as I would be eligible to register to vote. As of today, I intend to register as preferring the Democratic Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee.

I understand that there may be legal risks, including risks related to my immigration status, associated with candidacy for and membership on a county central committee, and that a description of those risks is available upon request from the county central committee.

Dated this ___ day of _____, 20___.
Signature of candidate
State of California
 )
County of
 ) ss.
 )
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
 County Elections Official
(b) This section applies to all of the following persons who are not citizens of the United States:
(1) A person who is a lawful permanent resident of the United States.
(2) A person who is in temporary protected status in the United States.
(3) A person who has been granted asylum in the United States.
(4) A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2021, deletes or extends that date.

SEC. 4.

 Section 7231 is added to the Elections Code, to read:

7231.
 (a) Notwithstanding Section 7209 or 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
(1) The bylaws of the county central committee permit a person who is identified in subdivision (b) to serve as a member of the county central committee.
(2) The county central committee notifies the county elections official not later than the 175th day preceding the presidential primary election of all of the following:
(A) Its bylaws permit a person who is identified in subdivision (b) to serve as a member of the county central committee.
(B) It is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for for, and membership on on, a county central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
(3) If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.
(4) Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a county central committee. A description of those risks is available upon request from the county central committee.

(3)

(5) At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Democratic Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
Should I become If I were a United States citizen, as I would be eligible to register to vote. As of today, I intend to register as preferring the Democratic Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee.

I understand that there may be legal risks, including risks related to my immigration status, associated with candidacy for and membership on a county central committee, and that a description of those risks is available upon request from the county central committee.

Dated this ___ day of _____, 20___.
Signature of candidate
State of California
 )
County of
 ) ss.
 )
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
 County Elections Official
(b) This section applies to all of the following persons who are not citizens of the United States:
(1) A person who is a lawful permanent resident of the United States.
(2) A person who is in temporary protected status in the United States.
(3) A person who has been granted asylum in the United States.
(4) A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
(c) This section shall become operative on January 1, 2021.

SEC. 5.

 Section 7785 is added to the Elections Code, to read:

7785.
 (a) Notwithstanding Section 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
(1) The bylaws of the county state central committee permit a person who is identified in subdivision (b) to serve as a member of the a county central committee.
(2) The county state central committee notifies the county elections official not later than November 1 of the year preceding the presidential primary election of all of the following:
(A) Its The state central committee’s bylaws permit a person who is identified in subdivision (b) to serve as a member of the a county central committee.
(B) It The state central committee is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for for, and membership on on, a county central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
(3) If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.
(4) Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a central committee. A description of those risks is available upon request from the state central committee.

(3)

(5) At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Peace and Freedom Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
Should I become If I were a United States citizen, as I would be eligible to register to vote. As of today, I intend to register as preferring the Peace and Freedom Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee.

I understand that there may be legal risks, including risks related to my immigration status, associated with candidacy for and membership on a county central committee, and that a description of those risks is available upon request from the county central committee.

Dated this ___ day of _____, 20___.
Signature of candidate
State of California
 )
County of
 ) ss.
 )
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
 County Elections Official
(b) This section applies to all of the following persons who are not citizens of the United States:
(1) A person who is a lawful permanent resident of the United States.
(2) A person who is in temporary protected status in the United States.
(3) A person who has been granted asylum in the United States.
(4) A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
(c) This section shall remain in effect only until January 1, 2021, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2021, deletes or extends that date.

SEC. 6.

 Section 7785 is added to the Elections Code, to read:

7785.
 (a) Notwithstanding Section 8001, or any other law, a person who is identified in subdivision (b) is eligible to be a candidate for member of a county central committee if all of the following are true:
(1) The bylaws of the county state central committee permit a person who is identified in subdivision (b) to serve as a member of the a county central committee.
(2) The county state central committee notifies the county elections official not later than the 175th day preceding the presidential primary election of all of the following:
(A) Its The state central committee’s bylaws permit a person who is identified in subdivision (b) to serve as a member of the a county central committee.
(B) It The state central committee is in possession of a risk disclosure form providing information on legal risks, including risks related to the immigration status of a person who is identified in subdivision (b), associated with candidacy for for, and membership on on, a county central committee in accordance with this section, with a disclaimer that the form may not be comprehensive and that some legal risks may be unknown, and makes that form available to a person who is identified in subdivision (b) upon request.
(3) If a person who is identified in subdivision (b) were a United States citizen, the person would be eligible to register to vote.
(4) Before a person who is identified in subdivision (b) files a declaration of candidacy, the county elections official provides the person with a warning notice. The warning notice shall be prominently displayed on non-white paper and shall read substantially as follows:
WARNING NOTICE
There may be legal risks, including risks related to a person’s immigration status, associated with candidacy for, and membership on, a central committee. A description of those risks is available upon request from the state central committee.

(3)

(5) At the time a person who is identified in subdivision (b) files a declaration of candidacy, the person also submits a declaration of intent to the county elections official. The declaration of intent shall include a declaration that the person intends to register as preferring the Peace and Freedom Party of California if and when the person becomes eligible to register as a voter and a declaration that the person shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee. The declaration of intent shall be substantially as follows:
DECLARATION OF INTENT
I hereby declare that I have filed a declaration of candidacy for nomination to the office of ________ to be voted for at the primary election to be held ________, 20__, and declare the following to be true:
My name is .
I am not a citizen of the United States, but I am currently a lawful permanent resident, am currently in temporary protected status, have been granted asylum, or currently have or previously had deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy.
Should I become If I were a United States citizen, as I would be eligible to register to vote. As of today, I intend to register as preferring the Peace and Freedom Party at or shortly after the time I become eligible to register to vote.
I shall not work as a foreign agent of, or take actions on behalf of, any foreign government while a candidate for, or member of, a county central committee.

I understand that there may be legal risks, including risks related to my immigration status, associated with candidacy for and membership on a county central committee, and that a description of those risks is available upon request from the county central committee.

Dated this ___ day of _____, 20___.
Signature of candidate
State of California
 )
County of
 ) ss.
 )
Subscribed and sworn to before me this ___ day of ________, 20____.
Notary Public (or other official)
Examined and certified by me this ________ day of ________, 20____.
 County Elections Official
(b) This section applies to all of the following persons who are not citizens of the United States:
(1) A person who is a lawful permanent resident of the United States.
(2) A person who is in temporary protected status in the United States.
(3) A person who has been granted asylum in the United States.
(4) A person who is or was in deferred action status under the federal Deferred Action for Childhood Arrivals (DACA) policy, as described in guidelines issued by the United States Department of Homeland Security.
(c) This section shall become operative on January 1, 2021.

SEC. 7.

 Section 7800 of the Elections Code is amended to read:

7800.
 At the convention meeting of the state central committee, the state central committee shall consist initially of only those members of central committees elected at the most recent presidential primary election election, including those members elected in accordance with Section 7785, or selected pursuant to Section 7784.

SEC. 7.SEC. 8.

 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.