Congressional Candidates. Limitations.

Transcription

1 University of California, Hastings College of the Law UC Hastings Scholarship Repository Initiatives California Ballot Propositions and Initiatives Congressional Candidates. Limitations. Follow this and additional works at: Recommended Citation Congressional Candidates. Limitations. California Initiative 553 (1991). This Initiative is brought to you for free and open access by the California Ballot Propositions and Initiatives at UC Hastings Scholarship Repository. It has been accepted for inclusion in Initiatives by an authorized administrator of UC Hastings Scholarship Repository. For more information, please contact

2 Office of the Secretary of State March Fong Eu 1230 J Street Sacramento, California #553 ELECTIONS DIVISION (916) For Hearing and Speech Impaired Only: (800) May 19,1992 TO: ALL COUNTY CLERKS/REGISTRARS OF VOTERS AND PROPONENT (92147) FROM: CATIIY MITCHELL INITIATIVE COORDINATOR Pursuant to Elections Code section 3520(b), you are hereby notified that the total number of signatures to the hereinafter named proposed INITIATIVE CONSTITUTIONAL AMENDMENT filed with all county elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient; therefore, the petition has failed. TITLE: CONGRESSIONAL CANDIDATES. LIMITATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. SUMMARY DATE: December 12, 1991 PROPONENT: Peter F. Schabarum CMlcb

3 Office of the Secretary of State March Fong Eu 1230 J Street Sacramento, California ELECTIONS DIVISION (916) For Hearing and Speech Impaired Only: (800) December 12, 1991 #553 TO ALL REGISTRARS OF VOTERS. OR COUNlY CLERKS. AND PROPONENT (91123) Pursuant to Section 3513 of the Elections Code, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed Initiative Measure entitled: Circulating and Filing Schedule CONGRESSIONAL CANDIDATES. LIMITATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. 1. Minimum number of signatures required ,958 Cal. Canst., Art. II, Sec. 8(b). 2. Official Summary Date... Thursday. 12/12/91 Elec. C., Sec Petition Sections: a. First day Proponent can circulate Sections for signatures Thursday. 12/12/91 Elec. C., Sec b. Last day Proponent can circulate and file with the county. All sections are to be filed at the same time within each county Monday. 05{11{92* Elec. C., Secs. 3513, 3520(a) c. Last day for county to determine total number of signatures affixed to petition and to transmit total to the Secretary of State Thursday, OS/21/92** (If the Proponent files the petition with the county on a date prior to 05/11/92, the county has five working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit the total to the Secretary of State.) Elec. C., Sec. 3520(b). * ** Date adjusted for official deadline which falls on Sunday. Elec. C., Sec. 60. Date varies based on receipt of county certification.

4 CONGRESSIONAL CANDIDATES. LIMITATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. December 12, 1991 Page 2 d. Secretary of State determines whether the total number of signatures filed with all county clerks meets the minimum number of required Signatures, and notifies the counties Saturday. 05/30/92** e. Last day for county to determine total number of qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State..... Friday. 07/10/92 (If the Secretary of State notifies the county to determine the number of qualified voters who signed the petition on a date other than OS/21/92, the last day is no later than the fifteenth day after the county's receipt of notification.) Elec. C., Sec. 3520(d), (e). f. If the signature count is more than 677,554 or less than 585,161, then the Secretary of State certifies the petition has qualified or failed, and notifies the counties. If the signature count is between 585,161 and 677,554 inclusive, then the Secretary of State notifies the counties using the random sampling technique to determine the validity of all signatures Monday. 07/20/92** g. Last day for county to determine actual number of all qualified vot;ers who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State Monday. 08/31/92 (If the Secretary of State notifies the county to determine the number of qualified voters who have signed the petition on a date other than 07/10/92, the last day is no later than the thirtieth working day after county's receipt of notification.) Elec. C., Sec (b), (c). h. Secretary of State certifies whether the petition has been signed by the number of qualified voters required to declare the petition sufficient... Friday. 09/04/92** ** Date varies based on receipt of county certification.

