AB 446

Bill Subjects

Abstract

Existing law permits a group of voters to form a new political party by filing a formal notice with the Secretary of State that states an intent to qualify to participate in a primary election or a presidential general election and by holding a caucus or convention at which the group elects temporary officers and designates a party name that does not mislead the voters or conflict with the name of an existing party or political body that has previously filed notice, as specified. This bill would require the Secretary of State to notify a political body's temporary officers in writing if a designated party name is rejected and to provide reasons for the rejection. The bill would authorize a temporary officer to request that the Secretary of State reconsider the rejection, as provided. The bill would allow the party name of a political body that has not qualified as a political party and is considered to have abandoned its attempt to qualify as a political party to be used by a future political body on or after the date the political body is considered to have abandoned its attempt to qualify as a political party. Existing law authorizes a political body, after filing formal notice to qualify as a political party, to request the Secretary of State to count toward its qualification as a political party affidavits of registration in which voters declared affiliation with the political body prior to the date on which the formal notice to qualify as a political party was filed. This bill would require a political body to provide from its temporary officers a signed affidavit stating that it is the same political body that voters declared affiliation with in order for the Secretary of State to count previous affidavits of registration toward the body's qualification as a political party, as specified. Under existing law, a political body that files notice to qualify as a political party but that has not qualified by the 135th day before a primary election or the 102nd day before a presidential general election is considered to have abandoned its attempt to qualify as a political party and is ineligible to participate in the following election. This bill would provide that a political body that has not qualified by those deadlines has not abandoned its attempt to qualify as a political party if the political body files a new notice of intent to qualify as a political party within 2 years of becoming ineligible to participate in an election. Under existing law, a political party is qualified to participate in a primary election or presidential general election if, among other methods of qualification, a petition declaring an intent to form a party and participate in the election is signed by voters equal in number to at least 10% of the entire statewide vote at the last preceding gubernatorial election and is filed with the Secretary of State on or before the 135th day before the election. The bill would reduce the number of voter signatures required to qualify for a primary election or presidential general election by filing a petition with the Secretary of State to 3% of the entire statewide vote at the last preceding gubernatorial election. By imposing new duties on county elections officials with respect to the conduct of elections, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 5100 of the Elections Code proposed by AB 796 to be operative only if this bill and AB 796 are enacted and this bill is enacted last. 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.