California 2021-2022 Regular Session Status: To Executive

AB 446 — Elections: political party qualifications.

Last action — Consideration of Governor's veto stricken from file.

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

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law permits a group of voters to form a new political party by filing a formal notice with the Secretary of State that states an intent to qualify to participate in a primary election or a presidential general election and by holding a caucus or convention at which the group elects temporary officers and designates a party name that does not mislead the voters or conflict with the name of an existing party or political body that has previously filed notice, as specified. This bill would require the Secretary of State to notify a political body's temporary officers in writing if a designated party name is rejected and to provide reasons for the rejection. The bill would authorize a temporary officer to request that the Secretary of State reconsider the rejection, as provided. The bill would allow the party name of a political body that has not qualified as a political party and is considered to have abandoned its attempt to qualify as a political party to be used by a future political body on or after the date the political body is considered to have abandoned its attempt to qualify as a political party. Existing law authorizes a political body, after filing formal notice to qualify as a political party, to request the Secretary of State to count toward its qualification as a political party affidavits of registration in which voters declared affiliation with the political body prior to the date on which the formal notice to qualify as a political party was filed. This bill would require a political body to provide from its temporary officers a signed affidavit stating that it is the same political body that voters declared affiliation with in order for the Secretary of State to count previous affidavits of registration toward the body's qualification as a political party, as specified. Under existing law, a political body that files notice to qualify as a political party but that has not qualified by the 135th day before a primary election or the 102nd day before a presidential general election is considered to have abandoned its attempt to qualify as a political party and is ineligible to participate in the following election. This bill would provide that a political body that has not qualified by those deadlines has not abandoned its attempt to qualify as a political party if the political body files a new notice of intent to qualify as a political party within 2 years of becoming ineligible to participate in an election. Under existing law, a political party is qualified to participate in a primary election or presidential general election if, among other methods of qualification, a petition declaring an intent to form a party and participate in the election is signed by voters equal in number to at least 10% of the entire statewide vote at the last preceding gubernatorial election and is filed with the Secretary of State on or before the 135th day before the election. The bill would reduce the number of voter signatures required to qualify for a primary election or presidential general election by filing a petition with the Secretary of State to 3% of the entire statewide vote at the last preceding gubernatorial election. By imposing new duties on county elections officials with respect to the conduct of elections, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 5100 of the Elections Code proposed by AB 796 to be operative only if this bill and AB 796 are enacted and this bill is enacted last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Consideration of Governor's veto stricken from file.

  2. Consideration of Governor's veto pending.

  3. Vetoed by Governor.

  4. Enrolled and presented to the Governor at 3 p.m.

  5. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 65. Noes 2. Page 2826.).

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 32. Noes 1. Page 2340.).

  8. Read second time. Ordered to third reading.

  9. Read second time and amended. Ordered returned to second reading.

  10. From committee: Amend, and do pass as amended. (Ayes 6. Noes 0.) (August 26).

  11. In committee: Referred to suspense file.

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 12). Re-referred to Com. on APPR.

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

  14. In Senate. Read first time. To Com. on RLS. for assignment.

  15. Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 4. Page 1819.)

  16. Read third time and amended. Ordered to third reading. (Page 1629.)

  17. Assembly Rule 69(b) suspended. (Ayes 58. Noes 17. Page 1581.)

  18. Read second time. Ordered to third reading.

  19. From committee: Do pass. (Ayes 13. Noes 3.) (May 20).

  20. Joint Rule 62(a), file notice suspended. (Page 1460.)

  21. In committee: Set, first hearing. Referred to APPR. suspense file.

  22. Re-referred to Com. on APPR.

  23. Read second time and amended.

  24. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 29).

  25. Re-referred to Com. on ELECTIONS.

  26. From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

  27. Re-referred to Com. on ELECTIONS.

  28. From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

  29. Referred to Com. on ELECTIONS.

  30. From printer. May be heard in committee March 11.

  31. Read first time. To print.

Sponsors

  • Mayes · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Mayes

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"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

AB 446 Mayes Concurrence in Senate Amendments

Passed 65 Yea · 2 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 34109
Democratic 25002
Republican 6102
Total 652013
% of votes cast 81%3%0%16%
How each member voted (80)
Member Party Vote
Friedman — 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
Wood — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Bigelow — Nay
Gray — Not Voting
Levine — Not Voting
Bloom — Not Voting
Smith — Not Voting
Voepel — Not Voting
Waldron — Not Voting
Rendon — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Not Voting
Lorena Gonzalez — Not Voting
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Not Voting
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Not Voting
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 Yea
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 Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