5 CONGRESSIONAL CANDIDATES. LIMITATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. December 12, 1991 Page 3 4. The Proponent of the above-named measure is: Peter F. Schabarum 880 West First St., Unit 612 Los Angeles, CA Important Points: (a) (b) (c) (d) (e) (f) California law prohibits the use of signatures, names and addresses gathered on initiative petitions for any purpose other than to qualify the initiative measure for the ballot. This means that the petitions cannot be used to create or add to mailing lists or similar lists for any purpose, including fund raising or requests for support. Any such misuse constitutes a crime under California law. Elections Code section 29770; Bilofsky v. Deukmejian (1981) 123 Cal.App. 3d 825, 177 Cal.Rptr. 621; 63 Ops. CaI.Atty.Gen. 37 (1980). Please refer to Elections Code sections 41,41.5,44,3501,3507,3508,3517, and 3519 for appropriate format and type consideration in printing, typing, and otherwise preparing your initiative petition for circulation and signatures. Please send a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file. Your attention is directed to the campaign disclosure requirements of the Political Reform Act of 1974, Government Code section et seq. When writing or calling state or county elections officials, provide the official title of the initiative which was prepared by the Attorney General. Use of this title will assist elections officials in referencing the proper file. When a petition is presented to the county elections official for filing by someone other than the proponent, the required authorization shall include the name or names of the persons filing the petition. When filing the petition with the county elections official, please provide a blank petition for elections official use. NOTE TO PROPONENTS WHO WISH TO QUALIFY FOR THE NOVEMBER 3, 1992 GENERAL ELECTION: this Initiative must be certhled for the ballot 131 days before the election (June 25, 1992). Please remember to time your submissions accordingly. Sincerely, w~ CATHY MITCHELL Initiative Coordinator Attachment: POLITICAL REFORM ACT OF 1974 REQUIREMENTS

6 DANIEL E. LUNGREN Attorney General Stat. of California DEPARTMENT OF JUSTICE 1515 K SI'REET, SUITE 511 P.O. BOX SACRAMBNI'O, CA (916) (916) December 12, 1991 Honorable March Fong Eu Secretary of State 1230 J Street Sacramento, CA F'J'[!ED.a tile ofiice of the Sewefary of State of Ike State of California DEC RE: Initiative Title and Summary ~~of_. ~:ltv.al Subject: CONGRESSIONAL CANDIDATES. LIMrfkr:s. Deputy INITIATIVE CONSTITUTIONAL AMENDMENT. Our File No. SA 91 RF 0031 Dear Mrs. Eu: Pursuant to the provisions of sections 3503 and 3513 of the Elections Code, you are hereby notified that on this day we mailed to the proponent of the above-identified proposed initiative our title and summary. Enclosed is a copy of our transmittal letter to the proponent, a copy of our title and summary, a declaration of mailing thereof, and a copy of the proposed measure. According to information available in our records, the name and address of the proponent is as stated on the declaration of mailing. MW:lgc EncIs. Sincerely, DANIEL E. LUNGREN Attorney General ~~r::~~ Initiative Coordinator

7 December 4, 1991 File No.:SA 91 RF 0031 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: CONGRESSIONAL CANDIDATES. LIMITATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. Prohibits election officials from accepting or verifying signatures on nomination papers; placing names on certified candidate lists; printing names on ballot materials, for those persons who: seek to become a candidate for United States House of Representatives after service as house member for eight or more of the previous eleven years, as defined; seek to become a candidate for United States Senate who, by the end of the then current term of office, served as Senator during twelve or more of the previous seventeen years, as defined. Authorizes write-in candidates. Includes severability clause. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local governments: This measure would have no direct fiscal impact on the state or local governments.

