Cases and Materials on California's Political and Election Laws
Edition: 1
Copyright: 2024
Edition: 1
Copyright: 2024
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California’s political and election laws have been in place for decades and there is an extensive number of statutes and appellate court decisions in these areas. The state’s political laws began in earnest with the voters’ adoption of Proposition 9 in 1974, which established the Political Reform Act (PRA) in the Government Code. California’s elections laws are contained in their own volume of the Codes – the Elections Code – with hundreds of sections.
In putting together this casebook, like in other areas of California law, there are just too many topics to cover. While most of the PRA and Elections Code provisions are covered in this casebook, some areas of those laws are not discussed in depth. And, of course, there are hundreds of appellate court decisions related to these two areas of law, which means many of those decisions cannot be included in a casebook. Lastly, because I have earlier published a casebook on the three forms of direct democracy in this state, those chapters and cases in this casebook are limited because they can be covered in the separate casebook and its own course.
This casebook attempts to explain most of the statutory provisions of the Elections Code and Political Reform Act, and utilizes appellate court decisions that provide assistance in understanding these laws. I have tried to include cases that are well written and explain areas of the laws for the reader’s further understanding of the application of the statutes in political and election laws in California.
About the Author
Preface
Forewords
Chapter 1 Unique Aspects of California’s Electoral System
Bramberg v. Jones
California Democratic Party v. Jones
Chapter 2 California’s Role in National Politics
Chapter 3 California Election Law – Constitutional Provisions
Field v. Bowen
Flood v. Riggs
Chapter 4 The Secretary of State
Chapter 5 Secretary of State’s Regulatory Provisions
Chapter 6 Duties of the Secretary of State for Voting Results
AFSCME v. Eu
County of San Diego v. Bowen
Otsuka v. Hite
Chapter 7 Fair Political Practices Commission
Chapter 8 The FPPC’s Statutory Provisions
Chapter 9 The FPPC’s Regulatory Provisions
Citizens to Save California v. California Fair Political Practices Commission
Californians for Political Reform Foundation v. Fair Political Practices Commission
Chapter 10 Terms Defined in the Elections Code
Chapter 11 Is Voting Secret in California?
Greene v. Marin County Flood Control and Water
Poniktera v. Seiler
Chapter 12 Prop. 17 Allows Former Felons to Vote
Chapter 13 The Voter Bill of Rights
Chapter 14 Requirements for Elections to the California Legislature
Chapter 15 General Provisions of California’s Elections Code
Chapter 16 Voluntary Candidate Spending Limits
Chapter 17 Disclosures in Campaign Advertisements
Planning and Conservation League v. Lungren
Chapter 18 Write-in Candidates in California
Chapter 19 Provisional Voting in California
Chapter 20 Bond Measures Submitted to Voters
Chapter 21 Ballot Pamphlet Requirements
Denny v. Arntz
McDonough v. Superior Court
Costa v. Superior Court
Chapter 22 Non-Partisan Races in California
Chapter 23 Top-Two Primary System in California
Rubin v. Padilla
Chapter 24 Election Dates in California
Chapter 25 When Do Local and State Elected Officials Take Office?
