BILL NUMBER: SB 904 CHAPTERED 07/25/01 CHAPTER 105 FILED WITH SECRETARY OF STATE JULY 25, 2001 APPROVED BY GOVERNOR JULY 25, 2001 PASSED THE ASSEMBLY JULY 12, 2001 PASSED THE SENATE APRIL 19, 2001 INTRODUCED BY Committee on Elections and Reapportionment FEBRUARY 23, 2001 An act to amend Sections 102, 9021, 9022, 9209, 9237, 9238, 9305, and 9307 of the Elections Code, relating to petitions. LEGISLATIVE COUNSEL'S DIGEST SB 904, Committee on Elections and Reapportionment. Elections: initiative and referendum circulators. Existing law requires that persons who circulate state, county, municipal, or district initiative and referendum petitions be registered voters within the jurisdiction of the governmental entity to which the initiative or referendum measure would apply. This bill would alternatively allow these petition circulators to be eligible to register to vote within the jurisdiction to which the initiative or referendum measure would apply. The bill would also make technical, nonsubstantive changes to these provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 102 of the Elections Code is amended to read: 102. A person who is a voter or who is qualified to register to vote in this state may circulate an initiative or referendum petition in accordance with this code. A person who is a voter may circulate a recall petition in accordance with this code. SEC. 2. Section 9021 of the Elections Code is amended to read: 9021. A person who is a voter or who is qualified to register to vote in this state may circulate an initiative or referendum petition anywhere within the state. Each section of the petition shall bear the name of a county or city and county, and only qualified registered voters of that county or city and county may sign that section. The circulator may sign the section he or she is circulating as provided in Section 106. SEC. 3. Section 9022 of the Elections Code is amended to read: 9022. (a) Each section shall have attached thereto the declaration of the person soliciting the signatures setting forth the information required by Section 104 and stating that the circulator is a voter or is qualified to register to vote in the state. (b) The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury under the laws of the State of California, with the signature of his or her name at length, including given name and middle name or initial. The circulator shall state the date and the place of execution on the declaration immediately preceding his or her signature. Another declaration thereto may not be required. Petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing are qualified voters. Unless and until otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters. SEC. 4. Section 9209 of the Elections Code is amended to read: 9209. Each section shall have attached thereto the declaration of the person soliciting the signatures. This declaration shall be substantially in the same form as set forth in Section 9022, except that the declaration shall declare that the circulator is a voter or is qualified to register as a voter of the city, and shall state his or her residence address at the time of the execution of the declaration. SEC. 5. Section 9237 of the Elections Code is amended to read: 9237. If a petition protesting the adoption of an ordinance, and circulated by a person who is a registered voter or who is qualified to be a registered voter of the city, is submitted to the elections official of the legislative body of the city in his or her office during normal office hours, as posted, within 30 days of the adoption of the ordinance, and is signed by not less than 10 percent of the voters of the city according to the county elections official's last official report of registration to the Secretary of State, or, in a city with 1,000 or less registered voters, is signed by not less than 25 percent of the voters or 100 voters of the city, whichever is the lesser, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance. SEC. 6. Section 9238 of the Elections Code is amended to read: 9238. (a) Across the top of each page of the referendum petition there shall be printed the following: "Referendum Against an Ordinance Passed by the City Council" (b) Each section of the referendum petition shall contain (1) the identifying number or title, and (2) the text of the ordinance or the portion of the ordinance that is the subject of the referendum. The petition sections shall be designed in the same form as specified in Section 9020. (c) Each section shall have attached thereto the declaration of the person soliciting the signatures. This declaration shall be substantially in the same form as set forth in Section 9022, except that the declaration shall declare that the circulator is a voter or is qualified to register as a voter of the city, and shall state his or her residence address at the time of the execution of the declaration. SEC. 7. Section 9305 of the Elections Code is amended to read: 9305. After the publication or posting, or both, of the notice of intention and statement, the petition may be circulated among the voters of the district for signatures by any person who is a voter or who is qualified to register to vote in the district. Each section of the petition shall bear a copy of the notice of intention and statement. SEC. 8. Section 9307 of the Elections Code is amended to read: 9307. Each section of the petition shall have attached thereto the affidavit of the person soliciting the signatures. This affidavit shall be substantially in the same form as set forth in Section 9022, except that the affidavit shall declare that the circulator is a voter or is qualified to register to vote in the district.