California 2021-2022 Regular Session Status: Enacted 2 D cosponsors

SB 35 — Elections.

Last action — Chaptered by Secretary of State. Chapter 318, Statutes of 2021.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced December 07, 2020. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 11 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law prohibits the name of a candidate for Governor from being printed on the ballot of the direct primary election unless the candidate, at least 98 days before the direct primary election, files with the Secretary of State copies of every income tax return the candidate filed with the Internal Revenue Service in the 5 most recent taxable years. Existing law requires the candidate to redact specified information from each submitted return. Existing law requires the Secretary of State to review the redacted copy of each tax return, and, if the Secretary of State determines that the candidate has redacted information other than that which is specified, to prepare a new version of the tax return with only the permitted redactions. This bill would extend the deadline for a candidate to submit tax returns to 88 days before the direct primary election. The bill would instead require the Secretary of State to notify the candidate of deficiencies in redactions, as specified, and require the candidate to submit hard copies of returns with corrected redactions no later than 5:00 p.m. on the 78th day before the direct primary election. A candidate who does not timely submit corrected hard copies would not be qualified to have their name placed on the ballot of the direct primary election. The bill would make conforming changes. (2) Existing law makes it a crime to conduct certain political activities, including electioneering, within 100 feet of a polling place, an election official's office, or a satellite voting location, as defined. Existing law defines electioneering as displaying visible or disseminating audible information that advocates for or against any candidate or measure on the ballot in specified locations. Existing law makes it a crime to conduct certain activities that constitute corruption of the voting process, including certain activities within 100 feet of a polling place with the intent of dissuading another person from voting. This bill would expand the prohibited activities to include obstructing ingress, egress, and parking, and specify that such activities are prohibited within 100 feet of (1) the entrance to a building that contains a polling place, an elections official's office, or satellite voting location, as defined, and (2) an outdoor site at which a voter may cast or drop off a ballot. The bill would also prohibit a person from soliciting a vote, speaking to a voter about marking the voter's ballot, or disseminating visible or audible electioneering information in the immediate vicinity of a voter in line to cast a ballot or drop off a ballot, as further specified. The bill would require notice regarding prohibitions on electioneering and activity related to corruption of the voting process to be provided to the public. The bill would require the Secretary of State to promulgate regulations specifying the manner in which such notice would be given. (3) Existing law imposes, for specified acts of interference with the placement, collection, or counting of ballots, a fine not exceeding $1,000, or imprisonment for 16 months or 2 or 3 years, or both. This bill would also impose this penalty on: (1) a person who displays a container for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box, and (2) a person who directs or solicits a voter to place a ballot in such a container. Because this bill would change or expand the definition of certain crimes related to elections, it 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 318, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 29. Noes 5. Page 2545.) Ordered to engrossing and enrolling.

  5. From committee: That the Assembly amendments be concurred in. (Ayes 4. Noes 0. Page 2538.)

  6. Set for hearing September 8.

  7. From committee: Be re-referred to Com. on E. & C.A. pursuant to Senate Rule 29.10(d). (Ayes 5. Noes 0. Page 2418.) Re-referred to Com. on E. & C.A.

  8. Re-referred to Com. on RLS pursuant to Senate Rule 29.10(d).

  9. In Senate. Concurrence in Assembly amendments pending.

  10. Read third time. Passed. (Ayes 61. Noes 13. Page 2691.) Ordered to the Senate.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 6. Noes 0.) (August 31).

  13. Re-referred to Com. on ELECTIONS pursuant to Assembly Rule 77.2.

  14. Ordered to third reading.

  15. Read third time and amended. (Ayes 59. Noes 15. Page 2513.)

  16. Read second time. Ordered to third reading.

  17. From committee: Do pass. (Ayes 16. Noes 0.) (August 19).

  18. Read second time and amended. Re-referred to Com. on APPR.

  19. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (July 13).

  20. June 29 set for first hearing canceled at the request of author.

  21. Read second time and amended. Re-referred to Com. on PUB. S.

  22. From committee: Do pass as amended and re-refer to Com. on PUB. S. (Ayes 6. Noes 1.) (June 16).

  23. Referred to Coms. on ELECTIONS and PUB. S.

  24. In Assembly. Read first time. Held at Desk.

  25. Read third time. Passed. (Ayes 29. Noes 2. Page 1056.) Ordered to the Assembly.

  26. Read second time. Ordered to third reading.

  27. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  28. Set for hearing May 3.

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0. Page 778.) (April 13). Re-referred to Com. on APPR.

  30. Set for hearing April 13.

  31. Re-referred to Com. on PUB. S.

  32. Read second time and amended. Re-referred to Com. on RLS.

  33. From committee: Do pass as amended and re-refer to Com. on RLS. (Ayes 4. Noes 0. Page 498.) (March 15).

  34. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A.

  35. Set for hearing March 15.

  36. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A.