Chapter 26 Election Contests in California
McKinney v. Superior Court
Chapter 27 Political Party Qualifications
Libertarian Party of California v. Eu
Chapter 28 Voter Qualifications in California
Chapter 29 Online Voter Registration
Chapter 30 California’s New Motor Voter Program
Chapter 31 Student Voter Registration Act
Chapter 32 Voter Registration Agencies in California
Chapter 33 Conditional Voter Registration
Chapter 34 Cancellation of Voter Records
Chapter 35 Voter Registration Rosters
Chapter 36 Residency Confirmation Procedures in California
Thompson v. Mellon
Walters v. Weed
Chapter 37 California Voter Registration Provisions
Collier v. Menzel
Chapter 38 Rules for Military and Overseas Voters
Chapter 39 The Visually Impaired Voter Assistance Act
Chapter 40 Voting Accessibility Advisory Committees
Chapter 41 Election Management Systems in California
Chapter 42 Truth in Election Campaign Endorsements
Chapter 43 Election Nominations
Chapter 44 Election Petitions and Petition Signers
Ni v. Slocum
Chapter 45 Rules for New Citizen Voters
Chapter 46 Rules for New Resident Voters
Chapter 47 Permanent Vote by Mail in California
Chapter 48 Privileges of Voters in California
Chapter 49 California’s Voter Participation Act
City of Redondo Beach v. Padilla
Chapter 50 Ballot Measures Proposed by the Legislature
Chapter 51 General Provisions for Measures Submitted to Voters
Independent Energy Producers Assn v. McPherson
Chapter 52 Forms and Order of Ballots
Citizens Oversight, Inc. v. Vu
Andal v. Miller
Chapter 53 Ballot Titles
Lungren v. Superior Court
Yes on 25, Citizens for an On-Time Budget v. Superior Court
Howard Jarvis Taxpayers Assn. v. Bowen
Chapter 54 Ballot Arguments
Chapter 55 Voting on a Referendum
Worthington v. City Council
Chapter 56 Voting on a Recall Petition
Mapstead v. Anchundo
Chapter 57 Candidacy Under California Law
Chapter 58 Elections to Fill Vacancies
Chapter 59 Income Tax Disclosures for Candidates
Patterson v. Padilla
Chapter 60 Preelection Procedures in California
Chapter 61 Ballot Security and Reporting of Election Results
Chapter 62 Tie Votes in California Elections
Chapter 63 Election Recounts in California
Chapter 64 California’s Voting Rights Act
Chapter 65 Challenging a Voter in California
Chapter 66 Prohibitions and Campaign Committees
Chapter 67 Solicitation of Campaign Funds in California
Chapter 68 Fair Campaign Practices in California
Chapter 69 Limitations on Incumbency
Chapter 70 Local Elections Procedures
Pico Neighborhood Assn. v. City of Santa Monica
Chapter 71 Municipal Elections
Thompson v. Mellon
Chapter 72 General Law City Elections in California
Chapter 73 Charter City Elections in California
Chapter 74 Emergency Elections in Cities
Chapter 75 Local Redistricting Commissions
Chapter 76 Libel and Slander in California Political Campaigns
Chapter 77 Retaining and Preserving Election Records
Chapter 78 Penal Provisions of the Elections Code – Voter Registration and Candidate Nominations
Chapter 79 Penal Provisions of the Elections Code – Election Campaigns
Chapter 80 Penal Provisions of the Elections Code – Voting Process
Americans for Safe Access v. County of Alameda
Chapter 81 Penal Provisions of the Elections Code – Direct Democracy
Chapter 82 General Provisions of the Political Reform Act
Howard Jarvis Taxpayers Assn. v. Newsom
FPPC v. Superior Court
Chapter 83 Required Financial Disclosures by Public Officials
Chapter 84 Loans to Public Officials
Chapter 85 Auditing Under the PRA
Chapter 86 Enforcement of the PRA
Steadman v. Osborne
Chapter 87 California’s Ethics in Government Act
Chapter 88 California State Officers and Honoraria and Gifts
Chapter 89 Executive Branch Officials and the Revolving Door Limitation
Chapter 90 Gifts and Honoraria and California Legislators
Chapter 91 Legislative Code of Ethics
Chapter 92 Statements of Economic Interest by Public Officials
Chapter 93 General Prohibitions Against Conflicts of Interest
Chapter 94 Conflict of Interest Codes
All Towing Services LLC v. City of Orange
Schroeder v. Irvine City Council
Chapter 95 Ethics for Legislative Staff
Chapter 96 California Ethics Rules for the Lobbying Profession
Chapter 97 Lobbyist Prohibitions
Chapter 98 Lobbyist Exemptions
Chapter 99 Registration and Reporting Requirements for Lobbyists
Chapter 100 Online Disclosure Act Under the PRA
Chapter 101 Filling a Constitutional Office Vacancy
Lungren v. Deukmejian
Chapter 102 Independent Expenditures in California Elections
Californians for Fair Representation – No on 77 v. Superior Court
Governor Gray Davis Committee v. American Taxpayers Assn
Chapter 103 Behested Payments and the Political Reform Act
Chapter 104 Filling A Vacancy in the Legislature
Chapter 105 Overview of Laws Regulating State Lobbyists
Chapter 106 Lobbying Related Terms in the Political Reform Act
Chapter 107 Placement Agents and the Political Reform Act
