BILL NUMBER: AB 909	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Feuer
   (Coauthor: Senator Hancock)

                        FEBRUARY 26, 2009

   An act to amend Section 13102 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 909, as introduced, Feuer. Elections: voting.
    Existing law requires that one form of ballot be provided at an
election for public officers, except at partisan primary elections,
at which a ballot for each qualified political party and a
nonpartisan ballot shall be provided. Under existing law, at partisan
primary elections, a voter not registered with one of the political
parties is to be furnished a nonpartisan ballot, unless he or she
requests a ballot of a political party that has authorized a voter
not registered with that party to vote the ballot of that party, as
prescribed.
   This bill would require that a member of the precinct board, prior
to furnishing a ballot to a voter not registered with a political
party, provide written notification to the voter that he or she may
request a ballot of a political party that has authorized a voter not
registered with that party to vote the ballot of that party or a
nonpartisan ballot. The bill would require the written notification
to list each political party that has authorized a voter not
registered with that party to vote the ballot of that party.
   Because the bill would require elections officials to perform
additional duties, 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, 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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 13102 of the Elections Code is amended to read:

   13102.  (a) All voting shall be by ballot. There shall be
provided, at each polling place, at  each   an
 election at which  a  public  officers are
  officer is  to be voted for, but one form of
ballot for all candidates for public office, except that, for
partisan primary elections, one form of ballot shall be provided for
each qualified political party as well as one form of nonpartisan
ballot, in accordance with subdivision (b).
   (b) At  a  partisan primary  elections, each
  election, prior to furnishing a ballot to a 
voter  not registered as intending   who has
declined  to  affiliate with any one  
state a party affiliation,   a member  of the 
political parties participating in the election  
precinct board  shall  be furnished only a nonpartisan
ballot, unless   provide written notificati  
on informing the voter that  he or she  requests
  may request  a ballot  of  
for  a political party  and  that 
political party, by   has adopted a  party rule
 duly noticed to   as provided in subdivision
(c) or a nonpartisan ballot. If  the  Secretary of
State, authorizes   voter does not request  a
 person who   ballot for a political party that
 has  declined to state   adopted  a
party  affiliation to vote   rule as provided in
subdivision (c),  the  ballot of that political party
  voter shall be furnished a nonpartisan ballot  .
The nonpartisan ballot shall contain only the names of all candidates
for nonpartisan offices and measures to be voted for at the primary
election.  Each   A  voter registered as
intending to affiliate with a political party participating in the
election shall be furnished only a ballot of the political party with
which he or she is registered and the nonpartisan ballot, both of
which shall be printed together as one ballot in the form prescribed
by Section 13207.
   (c) A political party may adopt a party rule in accordance with
subdivision (b) that authorizes a person who has declined to state a
party affiliation to vote the ballot of that political party at the
next ensuing partisan primary election. The political party shall
notify the party chair immediately upon adoption of that party rule.
The party chair shall provide written notice of the adoption of that
rule to the Secretary of State not later than the 135th day prior to
the partisan primary election at which the vote is authorized.
   (d) The county elections official shall maintain a record of which
political party's ballot was requested pursuant to subdivision (b),
or whether a nonpartisan ballot was requested, by each person who
declined to state a party affiliation. The record shall be made
available to  any   a  person or committee
who is authorized to receive  copies   a copy
 of the printed indexes of registration for  a  primary
 and   or a  general  elections
  election  pursuant to Section 2184. A record
produced pursuant to this subdivision shall be made available in
either a printed or electronic format, as requested by the authorized
person or committee.
    (e)     For purposes of subd  
ivision (b), written notification includes, but is not limited to,
signs, placards, and other forms of written notice. The written
notification required by subdivision (b) shall list each party that
has adopted a party rule as provided in subdivision (c). 
  SEC. 2.  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.