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| 1 | + | Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1947Introduced by Assembly Member LowJanuary 29, 2018 An act to add Section 102.5 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1947, as amended, Low. Petitions: compensation for signatures.Under existing law, a person who is 18 years of age or older may circulate an initiative, referendum, or recall petition.This bill would provide that it is a misdemeanor for a person to pay or to receive a person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition and would prescribe penalties for this crime. is guilty of a misdemeanor punishable by a specified fine, imprisonment, or both that fine and imprisonment. By creating a new crime, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 102.5 is added to the Elections Code, to read:102.5.(a)It is unlawful for a person to pay or to receive money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition.(b)Violation of this section is a misdemeanor, as follows:(1)102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(2)A person who is paid based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment.(c)(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 2 | 2 | ||
| 3 | - | ||
| 3 | + | Amended IN Assembly April 02, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 1947Introduced by Assembly Member LowJanuary 29, 2018 An act to add Section 102.5 to the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTAB 1947, as amended, Low. Petitions: compensation for signatures.Under existing law, a person who is 18 years of age or older may circulate an initiative, referendum, or recall petition.This bill would provide that it is a misdemeanor for a person to pay or to receive a person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition and would prescribe penalties for this crime. is guilty of a misdemeanor punishable by a specified fine, imprisonment, or both that fine and imprisonment. By creating a new crime, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
| 4 | 4 | ||
| 5 | - | ||
| 5 | + | Amended IN Assembly April 02, 2018 | |
| 6 | 6 | ||
| 7 | - | Enrolled August 24, 2018 | |
| 8 | - | Passed IN Senate August 23, 2018 | |
| 9 | - | Passed IN Assembly April 30, 2018 | |
| 10 | 7 | Amended IN Assembly April 02, 2018 | |
| 11 | 8 | ||
| 12 | 9 | CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION | |
| 13 | 10 | ||
| 14 | 11 | Assembly Bill No. 1947 | |
| 15 | 12 | ||
| 16 | 13 | Introduced by Assembly Member LowJanuary 29, 2018 | |
| 17 | 14 | ||
| 18 | 15 | Introduced by Assembly Member Low | |
| 19 | 16 | January 29, 2018 | |
| 20 | 17 | ||
| 21 | 18 | An act to add Section 102.5 to the Elections Code, relating to elections. | |
| 22 | 19 | ||
| 23 | 20 | LEGISLATIVE COUNSEL'S DIGEST | |
| 24 | 21 | ||
| 25 | 22 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 26 | 23 | ||
| 27 | - | AB 1947, Low. Petitions: compensation for signatures. | |
| 24 | + | AB 1947, as amended, Low. Petitions: compensation for signatures. | |
| 28 | 25 | ||
| 29 | - | Under existing law, a person who is 18 years of age or older may circulate an initiative, referendum, or recall petition.This bill would provide that a person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a specified fine, imprisonment, or both that fine and imprisonment. By creating a new crime, the 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. | |
| 26 | + | Under existing law, a person who is 18 years of age or older may circulate an initiative, referendum, or recall petition.This bill would provide that it is a misdemeanor for a person to pay or to receive a person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition and would prescribe penalties for this crime. is guilty of a misdemeanor punishable by a specified fine, imprisonment, or both that fine and imprisonment. By creating a new crime, the 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. | |
| 30 | 27 | ||
| 31 | 28 | Under existing law, a person who is 18 years of age or older may circulate an initiative, referendum, or recall petition. | |
| 32 | 29 | ||
| 33 | - | This bill would provide that a person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a specified fine, imprisonment, or both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. | |
| 30 | + | This bill would provide that it is a misdemeanor for a person to pay or to receive a person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition and would prescribe penalties for this crime. is guilty of a misdemeanor punishable by a specified fine, imprisonment, or both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. | |
| 34 | 31 | ||
| 35 | 32 | 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. | |
| 36 | 33 | ||
| 37 | 34 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 38 | 35 | ||
| 39 | 36 | ## Digest Key | |
| 40 | 37 | ||
| 41 | 38 | ## Bill Text | |
| 42 | 39 | ||
| 43 | - | The people of the State of California do enact as follows:SECTION 1. Section 102.5 is added to the Elections Code, to read:102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 40 | + | The people of the State of California do enact as follows:SECTION 1. Section 102.5 is added to the Elections Code, to read:102.5.(a)It is unlawful for a person to pay or to receive money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition.(b)Violation of this section is a misdemeanor, as follows:(1)102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(2)A person who is paid based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment.(c)(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 44 | 41 | ||
| 45 | 42 | The people of the State of California do enact as follows: | |
| 46 | 43 | ||
| 47 | 44 | ## The people of the State of California do enact as follows: | |
| 48 | 45 | ||
| 49 | - | SECTION 1. Section 102.5 is added to the Elections Code, to read:102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 46 | + | SECTION 1. Section 102.5 is added to the Elections Code, to read:102.5.(a)It is unlawful for a person to pay or to receive money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition.(b)Violation of this section is a misdemeanor, as follows:(1)102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(2)A person who is paid based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment.(c)(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 50 | 47 | ||
| 51 | 48 | SECTION 1. Section 102.5 is added to the Elections Code, to read: | |
| 52 | 49 | ||
| 53 | 50 | ### SECTION 1. | |
| 54 | 51 | ||
| 55 | - | 102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 56 | - | ||
| 57 | - | 102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 58 | - | ||
| 59 | - | 102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 52 | + | 102.5.(a)It is unlawful for a person to pay or to receive money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition.(b)Violation of this section is a misdemeanor, as follows:(1)102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(2)A person who is paid based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment.(c)(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 60 | 53 | ||
| 61 | 54 | ||
| 62 | 55 | ||
| 63 | - | 102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. | |
| 56 | + | (a)It is unlawful for a person to pay or to receive money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 57 | + | ||
| 58 | + | ||
| 59 | + | ||
| 60 | + | (b)Violation of this section is a misdemeanor, as follows: | |
| 61 | + | ||
| 62 | + | ||
| 63 | + | ||
| 64 | + | (1) | |
| 65 | + | ||
| 66 | + | ||
| 67 | + | ||
| 68 | + | 102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(2)A person who is paid based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment.(c)(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 69 | + | ||
| 70 | + | 102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.(2)A person who is paid based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment.(c)(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 71 | + | ||
| 72 | + | ||
| 73 | + | ||
| 74 | + | 102.5. (a) A person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished is guilty of a misdemeanor punishable by a fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment. | |
| 75 | + | ||
| 76 | + | (2)A person who is paid based on the number of signatures obtained on a state or local initiative, referendum, or recall petition shall be punished by a fine not to exceed one thousand dollars ($1,000), or by imprisonment in a county jail not to exceed six months, or by both that fine and imprisonment. | |
| 77 | + | ||
| 78 | + | ||
| 79 | + | ||
| 80 | + | (c) | |
| 81 | + | ||
| 82 | + | ||
| 64 | 83 | ||
| 65 | 84 | (b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition. | |
| 66 | 85 | ||
| 67 | 86 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 68 | 87 | ||
| 69 | 88 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 70 | 89 | ||
| 71 | 90 | SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 72 | 91 | ||
| 73 | 92 | ### SEC. 2. |