8 SAq/R.F003/ PETER F. SCHABARUM 880 WEST FIRST STREET, UNIT LOS ANGELES, CA (21.3) November 7, 't.~ 1 V~ ~ NOV D Honorable Dan Lungren Attorney General State of California INITIATIVE COORDINATOR ATTORNEY GEN~RAL'S OFFICE 1515 K Street, Suite #51.1 Sacramento, CA VXA FEDERAL EXPRESS RE: California Congressional Term Limitations Act of Dear Mr. Attorney General: This is to request that a title and summary of the ~overeferenced initiative constitutional amendment, attached hereto, be prepared and sent to the Secretary of State. Copies of the text and any future correspondence should be mailed directly to me, at the above address, as the proponent, and also to the counsel for this initiative, listed below: Dana W. Reed, Esq. Reed and Davidson. 550 S. Flower street, 7th Floor Los Angeles, California I am registered to vote at the following address: E. Eldorado Drive Indian Wells, California PUrsuant to Elections Code Section 3503, enclosed is a check in the amount of $ payable to the Department of Justice. Thank you very much for your service and assistance. Enclosures c Sincerely, ~ Q~--~ ~~<----' Peter F. Schabarum.'

9 TBB CALIPORKIA ~RK LXKXTATIOBa act OP 1"2 IB%TIATIVE MEASURE TO BE SUBKXTTED DXRECTLY TO THE VOTERS The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear). To The Honorable Secretary of State of California: We, the undersigned, registered, qualified voters of California, residents of county (or City and county), hereby propose amendments to the Constitution of California relating to the terms of office of federal legislative candidates and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or ~ otherwise provided by law. The proposed constitutional amendments (full title and text of the measure) read as follows: 1

10 The California Tera Liaitation8 Act of 1992 section One. Title. This act shall be known and may be cited as -The California Term Limitations Act of 1992." section TWo. Pindings and Declarations. of California hereby find and declare as follows: The People of the state (a) Federal officeholders who remain in office for extended periods of time become preoccupied with their own reelection and for that reason devote more effort to campaigning for their office than making legislative decisions for the benefit of the People of California. " (b) Federal officeholders have become too closely aligned with the special interest groups who provide contributions and support for their reelection campaigns, give them special favors, and lobby the House of Representatives and. senate for special interest legislation, all of which create :corruption or the appearance of corruption of the legislative system. (c) Entrenched incumbency has discouraged qualified citizens from seeking office and has led to a lack of competitiveness and a decline in robust debate on issues of importance to the People of California. 2

11 (d) Due to the appearance of corruption and the lack of competition for the legislative seats held by entrenched incumbents, there has been a reduction in voter participation which is counter-productive in a representative democracy. (e) The citizens of this state have a compelling interest in preventing corruption and the appearance of corruption by limiting the number of terms which any Senator or Representative representing the People of this state may serve. (f) The citizens of this state have a compelling interest in preserving the integrity of the ballot by promoting competitive elections and limiting the influence of special interests upon entrenched incumbent legislators. (g) The citizens of this state have a compelling interest in voting for the candidate or candidates of their choice, and in standing for and holding elective office, ~nd in preventing the perpetual monopolization of elective offices by incumbents. (h) The citizens of this state have a compelling interest in extending the equal protection of the laws by ensuring that more of the People of this state have an equal opportunity to stand for and hold elective office. 3.-

12 section Thr.e. Purpo.e and %ntent. The People of the state of California declare their purpose and intent in enacting this legislation to be as follows: (a) To promote, protect, and defend the compelling interest of the citizens of this state in preventing corruption and the appearance of corruption among the federal legislative representatives of this state by limiting the number of terms in which any senator or Representative may hold his or her office. (b) To promote, protect, and defend the compelling interest of the citizens of this state in preserving the integrity of the ballot by ensuring, to the greatest extent permitted by law, " competitive elections without the corrupting influences of special interests upon entrenched incumbents. (c) To promote, protect and defend the right of the citizens of this state, guaranteed by the First Amepdment of the United states Constitution, to vote for the candidates of their choice, and to stand for and hold elective office, by curtailing the effects of entrenched incumbency and freely permitting write-in candidacies. (d) To promote, protect, and defend the right of the citizens of this state to equal protection of the laws, guaranteed by the Fourteenth Amendment to the United states 4

