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SB-35 Elections.(2021-2022)



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SB35:v92#DOCUMENT

Enrolled  September 13, 2021
Passed  IN  Senate  September 09, 2021
Passed  IN  Assembly  September 02, 2021
Amended  IN  Assembly  August 26, 2021
Amended  IN  Assembly  July 15, 2021
Amended  IN  Assembly  June 17, 2021
Amended  IN  Senate  March 18, 2021
Amended  IN  Senate  March 09, 2021
Amended  IN  Senate  February 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 35


Introduced by Senators Umberg and McGuire

December 07, 2020


An act to amend Sections 319.5, 8902, 8903, 18370, 18541, and 18568 of, and to add Sections 18372 and 18504 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 35, Umberg. Elections.
(1) Existing law prohibits the name of a candidate for Governor from being printed on the ballot of the direct primary election unless the candidate, at least 98 days before the direct primary election, files with the Secretary of State copies of every income tax return the candidate filed with the Internal Revenue Service in the 5 most recent taxable years. Existing law requires the candidate to redact specified information from each submitted return. Existing law requires the Secretary of State to review the redacted copy of each tax return, and, if the Secretary of State determines that the candidate has redacted information other than that which is specified, to prepare a new version of the tax return with only the permitted redactions.
This bill would extend the deadline for a candidate to submit tax returns to 88 days before the direct primary election. The bill would instead require the Secretary of State to notify the candidate of deficiencies in redactions, as specified, and require the candidate to submit hard copies of returns with corrected redactions no later than 5:00 p.m. on the 78th day before the direct primary election. A candidate who does not timely submit corrected hard copies would not be qualified to have their name placed on the ballot of the direct primary election. The bill would make conforming changes.
(2) Existing law makes it a crime to conduct certain political activities, including electioneering, within 100 feet of a polling place, an election official’s office, or a satellite voting location, as defined. Existing law defines electioneering as displaying visible or disseminating audible information that advocates for or against any candidate or measure on the ballot in specified locations. Existing law makes it a crime to conduct certain activities that constitute corruption of the voting process, including certain activities within 100 feet of a polling place with the intent of dissuading another person from voting.
This bill would expand the prohibited activities to include obstructing ingress, egress, and parking, and specify that such activities are prohibited within 100 feet of (1) the entrance to a building that contains a polling place, an elections official’s office, or satellite voting location, as defined, and (2) an outdoor site at which a voter may cast or drop off a ballot. The bill would also prohibit a person from soliciting a vote, speaking to a voter about marking the voter’s ballot, or disseminating visible or audible electioneering information in the immediate vicinity of a voter in line to cast a ballot or drop off a ballot, as further specified. The bill would require notice regarding prohibitions on electioneering and activity related to corruption of the voting process to be provided to the public. The bill would require the Secretary of State to promulgate regulations specifying the manner in which such notice would be given.
(3) Existing law imposes, for specified acts of interference with the placement, collection, or counting of ballots, a fine not exceeding $1,000, or imprisonment for 16 months or 2 or 3 years, or both.
This bill would also impose this penalty on: (1) a person who displays a container for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box, and (2) a person who directs or solicits a voter to place a ballot in such a container.
Because this bill would change or expand the definition of certain crimes related to elections, it 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: YES   Local Program: YES  

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


SECTION 1.

 Section 319.5 of the Elections Code is amended to read:

319.5.
 (a) “Electioneering” means the visible display or audible dissemination of information that advocates for or against any candidate or measure on the ballot within the 100 foot limit specified in subdivision (b). Prohibited electioneering information or activity includes, but is not limited to, any of the following:
(1) A display of a candidate’s name, likeness, or logo.
(2) A display of a ballot measure’s number, title, subject, or logo.
(3) Buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information.
(4) Dissemination of audible electioneering information.
(5) Obstructing access to, loitering near, or disseminating visible or audible electioneering information at vote by mail ballot drop boxes.
(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:
(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.
(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.

SEC. 2.

 Section 8902 of the Elections Code is amended to read:

8902.
 (a) Notwithstanding any other law, the name of a candidate for Governor shall not be printed on a direct primary election ballot, unless the candidate, at least 88 days before the direct primary election, files with the Secretary of State copies of every income tax return the candidate filed with the Internal Revenue Service in the five most recent taxable years, in accordance with the procedure set forth in Section 8903.
(b) If the candidate has not filed the candidate’s income tax return with the Internal Revenue Service for the tax year immediately preceding the primary election, the candidate shall submit a copy of the income tax return to the Secretary of State within five days of filing the return with the Internal Revenue Service.
(c) The requirement in subdivision (a) does not apply to any year in which the candidate was not required to file the candidate’s income tax return with the Internal Revenue Service.

SEC. 3.

 Section 8903 of the Elections Code is amended to read:

