BILL NUMBER: AB 229	CHAPTERED  07/17/01

	CHAPTER  70
	FILED WITH SECRETARY OF STATE  JULY 17, 2001
	APPROVED BY GOVERNOR  JULY 17, 2001
	PASSED THE SENATE  JULY 2, 2001
	PASSED THE ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Wesson

                        FEBRUARY 13, 2001

   An act to amend Sections 9115 and 9309 of the Elections Code,
relating to local initiative petitions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 229, Wesson.  Local initiative petitions:  signature count.
   Existing law prescribes the procedure for determining the total
number of valid signatures affixed to a county initiative petition
and to a municipal initiative petition, and requires the county
elections official, if the initiative petition contains more than 500
signatures, to verify signatures using a random sampling method. If
the sampling shows the petition contains 95 to 110 percent of the
number of valid signatures to qualify the petition, the county
elections official must verify each signature filed.  Existing law
provides a parallel procedure applicable to the verification of
signatures on district initiative petitions.
   This bill would specify that the signatures must be verified
within 60 days, as specified, from the date of the filing of a county
initiative petition and a municipal initiative petition.  This bill
would make a similar change in the procedure for verification of
signatures affixed to a district initiative petition.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 9115 of the Elections Code is amended to read:

   9115.  (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 9114 shows that more than 500
signatures have been signed on the petition, the elections official
may use a random sampling technique for verification of signatures.
The random sample of signatures to be verified shall be drawn so that
every signature filed with the elections official shall be given an
equal opportunity to be included in the sample.  The random sampling
shall include an examination of at least 500, or 3 percent of the
signatures, whichever is greater.
   (b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
elections official shall, within 60 days from the date of the filing
of the petition, excluding Saturdays, Sundays, and holidays, examine
and verify each signature filed.
   (c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the elections
official may use the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
complies with law.
   (d) The elections official shall attach to the petition, a
certificate showing the result of this examination, and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
   (e) If the petition is found insufficient, no action shall be
taken on the petition.  However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
   (f) If the petition is found to be sufficient, the elections
official shall certify the results of the examination to the board of
supervisors at the next regular meeting of the board.
  SEC. 2.  Section 9309 of the Elections Code is amended to read:
   9309.  (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 9308, more than 500 signatures have
been signed on the petition, the district elections official may use
a random sampling technique for verification of signatures.  The
random sample of signatures to be verified shall be drawn in such a
manner that every signature filed with the elections official shall
be given an equal opportunity to be included in the sample.  A random
sampling shall include an examination of at least 500 or 3 percent
of the signatures, whichever is greater.
   (b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
district elections official, within 60 days from the date of the
filing of the petition, excluding Saturdays, Sundays, and holidays,
shall examine and verify each signature filed.
   (c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the district
elections official may use the duplicate file of affidavits
maintained, or may check the signatures against facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
   (d) The district elections official shall attach to the petition,
a certificate showing the result of this examination, and shall
notify the proponents of either the sufficiency or insufficiency of
the petition.
   (e) If the petition is found insufficient, no action shall be
taken on the petition.  However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
   (f) If the petition is found to be sufficient, the district
elections official shall certify the results of the examination to
the governing board of the district at the next regular meeting of
the board.