13 . constitution, by giving more of the citizens of this state the opportunity to stand for and hold elective office ectiod Pour. Candidate.. LimitatioD OD Ballot Acce by Pederal Legi.lative Article VIII is hereby added to the California Constitution to read as follows: Article VIII SectioD 1. Pe4eral Legislative Candidates; Ballot Access. Notwithstanding any other provision of law or previously enacted provision of this Constitution, the Secretary of State, or other election official authorized by law, shall not accept or verify I' the signatures on any nomination paper for any person, nor shall he or she certify or place on the list of certified candidates, nor print or cause to be printed on any ballot, ballot pamphlet, sample ballot, or ballot label the name of any person, who either: (a) Seeks to become a candidate for a seat in the United States House of Representatives, and who, by the end of the then current term of office will have served, or but for resignation would have served, as a member of the United states House of Representatives representing any portion or district of the State of California during eight or more of the previous eleven years: or 5

14 Cb) Seeks to become a candidate for a seat in the United states Senate, and who, by the end of the then current term of office will have served, or but for resignation would have served, as a member of the united States Senate representing the state of California during twelve or more of the previous seventeen years. Section 2. "Write-In" Candidacies. Nothing in this article shall be construed as preventing or prohibiting any qualified voter of this state from casting a ballot for any person by writing the name of that person on the ballot, or from having, such a ballot counted or tabulated, nor shall any provision of this article be construed as preventing or prohibiting any person from standing or campaigning for any elective office by means of a "write-in" campaign.. section 3. Construction. Nothing in this article shall be construed as preventing or prohibiting the name of any person from appearing on the ballot at any direct primary or general election unless that person is specifically prohibited from doing so by the provisions of Section 1 of this article, and to that end the provisions of Section 1 shall be strictly construed. 6

15 section Pive. Severability. If any provision of this act shall be held by a court of competent jurisdiction to be invalid or unconstitutional for any reason, such invalidity or unconstitutionality shall not affect the other provisions of this act, and to that end the provisions of this act are severable. I 7

16 DECLARATION OF MAILING The undersigned Declarant states as follows: I am over the age of 18 years and not a proponent of the within matter; my place of employment and business address is 1515 K Street, Suite 511, Sacramento, California On the date shown below, I mailed a copy or copies of the attached letter to the proponents, by placing a true copy thereof in an envelope addressed to the proponents named below at the addresses indicated, and by sealing and depositing said envelope or envelopes in the United States mail at Sacramento, California, with postage prepaid. There is delivery service by United States mail at each of the places so addressed, or there is regular communication by mail between the place of mailing and each of the places so addressed. Date of Mailing: December 12, 1991 Subject: CONGRESSIONAL CANDIDATES. LIMITATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. Our File No.: SA 91 RF 0031 PETER F. SCHABARUM 880 West First Street, Unit 612 Los Angeles, CA I declare under penalty of perjury that the foregoing is true and correct. Executed at Sacramento, California, on: December 12, 1991.

17 DANIEL E. LUNGREN Attorney General State of California DEPARTMENT OF JUSTICE 1515 K STREEI', SUITE Sl1 P.O. BOX SACRAMENTO, CA SS0 (916) 44S-9SSS (916) December 12, 1991 PETER F. SCHABARUM 880 West First Street, Unit 612 Los Angeles, CA RE: Initiative Title and Summary Subject: CONGRESSIONAL CANDIDATES. LIMITATIONS. INITIATIVE CONSTITUTIONAL AMENDMENT. Our File No. SA 91 RF Dear Mr. Schabarum: Pursuant to your request, we have prepared the attached title and summary of the chief purposes and points of the above-identified proposed initiative. A copy of our letter to the Secretary of State, as required by Elections Code sections 3503 and 3513, our declaration of mailing, and the text of your proposal that was considered is attached. / The Secretary of State will be sending you shortly a copy of the circulating and filing schedule for your proposal that will be issued by that office. Please send us a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file in this matter. MW:lgc EncIs. cc: Dana Reed Sincerely, DANIEL E. LUNGREN Attorney Genet.al. ')7 L.t\.t~r'J-i;.f~ {-U")1~i- MARY~COMB Initiative Coordinator