8903.
 (a) The candidate shall submit the following to the Secretary of State:
(1) (A) Two copies of each tax return required by Section 8902. One copy of each tax return shall be identical to the version submitted to the Internal Revenue Service, without redactions. The second copy of each tax return shall be redacted pursuant to this paragraph. The tax returns shall be provided to the Secretary of State in hard-copy form.
(B) The candidate shall redact the following information from the redacted version of each tax return:
(i) Social security numbers.
(ii) Home address.
(iii) Telephone number.
(iv) Email address.
(v) Medical information.
(C) The candidate may also redact the following information from the redacted version of each tax return:
(i) Names of dependent minors.
(ii) Employer identification number.
(iii) Business addresses.
(iv) Preparer tax identification number, address, telephone number, and email address of paid tax return preparers.
(2) A written consent form, signed by the candidate, granting the Secretary of State permission to publically release a version of the candidate’s tax returns redacted pursuant to this section. The Secretary of State shall prepare a standard consent form consistent with this paragraph.
(b) The Secretary of State shall review the redacted copy of each tax return submitted by the candidate to ensure that the redactions comply with subdivision (a). If the Secretary of State determines that the candidate has redacted information other than that permitted by subdivision (a), or failed to redact information required to be redacted by subdivision (a), the Secretary of State shall notify the candidate of any deficiencies. The candidate shall submit corrected hard copies of the tax return no later than 5:00 p.m. on the 78th day prior to the direct primary election. If the corrected hard copies are not timely submitted, the candidate shall not be qualified to have their name placed on the ballot of the direct primary election.
(c) (1) Within five days of receipt of the candidate’s tax returns, the Secretary of State shall make redacted versions of the tax returns available to the public on the Secretary of State’s internet website. Except as provided in paragraph (2), the Secretary of State shall make public the redacted versions of the tax returns submitted by the candidate pursuant to subdivision (a).
(2) If the candidate is required to submit a corrected redacted version of a tax return pursuant to subdivision (b), the Secretary of State shall make public that version.
(3) The public versions of the tax returns shall be continuously posted until the official canvass for the direct primary election is completed. Upon completion of the official canvass, the Secretary of State shall remove the public versions of the tax returns.
(4) The Secretary of State shall retain the paper copies of the submitted tax returns until the completion of the official canvass of the ensuing general election. Thereafter, the paper copies of the submitted tax returns shall be destroyed as soon as practicable, unless the Secretary of State has received a court order, or a lawful written request from a state or federal governmental agency, directing the Secretary of State to preserve the submitted tax returns.

SEC. 4.

 Section 18370 of the Elections Code is amended to read:

18370.
 (a) A person shall not, on election day, or at any time that a voter may be casting a ballot, within the 100 foot limit specified in subdivision (b), do any of the following:
(1) Circulate an initiative, referendum, recall, or nomination petition or any other petition.
(2) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot.
(3) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240.
(4) Do any electioneering as defined by Section 319.5.
(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:
(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.
(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.
(c) A person shall not, on election day, or at any time that a voter may be casting a ballot, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot:
(1) Solicit a vote.
(2) Speak to a voter about marking the voter’s ballot.
(3) Disseminate visible or audible electioneering information.
(d) Any person who violates any of the provisions of this section is guilty of a misdemeanor.

SEC. 5.

 Section 18372 is added to the Elections Code, to read:

18372.
 Notice regarding the prohibitions on electioneering set forth in this article shall be provided to the public. The Secretary of State shall promulgate regulations specifying the manner in which such notice shall be provided.

SEC. 6.

 Section 18504 is added to the Elections Code, to read:

18504.
 Notice regarding the prohibitions on activity related to corruption of the voting process set forth in this chapter shall be provided to the public. The Secretary of State shall promulgate regulations specifying the manner in which such notice shall be provided.

SEC. 7.

 Section 18541 of the Elections Code is amended to read:

18541.
 (a) A person shall not, with the intent of dissuading another person from voting, within the 100 foot limit specified in subdivision (b), do any of the following:
(1) Solicit a vote or speak to a voter on the subject of marking the voter’s ballot.
(2) Place a sign relating to voters’ qualifications or speak to a voter on the subject of the voter’s qualifications except as provided in Section 14240.
(3) Photograph, video record, or otherwise record a voter entering or exiting a polling place.
(4) Obstruct ingress, egress, or parking.
(b) The activities described in subdivision (a) are prohibited within 100 feet of either of the following:
(1) The entrance to a building that contains a polling place as defined by Section 338.5, an elections official’s office, or a satellite location specified in Section 3018.
(2) An outdoor site, including a curbside voting area, at which a voter may cast or drop off a ballot.
(c) A person shall not, with the intent of dissuading another person from voting, do any of the following within the immediate vicinity of a voter in line to cast a ballot or drop off a ballot:
(1) Solicit a vote.
(2) Speak to a voter about marking the voter’s ballot.
(3) Disseminate visible or audible electioneering information.
(d) A violation of this section is punishable by imprisonment in a county jail for not more than 12 months, or in state prison. Any person who conspires to violate this section is guilty of a felony.

SEC. 8.

 Section 18568 of the Elections Code is amended to read:

18568.
 Every person is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or by both that fine and imprisonment, who:
(a) Aids in changing or destroying any poll list or official ballot.
(b) Aids in wrongfully placing any ballots in the ballot container or in taking any therefrom.
(c) Adds or attempts to add any ballots to those legally polled at any election by fraudulently putting them into the ballot container, either before or after the ballots therein have been counted.
(d) Adds to or mixes with, or attempts to add to or mix with, the ballots polled, any other ballots, while they are being counted or canvassed or at any other time, with intent to change the result of the election, or allows another to do so, when in the person’s power to prevent it.
(e) Carries away or destroys, attempts to carry away or destroy, or knowingly allows another to carry away or destroy, any poll list, ballot container, or ballots lawfully polled or who willfully detains, mutilates, or destroys any election returns.
(f) Removes any unvoted ballots from the polling place before the completion of the ballot count.
(g) Displays a container for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box. Evidence of intent to deceive may include using the word “official” on the container, or otherwise fashioning the container in a way that is likely to deceive a voter into believing that the container is an official collection box that has been approved by an elections official.
(h) Directs or solicits a voter to place a ballot in a container prohibited by subdivision (g).

SEC. 9.

 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.