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Elections. Term Limit Declarations for
Congressional Candidates. Initiative Statute.
Text of Proposition 27
 

This initiative measure is submitted to the people in accordance with the provisions of Section 8 of Article II of the California Constitution.

This initiative measure adds a section to the Elections Code; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

 

PROPOSED LAW

Section 1. Title

This measure shall be known and may be cited as the "Congressional Term Limits Declaration Act of 1998."

Section 2. Findings and Declarations of Purpose

(a) The State of California allows a candidate's political party affiliation and profession, vocation, or occupation to appear on the ballot.

(b) A candidate's party designation informs the people of certain basic choices a candidate will make with respect to the candidate's service in public office. Party designations are allowed because they may help the people discern what kind of representative the candidate will make.

(c) Many candidates currently inform the people of how many terms of office they intend to serve, but in an unofficial and unaccountable way.

(d) A candidate's position on voluntarily limiting his or her service helps the people discern what kind of representative the candidate will make to such an extent that the people of the State of California declare their desire to enact the Congressional Term Limits Declaration Act of 1998.

Section 3. Voluntary Term Limits Declaration

Section 13107.5 is added to the Elections Code, to read:

13107.5. (a) Any person seeking to be elected to the United States Congress may submit to the Secretary of State, no later than 15 days prior to the certification of all congressional election ballots, an executed copy of any one of the following declarations but is not required to submit a declaration. If a candidate does not submit a declaration as described by this section, the Secretary of State may not, on that account, refuse to place his or her name on the official ballot.

#italic#Term Limits Declaration One

#italic#Part A: I, , voluntarily declare that, if elected, I will not serve in the United States [House of Representatives more than 3 terms] [Senate more than 2 terms] after the effective date of the Congressional Term Limits Declaration Act of 1998.

#italic#Signature by candidate executes Part A Date

After executing Part A, a candidate may execute and submit the voluntary statement in Part B.

#italic#Part B: I, , authorize and request the Secretary of State to place the applicable ballot designation, "Signed declaration to limit service to [3 terms] [2 terms]" or "Running for ( ) term after declaring to limit service to no more than [3 terms] [2 terms]" next to my name on every election ballot and in all state-sponsored voter education material in which my name appears as a candidate for the office to which Term Limits Declaration One refers.

Signature by candidate executes Part B Date

If the candidate chooses not to execute any or all parts of the above declaration, then he or she may execute and submit to the Secretary of State any or all parts of the following declaration:

#italic#Term Limits Declaration Two

#italic#Part A: I, , have voluntarily chosen not to sign Term Limits Declaration One. If I had signed this declaration, I would have voluntarily agreed to limit my service in the United States [House of Representatives to no more than 3 terms] [Senate to no more than 2 terms] after the effective date of the Congressional Term Limits Declaration Act of 1998.

Signature by candidate executes Part A Date

After executing Part A, a candidate may execute and submit the voluntary statement in Part B.

#italic#Part B: I, , authorize and request the Secretary of State to place the ballot designation, "Chose not to sign declaration to limit service to [3 terms] [2 terms]" next to my name on every election ballot and in all state-sponsored voter education material in which my name appears as a candidate for the office to which Term Limits Declaration Two refers.

Signature by candidate executes Part B Date

(b) In the ballot designations in this section, the Secretary of State shall incorporate the applicable language in brackets [ ] for the office the candidate seeks and shall calculate and put in place of the empty parentheses ( ) the number of the term of office that the candidate seeks after the effective date of this section. However, service prior to January 1, 1999 may not be included in the calculation, and the terms shall be calculated without regard to whether the terms were served consecutively.

(c) The Secretary of State shall allow any candidate who at any time has submitted an executed copy of Term Limits Declaration Two to submit an executed copy of Term Limits Declaration One in accordance with this section, at which time all subdivisions affecting Term Limits Declaration One shall apply.

(d) Except when subdivision (e) applies, if a candidate has submitted an executed declaration, and the candidate is not elected to the office which that candidate sought, the executed term limits declaration will not be in effect for any future election. That candidate may resubmit any executed declaration in this section for a future election, pursuant to this section.

(e) If a candidate has submitted an executed copy of Term Limits Declaration One, and the candidate is elected to the office which that candidate sought, that executed declaration shall remain in effect for all future elections for that same office.

(f) Except when subdivision (d) applies, the Secretary of State shall place on that part of the official election ballot and in all state-sponsored voter education material, immediately following the name of each candidate who has executed and submitted Parts A and B of Term Limits Declaration One, either the words, "Signed declaration to limit service to [3 terms] [2 terms]" or, for any candidate who has executed and submitted Parts A and B of Term Limits Declaration One and thereafter qualifies as a candidate for a term that would exceed the number of terms set forth in Term Limits Declaration One, the words, "Running for ( ) term after declaring to limit service to no more than [3 terms] [2 terms]". Except when subdivision (d) applies, the Secretary of State shall place on that part of the official election ballot and in all state-sponsored voter education material, immediately following the name of each candidate who has executed and submitted Parts A and B of Term Limits Declaration Two, the words, "Chose not to sign declaration to limit service to [3 terms] [2 terms]".

(g) For the purpose of this section, service in office for more than one-half of a term shall be deemed as service for a full term.

(h) A candidate may not have more than one declaration and ballot designation in effect for any office at the same time, and a candidate may execute and submit Part B of a declaration only if Part A of that declaration is or has been executed and submitted.

(i) The Secretary of State shall provide candidates with all the declarations in this section, and promulgate regulations as provided by law to facilitate implementation of this section as long as the regulations do not alter the intent of this section.

Section 4. Standing

The proponents of this initiative, as defined by Section 342 of the Elections Code, have standing to defend its provisions.

Section 5. Severability

If any part of Sections 1 to 4, inclusive, or their application to any person or circumstance is held invalid, the invalidity shall not affect other provisions, subdivisions or applications that reasonably can be given effect without the invalid provisions or application.

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