18 6'~3 #_ (Inlt #) Ci\ 1... ':::2 TO ALL REGISTRARS OF VOTERS. OR COUNTY CLERKS. AND PROPONENT ( \ -.~~) Pursuant to Section 3513 of the Elections Code, we transmit herewith a copy of the Title and Summary prepared by the Attorney General on a proposed Initiative Measure entitled: (!J;AJ~SIOAJ Itt- ClHJDJ j)/fre?s'. LI ~ I m-n"~(title) QNITIATIVE CONSTITUTIONAL AMENDMEN~.IJ MA'ft!ll!l, tplfe) Circulating and Filing Schedule 1. Minimum number of signatures required... ~84,974 Cal. Const., Art. II, Sec. 8(b). 2. Official Summary Date Elec. C., Sec Petition Sections:.... _ a b. First day Proponent can circulate Sections for signatures... Elec. C., Sec Last day Proponent can circulate and file with the county. All sections are to be filed at the same time within each county Elec. C., Sees. 3513, 3520(a) * c. Last day for county to determine total number of signatures affixed to petition and to transmit total to the Secretary of State... ** (If the Proponent files the petition with the county on a date prior to, the county has eight working days from the filing of the petition to determine the total number of signatures affixed to the petition and to transmit the total to the Secretary of State.) Elec. C., Sec. 3520(b). * ** Date adjusted for official deadline which falls on Saturday/Sunday. Elec. C., Sec. 60. Date varies based on receipt of county certification.

19 INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Page 2 d. Secretary of State determines whether the total number of signatures filed with all county clerks meets the minimum number of required signatures, and notifies the counties ** e. Last day for county to determine total number of qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State I I, " (If the Secretary of State notifies the county to determine the number of qualified voters who signed the petition on a date other than, the last day is no later than the thirtieth day after the county's receipt of notification.) Elec. C., Sec. 3520(d), (e). f. If the signature count is more than 677,554 or less than 585,161, then the Secretary of State certifies the petition has qualified or failed, and notifies the counties. If the signature count is between 585,161: and 677,554 inclusive; then the Secretary of State notifies the counties using the random sampling: technique to determine the validity of all signatures '" ** g. Last day for county to determine actual number of all qualified voters who signed the petition, and to transmit certificate with a blank copy of the petition to the Secretary of State...,... (If the Secretary of State notifies the co!jnty to determine the number of qualified voters who have signed the petition on a date other than, the last day is no later than the thirtieth working day after county's receipt of notification.) Elec. C., Sec (b), (c). h. Secretary of State certifies whether the petition has been signed by the number of qualified voters required to declare the petition sufficient... ** ** Date varies based on receipt of county certification;

