California lawmakers faced a setback last week when a proposed measure to bar registered sex offenders from running for public office failed to advance in the State Senate. Assembly Bill 2753, authored by Assemblywoman Esmeralda Soria (D-Fresno), was rejected by the Senate Elections and Constitutional Amendments Committee in a 2-1-2 vote, effectively halting its progress.
The five-member panel included three Democrats and two Republicans. Only Senator Steve Choi (R-Irvine) and Senator Sabrina Cervantes (D-Riverside) supported the bill. Democrats Scott Wiener (D-San Francisco) voted against the measure, while Tom Umberg (D-Santa Ana) and Ben Allen (D-Santa Monica) abstained. The bill, which had previously garnered unanimous support in the State Assembly including a 60-0 vote on May 7, did not secure a majority in the Senate committee, placing its future in doubt.
AB 2753 proposed prohibiting anyone required to register as a sex offender in California from candidacy or election to any local or state elective office. The legislation aimed to close loopholes after the 2024 Fresno City Council election, in which Rene Campos, a registered sex offender convicted of child pornography possession, ran for a council seat. Campos drew notable public concern, in part because he launched his campaign near an elementary school. Fresno City Council President Nelson Esparza testified in favor of the bill, underscoring constituent complaints over Campos’ eligibility.
Opposition to AB 2753 centered on concerns about its broad language and potential unintended consequences. California categorizes sex offenses into three tiers based on severity and registry duration. Tier 1 offenses include acts such as indecent exposure and misdemeanor sexual battery; Tier 2 covers offenses like incest and penetration with a foreign object; Tier 3 offenses encompass serious crimes including felony child pornography possession and rape.
Senator Wiener sought amendments to restrict the proposed ban primarily to Tier 3 offenders, citing potential overreach. During the committee hearing, he highlighted scenarios where the legislation might unfairly bar individuals from office, including "Romeo and Juliet" cases involving consensual activity between close-in-age partners that can result in lower-tier registry requirements. Wiener also pointed to civil rights concerns, noting historical incidents where individuals such as Bayard Rustin were registered due to laws criminalizing consensual same-sex relations that are no longer deemed crimes.
Senator Ben Allen echoed reservations about restricting voter choice, stating that while he supported narrowing the bill’s scope to Tier 3 offenders, he was wary of how broadly restricting candidacies might undermine democratic processes.
Assemblywoman Soria declined to further amend the bill to accommodate these concerns, asserting she would not compromise on the core goal of preventing registered sex offenders from holding public office. “I made a promise to my community that I would do everything in my power to ensure they would never have to go through something like this again,” she said.
With AB 2753 stalled in the Senate committee and Soria's campaign underway for a state Senate seat in the November elections, it remains uncertain whether the measure will be reintroduced in the near future.