Bill Text: CA SB251 | 2023-2024 | Regular Session | Amended

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Bill Title: Candidates’ statements: false statements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2024-01-16 - In Assembly. Read first time. Held at Desk. [SB251 Detail]

Download: California-2023-SB251-Amended.html

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Amended  IN  Senate  January 03, 2024

Amended  IN  Senate  March 08, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 251

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Introduced by Senator Newman

January 30, 2023

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An act to add Section 87106 to the Government Code, relating to the Political Reform Act of 1974. amend Section 18351 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

SB 251, as amended, Newman. Political Reform Act of 1974: elected officers: conflicts of interest.Candidates’ statements: false statements.

Existing law permits a candidate for nonpartisan elective office, and an officer whose recall is being sought, to file with the elections official a candidate’s statement that includes a brief description of the candidate’s education and qualifications. Existing law requires an elections official to include in the county voter information guide a candidate’s statement from a candidate for nonpartisan elective office and from an officer whose recall is being sought. Existing law prohibits a candidate for nonpartisan elective office, or an incumbent in a recall election, to knowingly make a false statement of material fact in the candidate’s statement with the intent to mislead the voters in connection with the candidate’s campaign for nomination or election to an office. Violation of this prohibition is punishable by a fine not to exceed $1,000.

This bill would increase the maximum fine amount to $5,000.

The Political Reform Act of 1974 provides for the comprehensive regulation of conflicts of interest of public officials. The act makes a knowing or willful violation of its provisions a misdemeanor.

This bill would prohibit an elected officer from employment by any other elected officer with the same constituency, except if the elected officer first began their employment by the other elected officer with the same constituency on or before December 31, 2023. The bill would not apply to statewide elected officers. By expanding the scope of an existing crime, 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.

The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 23 vote of each house of the Legislature and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Digest Key

Vote: TWO_THIRDSMAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: YESNO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 18351 of the Elections Code is amended to read:

18351.

 Any candidate in an election or incumbent in a recall election who knowingly makes a false statement of a material fact in a candidate’s statement, prepared pursuant to Section 11327 or 13307, with the intent to mislead the voters in connection with his or her campaign for nomination or election to a nonpartisan office is punishable by a fine not to exceed one thousand dollars ($1,000).It is unlawful for a candidate in an election, or an incumbent in a recall election, to knowingly make a false statement of a material fact in a candidate’s statement, prepared pursuant to Section 11327 or 13307, with the intent to mislead the voters in connection with the candidate’s campaign for nomination or election to a nonpartisan office. A candidate or incumbent who is convicted of violating this section shall pay a fine not to exceed five thousand dollars ($5,000).

SECTION 1.Section 87106 is added to the Government Code, to read:

87106.

(a)An elected officer shall not be employed by any other elected officer with the same constituency.

(b)(1)For purposes of this section, “elected officer” does not include a person holding statewide elective office, as defined in Section 82053.

(2)For purposes of this section, elected officers share a constituency if any individual is represented by both officers.

(c)Notwithstanding subdivision (a), an elected officer may be employed by any other elected officer with the same constituency if that employment began on or before December 31, 2023.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 3.

The Legislature finds and declares that this bill furthers the purposes of the Political Reform Act of 1974 within the meaning of subdivision (a) of Section 81012 of the Government Code.