Chapter 108 Functions and History of Direct Democracy in California
Chapter 109 Overview of the Initiative Process
Chapter 110 The Law of Initiatives
California Association of Retail Tobacconists v. State of California
Chapter 111 California’s Ballot Initiative Transparency Act
Brown v. Superior Court
Chapter 112 Overview of the Referendum Process
Chapter 113 The Law of the Referendum
Lindelli v. Town of San Anselmo
Molloy v. Vu
Chapter 114 Overview of the Recall Process
Chapter 115 The Law of the Recall
De Bottari v. Melendez
Chapter 116 Redistricting in California
Nadler v. Schwarzenegger
Chapter 117 Redistricting – Constitutional Provisions
Assembly v. Deukmejian
Chapter 118 The Citizens Redistricting Commission
Chapter 119 Voter Approval for Local Tax Levies – Constitutional Provisions
City and County of San Francisco v. All Persons Interested in Matter of Proposition C
Appendix I Article II
Appendix II Article XXI
Appendix III Article XIII C
Appendix IV Elections Code – Overview
Appendix V Elections Code – Detailed
Appendix VI Political Reform [Act] – Detailed
Index of Topics
Chris Micheli is a founding partner of the Sacramento governmental relations and advocacy firm of Aprea & Micheli, Inc. As a legislative advocate, Micheli frequently testifies before policy and fiscal committees of the California Legislature, as well as a number of administrative agencies, departments, boards, and commissions. He regularly drafts legislative and regulatory language and is considered a leading authority on state tax law developments, California's knife laws, and the state legislative process. The Wall Street Journal called him "one of the top three business tax lobbyists in the state" and the Los Angeles Times described him as an "elite lobbyist."
Over the last twenty years, he has published hundreds of articles and editorials in professional journals, newspapers, and trade magazines, whose diverse subjects range from tax incentives to transportation funding. He wrote a bi-monthly column on civil justice reform for five years for The Daily Recorder, Sacramento's daily legal newspaper. He has served on the editorial advisory board for CCH's State Income Tax Alert, a nationwide publication, as well as State Income Tax Monitor, another national newsletter, and Sacramento Lawyer, a monthly legal journal.
Micheli has been an attorney of record in several key cases, having argued before the Supreme Court of California (just two years out of law school), as well as the Court of Appeal several times. He has filed more than fifteen amicus curiae briefs in California courts and is admitted to practice law before all of the state and federal courts in the state. He has published six peer-reviewed law review articles and is the co-editor and co-author of the book “A Practitioner’s Guide to Lobbying and Advocacy in California,” as well as the author of “Understanding the California Legislative Process,” both published in 2020 by Kendall-Hunt Publishing Company. His most recently-published books released in 2021 are “Introduction to California Government” and “An Introduction to Legislative Drafting in California.” He is also the co-author of “Guide to Executive Branch Agency Rulemaking.” He also published two law school casebooks entitled “The California Legislature and Its Legislative Process – Cases and Materials” and “Cases and Materials on Direct Democracy in California.”
He is a graduate of the University of California, Davis with a B.A. in Political Science – Public Service and the University of the Pacific, McGeorge School of Law with a J.D. degree. He currently serves as an Adjunct Professor of Law at McGeorge where he co-teaches the course Lawmaking in California, as well as a Lecturer in Law at the University of California, Davis, King Hall School of Law where he co-teaches the course Legislative Drafting. He resides in Sacramento, California with his wife, Liza, two daughters, Morgan and Francesca, and son, Vincenzo.
“An essential resource, not only for law students, but for political law practitioners. The rules that govern elections, ballot access, voting, direct democracy, campaign finance, lobbying, and governmental ethics are contained in a patchwork of State Constitutional provisions, state statutes and local ordinances, regulations, administrative advice, interpretations, and enforcement precedents, and published and unpublished cases. Having a collection of the major frameworks in a single volume is immensely practical.”
Ashlee Titus | Partner, Bell McAndrews & Hiltachk
Sacramento, CA
“Both a road map as well as an invaluable rule book that is a must have resource for government relations professionals who are required to have a clear understanding of California’s Political Reform Act as well as the state’s election laws. This is an essential compliance tool for California advocates, attorneys and public policy professionals.”
