SB 1293

Bill Subjects

Abstract

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, 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.