Elections: in-lieu-filing-fee and political party qualification petitions: penal provisions.

Existing law authorizes a party to qualify to participate in any primary election if specified requirements are met, including the filing with the Secretary of State a petition signed by voters declaring that the voters represent a proposed party desiring to participate in that primary election. This bill would define the term "political party qualification petition" for these purposes to mean a petition circulated to qualify a political party in accordance with existing procedures. Existing law provides that a person committing specified activities relating to the circulation, subscription, or signature of an initiative, referendum, or recall petition is guilty of a misdemeanor or felony or subject to a fine or imprisonment or both that fine and imprisonment. This bill would additionally provide that a person committing these specified activities in relation to the circulation, subscription, or signature of a political party qualification petition would be subject to the above penal provisions. Existing law authorizes a candidate to submit a petition containing signatures of registered voters in lieu of a filing fee, as specified. Existing law also provides that any person who commits specified fraudulent or deliberate activities relating to the filing of any nomination paper or declaration of candidacy is guilty of a misdemeanor or subject to a fine or imprisonment, or both that fine and imprisonment. This bill would additionally provide that a person committing these specified activities in relation to the submission of an in-lieu-filing-fee petition would be subject to the penal provisions specified above. By creating additional crimes, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Sections 5100 and 5151 of the Elections Code, as proposed by AB 2351, to be operative only if AB 2351 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered last. The bill would incorporate additional changes to Section 18621 of the Elections Code, as proposed by SB 1253, to be operative only if SB 1253 and this bill are both chaptered and become effective on or before January 1, 2015, and this bill is chaptered 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 no reimbursement is required by this act for a specified reason.