Martin Wilson | Executive Vice President, Public Affairs
CalChamber
California’s political and election laws have been in place for decades and there is an extensive number of statutes and appellate court decisions in these areas. The state’s political laws began in earnest with the voters’ adoption of Proposition 9 in 1974, which established the Political Reform Act (PRA) in the Government Code. California’s elections laws are contained in their own volume of the Codes – the Elections Code – with hundreds of sections.
In putting together this casebook, like in other areas of California law, there are just too many topics to cover. While most of the PRA and Elections Code provisions are covered in this casebook, some areas of those laws are not discussed in depth. And, of course, there are hundreds of appellate court decisions related to these two areas of law, which means many of those decisions cannot be included in a casebook. Lastly, because I have earlier published a casebook on the three forms of direct democracy in this state, those chapters and cases in this casebook are limited because they can be covered in the separate casebook and its own course.
This casebook attempts to explain most of the statutory provisions of the Elections Code and Political Reform Act, and utilizes appellate court decisions that provide assistance in understanding these laws. I have tried to include cases that are well written and explain areas of the laws for the reader’s further understanding of the application of the statutes in political and election laws in California.
About the Author
Preface
Forewords
Chapter 1 Unique Aspects of California’s Electoral System
Bramberg v. Jones
California Democratic Party v. Jones
Chapter 2 California’s Role in National Politics
Chapter 3 California Election Law – Constitutional Provisions
Field v. Bowen
Flood v. Riggs
Chapter 4 The Secretary of State
Chapter 5 Secretary of State’s Regulatory Provisions
Chapter 6 Duties of the Secretary of State for Voting Results
AFSCME v. Eu
County of San Diego v. Bowen
Otsuka v. Hite
Chapter 7 Fair Political Practices Commission
Chapter 8 The FPPC’s Statutory Provisions
Chapter 9 The FPPC’s Regulatory Provisions
Citizens to Save California v. California Fair Political Practices Commission
Californians for Political Reform Foundation v. Fair Political Practices Commission
Chapter 10 Terms Defined in the Elections Code
Chapter 11 Is Voting Secret in California?
Greene v. Marin County Flood Control and Water
Poniktera v. Seiler
Chapter 12 Prop. 17 Allows Former Felons to Vote
Chapter 13 The Voter Bill of Rights
Chapter 14 Requirements for Elections to the California Legislature
Chapter 15 General Provisions of California’s Elections Code
Chapter 16 Voluntary Candidate Spending Limits
Chapter 17 Disclosures in Campaign Advertisements
Planning and Conservation League v. Lungren
Chapter 18 Write-in Candidates in California
Chapter 19 Provisional Voting in California
Chapter 20 Bond Measures Submitted to Voters
Chapter 21 Ballot Pamphlet Requirements
Denny v. Arntz
McDonough v. Superior Court
Costa v. Superior Court
Chapter 22 Non-Partisan Races in California
Chapter 23 Top-Two Primary System in California
Rubin v. Padilla
Chapter 24 Election Dates in California
Chapter 25 When Do Local and State Elected Officials Take Office?