20 INITIATIVE CONSTITUTIONAL AMENDMENT AND STATUTE. Page 3 4. The Proponent of the above-named measure is: LJ 5. Important Points: (a) (b) (c) (d) (e) (f) California law prohibits the use of signatures, names and addresses gathered on initiative petitions for any purpose other than to qualify the initiative measure for the ballot. This means that the petitions cannot be used to create or add to mailing lists or similar lists for any purpose, including fund raising or requests for support. Any such misuse constitutes a crime under California law. Elections Code section 29nO; Bilofsky v. Deukmejian (1981) 123 Cal.App. 3d 825, 1n Cal.Rptr. 621; 63 Ops. CaI.Atty.Gen. 37 (1980). Please referto Elections Code sections 41,41.5,44,3501,3507,3508,3517. and 3519 for appropriate format and type consideration in printing. typing, and otherwise preparing your initiative petition for circulation and signatures. Please send a copy of the petition after you have it printed. This copy is not for our review or approval, but to supplement our file; Your attention is directed to the campaign disclosure requirements of the Political Reform Act of Government Code section et seq. When writing or calling state or county elections Officials, provide the official title of the initiative which was prepared by the Attorney General. Use of this title will assist elections officials in referencing the proper file. When a petition is presented to the county elections official for filing by someone other than the proponent, the required authorization shall include the name or names of the persons filing the petition. When filing the petition with the county elections official, please provide a blank petition for elections official use. NOTE TO PROPONENTS WHO WISH TO QUALIFY FOR THE NOVEMBER 3, 1992 GENERAL ELECTION: This Initiative must be certified for the ballot 131 days before the election (June ). Please remember to time your submissions accordingly. Sincerely. Attachment: POUTICAL REFORM ACT OF 1974 REQUIREMENTS

21 #553 INITIATIVE CHECK LIST Phone Notification from AG - Datetrime: --",D::.:ece=m=b=er~12::S'-I1~99~1 Title of Initiative: CONGRESSIONAL CANDIDATES. LIMITATIONS. Type of Initiative: _-<.:.x CA S CAandS Number of Pages: Number of Proponents: 1 Date and Time Initiative will be ready for delivery: InitiallDatetrime 1. (t8m12/ Gh)vv; (J ~{ :00 4. C' J.-t 112/12 /IO\.JJ 5. C.""'" /12112 / IG.L:C) Cathy informs Caren, Media and Gabrielle (copy room) the day and time initiative will be ready for delivery. Cathy gives check list to Caroline to prepare calendar. Caroline prepares and proofs calendar and log and returns both to Cathy. Caroline proofs calendar and log. Caroline gives final calendar and log to Cathy. 6. (yjjj'fy/'t2/12 1 Cathy reviews and has Caren sign. calendar to Caroline. Cathy returns signed 7. cd'-l /12/12/ 8. C-M 112/12 / 9. c.. 4t 12/12 / Caroline makes copies of initiative calendar for each proponent. Caroline attaches copy of Political Reform Act of 1974 Requirements to proponent's copy of initiative calendar. Caroline prepares Mail/Freight Request Form. Deirdre hand carries MaiIlFreight Request form and initiative calendar for each proponent (ready for mailing) to Service and Supply. Initiative calendar sent on fd l /;:;;r- (date) to each proponent. (This must be sent to each proponent same day AG prepares Title & Summary) i Caroline advises Cathy when initiative calendar is sent to proponent( s).

22 INITIATIVE CALENDAR CHECK LIST PAGE 11. CJi 112/12 1 Caroline distributes copies of initiative calendar same day AG prepares Title & Summary to : Tony Media Jerry Cathy 12. o.m/ Caroline distributes copies of initiative calendar to: All CC/ROV Political Reform (2 copies) Elections Staff Initiative Mailing List Extra copies for public distribution Master copy Sue Gresham, Calif Chamber of Commerce 13. C ~( 112/ ~,H / Caroline advises Cathy of completion of above distribution. Caroline makes copies of log and distributes as follows: 1. Initiative canvass binder 2. Vi Daniels (Initiative Mailing List) 3. Melodi Andersen (Archives) 4. Oliver Cox 5. Initiative Clipboard 8. Media Office 15. /12112/ 16. /12/12/ / /121 Dale prepares folder for public distribution. Jennifer prepares index cards for each initiative. Caroline staples MaillFreight Request form to back of INITIATIVE CHECK LIST. Caroline returns completed INITIATIVE CHECK LIST to Caren. Caren returns check list to Cathy.

23 ELECTrONS DrvISION Mai1JFreight Request