3rd Reading AB446 Mayes By Glazer

Passed 32 Yea · 1 Nay · 7 Other
Party YeaNayPresentNot Voting
Democratic 12001
Unaffiliated 19103
Republican 1003
Total 32107
% of votes cast 80%3%0%18%
How each member voted (40)
Member Party Vote
Gonzalez — Yea
Newman — Yea
Nielsen — Nay
Melendez — Not Voting
Bates — Not Voting
Borgeas — Not Voting
Dodd — Yea
Wilk — Yea
Kamlager — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Glazer — Yea
Leyva — Yea
Wieckowski — Yea
Atkins — Yea
Bradford — Yea
Eggman — Yea
Pan — Yea
Hueso — Yea
Min — Yea
Portantino — Yea
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 Yea
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Do pass as amended

Passed 6 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 2000
Unaffiliated 3001
Republican 1000
Total 6001
% of votes cast 86%0%0%14%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Not Voting
Laird, John Democratic Yea
McGuire, Mike Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Republican 1000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bradford — Yea
Bates — Yea
Portantino — Yea
Wieckowski — Yea
Kamlager — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

AB 446 Mayes Assembly Third Reading

Passed 70 Yea · 4 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 37202
Democratic 27001
Republican 6202
Total 70405
% of votes cast 89%5%0%6%
How each member voted (79)
Member Party Vote
Levine — Yea
Bloom — Yea
Friedman — Yea
Cooley — Yea
Mathis — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Nazarian — Yea
Ting — Yea
Wood — Yea
Low — Yea
Frazier — Yea
O'Donnell — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Gray — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Waldron — Nay
Voepel — Nay
Smith — Not Voting
Bigelow — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — 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
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Fong, Mike 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 Yea
Choi, Steven S. Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea
Patterson, Joe Republican Not Voting
Seyarto, Kelly Republican Yea
Valladares, Suzette Martinez Republican Yea

Official roll call →

Do pass.

Passed 13 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7100
Democratic 6000
Republican 0200
Total 13300
% of votes cast 81%19%0%0%
How each member voted (16)
Member Party Vote
Levine — Yea
Holden — Yea
Quirk — Yea
Chau — Yea
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Luz Rivas — Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay

Official roll call →

Subjects

elections
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Frequently asked questions

What does AB 446 do?
Existing law permits a group of voters to form a new political party by filing a formal notice with the Secretary of State that states an intent to qualify to participate in a primary election or a presidential general election and by holding a caucus or convention at which the group elects temporary officers and designates a party name that does not mislead the voters or conflict with the name of an existing party or political body that has previously filed notice, as specified. This bill would require the Secretary of State to notify a political body's temporary officers in writing if a designated party name is rejected and to provide reasons for the rejection. The bill would authorize a temporary officer to request that the Secretary of State reconsider the rejection, as provided. The bill would allow the party name of a political body that has not qualified as a political party and is considered to have abandoned its attempt to qualify as a political party to be used by a future political body on or after the date the political body is considered to have abandoned its attempt to qualify as a political party. Existing law authorizes a political body, after filing formal notice to qualify as a political party, to request the Secretary of State to count toward its qualification as a political party affidavits of registration in which voters declared affiliation with the political body prior to the date on which the formal notice to qualify as a political party was filed. This bill would require a political body to provide from its temporary officers a signed affidavit stating that it is the same political body that voters declared affiliation with in order for the Secretary of State to count previous affidavits of registration toward the body's qualification as a political party, as specified. Under existing law, a political body that files notice to qualify as a political party but that has not qualified by the 135th day before a primary election or the 102nd day before a presidential general election is considered to have abandoned its attempt to qualify as a political party and is ineligible to participate in the following election. This bill would provide that a political body that has not qualified by those deadlines has not abandoned its attempt to qualify as a political party if the political body files a new notice of intent to qualify as a political party within 2 years of becoming ineligible to participate in an election. Under existing law, a political party is qualified to participate in a primary election or presidential general election if, among other methods of qualification, a petition declaring an intent to form a party and participate in the election is signed by voters equal in number to at least 10% of the entire statewide vote at the last preceding gubernatorial election and is filed with the Secretary of State on or before the 135th day before the election. The bill would reduce the number of voter signatures required to qualify for a primary election or presidential general election by filing a petition with the Secretary of State to 3% of the entire statewide vote at the last preceding gubernatorial election. By imposing new duties on county elections officials with respect to the conduct of elections, this bill would impose a state-mandated local program. This bill would incorporate additional changes to Section 5100 of the Elections Code proposed by AB 796 to be operative only if this bill and AB 796 are enacted and this bill is enacted last. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 446?
AB 446 is sponsored by Mayes.
What is the current status of AB 446?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 446?
Track AB 446 free on One Click Politics — get push/email alerts when it moves.

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