Chapter 26 Election Contests in California
McKinney v. Superior Court
Chapter 27 Political Party Qualifications
Libertarian Party of California v. Eu
Chapter 28 Voter Qualifications in California
Chapter 29 Online Voter Registration
Chapter 30 California’s New Motor Voter Program
Chapter 31 Student Voter Registration Act
Chapter 32 Voter Registration Agencies in California
Chapter 33 Conditional Voter Registration
Chapter 34 Cancellation of Voter Records
Chapter 35 Voter Registration Rosters
Chapter 36 Residency Confirmation Procedures in California
Thompson v. Mellon
Walters v. Weed
Chapter 37 California Voter Registration Provisions
Collier v. Menzel
Chapter 38 Rules for Military and Overseas Voters
Chapter 39 The Visually Impaired Voter Assistance Act
Chapter 40 Voting Accessibility Advisory Committees
Chapter 41 Election Management Systems in California
Chapter 42 Truth in Election Campaign Endorsements
Chapter 43 Election Nominations
Chapter 44 Election Petitions and Petition Signers
Ni v. Slocum
Chapter 45 Rules for New Citizen Voters
Chapter 46 Rules for New Resident Voters
Chapter 47 Permanent Vote by Mail in California
Chapter 48 Privileges of Voters in California
Chapter 49 California’s Voter Participation Act
City of Redondo Beach v. Padilla
Chapter 50 Ballot Measures Proposed by the Legislature
Chapter 51 General Provisions for Measures Submitted to Voters
Independent Energy Producers Assn v. McPherson
Chapter 52 Forms and Order of Ballots
Citizens Oversight, Inc. v. Vu
Andal v. Miller
Chapter 53 Ballot Titles
Lungren v. Superior Court
Yes on 25, Citizens for an On-Time Budget v. Superior Court
Howard Jarvis Taxpayers Assn. v. Bowen
Chapter 54 Ballot Arguments
Chapter 55 Voting on a Referendum
Worthington v. City Council
Chapter 56 Voting on a Recall Petition
Mapstead v. Anchundo
Chapter 57 Candidacy Under California Law
Chapter 58 Elections to Fill Vacancies
Chapter 59 Income Tax Disclosures for Candidates
Patterson v. Padilla
Chapter 60 Preelection Procedures in California
Chapter 61 Ballot Security and Reporting of Election Results
Chapter 62 Tie Votes in California Elections
Chapter 63 Election Recounts in California
Chapter 64 California’s Voting Rights Act
Chapter 65 Challenging a Voter in California
Chapter 66 Prohibitions and Campaign Committees
Chapter 67 Solicitation of Campaign Funds in California
Chapter 68 Fair Campaign Practices in California
Chapter 69 Limitations on Incumbency
Chapter 70 Local Elections Procedures
Pico Neighborhood Assn. v. City of Santa Monica
Chapter 71 Municipal Elections
Thompson v. Mellon
Chapter 72 General Law City Elections in California
Chapter 73 Charter City Elections in California
Chapter 74 Emergency Elections in Cities
Chapter 75 Local Redistricting Commissions
Chapter 76 Libel and Slander in California Political Campaigns
Chapter 77 Retaining and Preserving Election Records
Chapter 78 Penal Provisions of the Elections Code – Voter Registration and Candidate Nominations
Chapter 79 Penal Provisions of the Elections Code – Election Campaigns
Chapter 80 Penal Provisions of the Elections Code – Voting Process
Americans for Safe Access v. County of Alameda
Chapter 81 Penal Provisions of the Elections Code – Direct Democracy
Chapter 82 General Provisions of the Political Reform Act
Howard Jarvis Taxpayers Assn. v. Newsom
FPPC v. Superior Court
Chapter 83 Required Financial Disclosures by Public Officials
Chapter 84 Loans to Public Officials
Chapter 85 Auditing Under the PRA
Chapter 86 Enforcement of the PRA
Steadman v. Osborne
Chapter 87 California’s Ethics in Government Act
Chapter 88 California State Officers and Honoraria and Gifts
Chapter 89 Executive Branch Officials and the Revolving Door Limitation
Chapter 90 Gifts and Honoraria and California Legislators
Chapter 91 Legislative Code of Ethics
Chapter 92 Statements of Economic Interest by Public Officials
Chapter 93 General Prohibitions Against Conflicts of Interest
Chapter 94 Conflict of Interest Codes
All Towing Services LLC v. City of Orange
Schroeder v. Irvine City Council
Chapter 95 Ethics for Legislative Staff
Chapter 96 California Ethics Rules for the Lobbying Profession
Chapter 97 Lobbyist Prohibitions
Chapter 98 Lobbyist Exemptions
Chapter 99 Registration and Reporting Requirements for Lobbyists
Chapter 100 Online Disclosure Act Under the PRA
Chapter 101 Filling a Constitutional Office Vacancy
Lungren v. Deukmejian
Chapter 102 Independent Expenditures in California Elections
Californians for Fair Representation – No on 77 v. Superior Court
Governor Gray Davis Committee v. American Taxpayers Assn
Chapter 103 Behested Payments and the Political Reform Act
Chapter 104 Filling A Vacancy in the Legislature
Chapter 105 Overview of Laws Regulating State Lobbyists
Chapter 106 Lobbying Related Terms in the Political Reform Act
Chapter 107 Placement Agents and the Political Reform Act
Chapter 108 Functions and History of Direct Democracy in California
