BILL ANALYSIS Ó
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Norma J. Torres, Chair
BILL NO: AB 1316 HEARING DATE: 6/4/13
AUTHOR: HARKEY ANALYSIS BY: Frances Tibon
Estoista
AMENDED 4/16/13
FISCAL: YES
SUBJECT
Election ballots: identical candidate names
DESCRIPTION
Existing law sets forth specific procedures, requirements
and specifications relating to ballots in all elections.
Existing law authorizes a person who is a candidate for any
office to file a statement with the county elections
official attesting to his or her belief that some other
person with a name so similar as to be confused with his or
her name has filed or will file a nomination paper for the
same office. Provides that the statement that shall be in
substance as follows:
"I _________________________, believe that some other
person, whose name is so similar to mine that it may be
confused with mine, has filed or will file a nomination
paper for the same office for which I have filed a
nomination paper, and I therefore request and direct that
number _________________ be printed with my name on the
ballot as a distinguishing mark.
______________________________________
Name
Candidate for
the office of ________________"
Existing law requires the number chosen by the candidate to
be printed in large boldface type at the left of the name
on the ballot.
Existing law provides that if two or more candidates for
the same office designate the same distinguishing number,
the first candidate who filed his or her nomination papers
shall have the number, and other candidates who designated
the same number may file papers designating other
distinguishing numbers.
Existing law requires the elections official, in addition
to the designated number or numbers to place on the ballot
when the above conditions are met, to place on the ballot,
immediately following the designation of the office and
immediately preceding the names of the candidates to be
voted upon, the following warning in boldface type:
"Warning! There are two (or applicable number)
candidates for this office with identical names."
Existing law requires the warning listed above to be
included, in boldface type and in a prominent manner, on
any sample ballot, ballot pamphlet, or other mailing sent
by the county elections official, prior to the election, to
persons eligible to vote for this office.
This bill repeals the provision that allows each candidate
to choose the number that is used to distinguish him, or
herself from other candidates.
This bill requires the elections official, if two or more
candidates with similar names file nomination papers for
the same office, to assign each such candidate a number
based on the order in which the candidates filed their
nomination papers, and further requires that the first
candidate be assigned the number "1", with each subsequent
candidate with a similar name being assigned the next
number in numerical sequence.
This bill eliminates the requirement that the candidates'
distinguishing numbers and certain warning language must be
printed in boldface type.
This bill requires the elections official to conduct a
randomized drawing of the numbers assigned to the
candidates in order to determine the order in which
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candidates' names will appear on the ballot.
BACKGROUND
Existing law requires the elections official, whenever
there are two candidates with similar or identical names,
to print a number that distinguishes one candidate from the
other, in large boldface type to the left of the candidates
name on the ballot. In addition to printing the number
next to the candidates name, a warning message is also
required to be prominently printed in boldface type
preceding the candidates' names. Not all equipment used
for the printing of election materials is designed to
accommodate boldface typesetting or varying font sizes.
Counties facing this requirement for the first time may
encounter problems absorbing this additional expense.
COMMENTS
1. According to the author : Election Code 13118 has
proven to be problematic for city officials and
candidates for a couple of reasons.
First, the statute fails to state which numbers are
eligible to be placed next to the names of
identically-named candidates on the ballot. Because a
candidate may choose their own number, the City of San
Clemente experienced difficulty when candidates began
using this process to vie for preferred placement on the
ballot, bringing up questions pertaining to negative
numbers, a number's length, or whether or not "0" is a
number.
AB 1316 would specify that the distinguishing mark would
be assigned in the same order that the candidates file
their nomination and statement. The elections official
will make their assignments using the number "1," and
continue in numerical sequence until each candidate has
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been distinguished from the others.
Further, AB 1316 will remove the requirement that large,
boldface type be used to warn the voter, and require a
drawing of numbers to determine positioning on the
ballot.
AB 1316 is necessary because clarification of Election
Code 13118 will allow for a smoother and more
cost-effective election process for candidates, election
officials - and most importantly, voters.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 7-0
Assembly Appropriations Committee: 17-0
Assembly Floor: 75-0
POSITIONS
Sponsor: City Clerks Association of California (CCAC)
Support: California Association of Clerks and Election
Officials (CACEO)
League of California Cities
Secretary of State
Oppose: None received
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