New Casebook Released on California’s Political and Election Laws

Long-time California Globe contributor Chris Micheli has just published his fifth casebook on California state government topics. This newest release is titled, “Cases and Materials on California’s Political and Election Laws.” Nearly 1,100 pages in length, it is the first casebook on these laws and the casebook contains 119 chapters and 51 appellate court decisions.

“This casebook was definitely a labor of love,” Micheli told the Globe. “I started and stopped several times over the past few years because it was such a daunting task. There is so much law in these two areas to cover in a casebook. There are hundreds of statutory provisions and hundreds of appellate court decisions to read through and decide what to include or not in a casebook.”

“Like several other books I’ve done in recent years, this is the first of its kind, focused exclusively on California’s extensive political and election laws. It is a robust area of law, but definitely a niche area.”

“I’m thrilled to have the forewords to this casebook written by two leading political and election law practitioners – Brian Hildreth from Bell, McAndrews & Hiltachk, and Richard Rios from Olson Remcho. I am hopefully the casebook will be a resource to students, practitioners, and others interested in these important topics.”

The casebook was written by Chris Micheli, an attorney and lobbyist at Snodgrass & Micheli, LLC, as well as an Adjunct Professor of Law at McGeorge School of Law and Lecturer in Law at UC Davis King Hall School of Law

Overview

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.

TABLE OF CONTENTS

About the Author

Preface

Forewords

Table of Cases

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 52Forms 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