Chapter 109 Overview of the Initiative Process
Chapter 110 The Law of Initiatives
California Association of Retail Tobacconists v. State of California
Chapter 111 California’s Ballot Initiative Transparency Act
Brown v. Superior Court
Chapter 112 Overview of the Referendum Process
Chapter 113 The Law of the Referendum
Lindelli v. Town of San Anselmo
Molloy v. Vu
Chapter 114 Overview of the Recall Process
Chapter 115 The Law of the Recall
De Bottari v. Melendez
Chapter 116 Redistricting in California
Nadler v. Schwarzenegger
Chapter 117 Redistricting – Constitutional Provisions
Assembly v. Deukmejian
Chapter 118 The Citizens Redistricting Commission
Chapter 119 Voter Approval for Local Tax Levies – Constitutional Provisions
City and County of San Francisco v. All Persons Interested in Matter of Proposition C
Appendix I Article II
Appendix II Article XXI
Appendix III Article XIII C
Appendix IV Elections Code – Overview
Appendix V Elections Code – Detailed
Appendix VI Political Reform [Act] – Detailed
Index of Topics
Chris Micheli is a founding partner of the Sacramento governmental relations and advocacy firm of Aprea & Micheli, Inc. As a legislative advocate, Micheli frequently testifies before policy and fiscal committees of the California Legislature, as well as a number of administrative agencies, departments, boards, and commissions. He regularly drafts legislative and regulatory language and is considered a leading authority on state tax law developments, California's knife laws, and the state legislative process. The Wall Street Journal called him "one of the top three business tax lobbyists in the state" and the Los Angeles Times described him as an "elite lobbyist."
Over the last twenty years, he has published hundreds of articles and editorials in professional journals, newspapers, and trade magazines, whose diverse subjects range from tax incentives to transportation funding. He wrote a bi-monthly column on civil justice reform for five years for The Daily Recorder, Sacramento's daily legal newspaper. He has served on the editorial advisory board for CCH's State Income Tax Alert, a nationwide publication, as well as State Income Tax Monitor, another national newsletter, and Sacramento Lawyer, a monthly legal journal.
Micheli has been an attorney of record in several key cases, having argued before the Supreme Court of California (just two years out of law school), as well as the Court of Appeal several times. He has filed more than fifteen amicus curiae briefs in California courts and is admitted to practice law before all of the state and federal courts in the state. He has published six peer-reviewed law review articles and is the co-editor and co-author of the book “A Practitioner’s Guide to Lobbying and Advocacy in California,” as well as the author of “Understanding the California Legislative Process,” both published in 2020 by Kendall-Hunt Publishing Company. His most recently-published books released in 2021 are “Introduction to California Government” and “An Introduction to Legislative Drafting in California.” He is also the co-author of “Guide to Executive Branch Agency Rulemaking.” He also published two law school casebooks entitled “The California Legislature and Its Legislative Process – Cases and Materials” and “Cases and Materials on Direct Democracy in California.”
He is a graduate of the University of California, Davis with a B.A. in Political Science – Public Service and the University of the Pacific, McGeorge School of Law with a J.D. degree. He currently serves as an Adjunct Professor of Law at McGeorge where he co-teaches the course Lawmaking in California, as well as a Lecturer in Law at the University of California, Davis, King Hall School of Law where he co-teaches the course Legislative Drafting. He resides in Sacramento, California with his wife, Liza, two daughters, Morgan and Francesca, and son, Vincenzo.
“An essential resource, not only for law students, but for political law practitioners. The rules that govern elections, ballot access, voting, direct democracy, campaign finance, lobbying, and governmental ethics are contained in a patchwork of State Constitutional provisions, state statutes and local ordinances, regulations, administrative advice, interpretations, and enforcement precedents, and published and unpublished cases. Having a collection of the major frameworks in a single volume is immensely practical.”
Ashlee Titus | Partner, Bell McAndrews & Hiltachk
Sacramento, CA
“Both a road map as well as an invaluable rule book that is a must have resource for government relations professionals who are required to have a clear understanding of California’s Political Reform Act as well as the state’s election laws. This is an essential compliance tool for California advocates, attorneys and public policy professionals.”
Martin Wilson | Executive Vice President, Public Affairs
CalChamber