  37. Referred to Com. on E. & C.A.

  38. From printer. May be acted upon on or after January 7.

  39. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 11 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB35 Umberg et al. Concurrence

Passed 29 Yea · 5 Nay · 6 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 17402
Republican 0103
Total 29506
% of votes cast 73%13%0%15%
How each member voted (40)
Member Party Vote
Bradford — Yea
Portantino — Yea
Newman — Yea
Dodd — Yea
Kamlager — Yea
Min — Yea
Hueso — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Wieckowski — Yea
Gonzalez — Yea
Pan — Yea
Leyva — Yea
Atkins — Yea
Glazer — Yea
Nielsen — Nay
Melendez — Nay
Bates — Nay
Wilk — Nay
Borgeas — Not Voting
Eggman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

That the Assembly amendments be concurred in

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Glazer — Yea
Hertzberg — Yea
Newman — Yea
Leyva — Yea
Nielsen — Not Voting

Official roll call →

SB 35 Umberg Senate Third Reading By Berman

Passed 61 Yea · 13 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 25001
Unaffiliated 36602
Republican 0702
Total 611305
% of votes cast 77%16%0%6%
How each member voted (79)
Member Party Vote
Cooper — Yea
Chau — Yea
Smith — Nay
Waldron — Nay
Cunningham — Nay
Kiley — Nay
Bigelow — Not Voting
Rendon — Not Voting
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Not Voting
Valladares, Suzette Martinez Republican Nay

Official roll call →

SB 35 Umberg Senate Third Reading By Berman Amendment Set #1

Passed 59 Yea · 15 Nay · 5 Other
Party YeaNayPresentNot Voting
Democratic 24002
Unaffiliated 35702
Republican 0801
Total 591505
% of votes cast 75%19%0%6%
How each member voted (79)
Member Party Vote
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Waldron — Nay
Cunningham — Nay
Bigelow — Nay
Kiley — Not Voting
McCarty — Not Voting
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Mayes — Yea
Nazarian — Yea
Wood — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Levine — Yea
Daly — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Voepel — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 3000
Republican 1000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Voepel — Yea
Mullin — Yea
Quirk — Yea
Bigelow — Yea
Chau — Yea
McCarty — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Kalra, Ash Democratic Yea
Dahle, Megan Republican Yea

Official roll call →

3rd Reading

Passed 29 Yea · 2 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 18104
Democratic 10003
Republican 1102
Total 29209
% of votes cast 73%5%0%23%
How each member voted (40)
Member Party Vote
Hertzberg — Yea
Newman — Yea
Pan — Yea
Portantino — Yea
Wieckowski — Yea
Dodd — Yea
Skinner — Yea
Atkins — Yea
Kamlager — Yea
Hueso — Yea
Gonzalez — Yea
Roth — Yea
Leyva — Yea
Min — Yea
Bradford — Yea
Rubio — Yea
Glazer — Yea
Eggman — Yea
Wilk — Nay
Borgeas — Not Voting
Melendez — Not Voting
Bates — Not Voting
Nielsen — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Not Voting
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Not Voting
Grove, Shannon Republican Not Voting
Jones, Brian W. Republican Nay
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Subjects

elections
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Frequently asked questions

What does SB 35 do?
(1) Existing law prohibits the name of a candidate for Governor from being printed on the ballot of the direct primary election unless the candidate, at least 98 days before the direct primary election, files with the Secretary of State copies of every income tax return the candidate filed with the Internal Revenue Service in the 5 most recent taxable years. Existing law requires the candidate to redact specified information from each submitted return. Existing law requires the Secretary of State to review the redacted copy of each tax return, and, if the Secretary of State determines that the candidate has redacted information other than that which is specified, to prepare a new version of the tax return with only the permitted redactions. This bill would extend the deadline for a candidate to submit tax returns to 88 days before the direct primary election. The bill would instead require the Secretary of State to notify the candidate of deficiencies in redactions, as specified, and require the candidate to submit hard copies of returns with corrected redactions no later than 5:00 p.m. on the 78th day before the direct primary election. A candidate who does not timely submit corrected hard copies would not be qualified to have their name placed on the ballot of the direct primary election. The bill would make conforming changes. (2) Existing law makes it a crime to conduct certain political activities, including electioneering, within 100 feet of a polling place, an election official's office, or a satellite voting location, as defined. Existing law defines electioneering as displaying visible or disseminating audible information that advocates for or against any candidate or measure on the ballot in specified locations. Existing law makes it a crime to conduct certain activities that constitute corruption of the voting process, including certain activities within 100 feet of a polling place with the intent of dissuading another person from voting. This bill would expand the prohibited activities to include obstructing ingress, egress, and parking, and specify that such activities are prohibited within 100 feet of (1) the entrance to a building that contains a polling place, an elections official's office, or satellite voting location, as defined, and (2) an outdoor site at which a voter may cast or drop off a ballot. The bill would also prohibit a person from soliciting a vote, speaking to a voter about marking the voter's ballot, or disseminating visible or audible electioneering information in the immediate vicinity of a voter in line to cast a ballot or drop off a ballot, as further specified. The bill would require notice regarding prohibitions on electioneering and activity related to corruption of the voting process to be provided to the public. The bill would require the Secretary of State to promulgate regulations specifying the manner in which such notice would be given. (3) Existing law imposes, for specified acts of interference with the placement, collection, or counting of ballots, a fine not exceeding $1,000, or imprisonment for 16 months or 2 or 3 years, or both. This bill would also impose this penalty on: (1) a person who displays a container for the purpose of collecting ballots, with the intent to deceive a voter into casting a ballot in an unofficial ballot box, and (2) a person who directs or solicits a voter to place a ballot in such a container. Because this bill would change or expand the definition of certain crimes related to elections, it 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.
Who sponsors SB 35?
SB 35 is sponsored by Umberg, Thomas J. (Democratic) and McGuire, Mike (Democratic).
What is the current status of SB 35?
This bill has been enacted into law. Introduced December 07, 2020. Enacted.
Where can I track SB 35?
Track SB 35 free on One Click Politics — get push/email alerts when it moves.

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