BILL NUMBER: AB 332	CHAPTERED  07/12/07

	CHAPTER  51
	FILED WITH SECRETARY OF STATE  JULY 12, 2007
	APPROVED BY GOVERNOR  JULY 12, 2007
	PASSED THE SENATE  JUNE 28, 2007
	PASSED THE ASSEMBLY  MAY 7, 2007

INTRODUCED BY   Assembly Member DeVore
   (Coauthors: Assembly Members Duvall, Huff, Mendoza, Silva,
Solorio, Spitzer, Tran, and Walters)

                        FEBRUARY 13, 2007

   An act to amend Sections 11224 and 11225 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 332, DeVore. Elections: recall petitions: signature
certification.
   Under existing law, elections officials must determine the
sufficiency of recall petitions with regard to the required number of
valid signatures within 30 days from the date of filing the
petition, as provided.
   This bill would provide that Saturdays, Sundays, and holidays
would be excluded in calculating the 30-day requirement of
determining the sufficiency of a recall petition with regard to the
number of valid signatures.


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

  SECTION 1.  Section 11224 of the Elections Code is amended to read:

   11224.  (a) Except as provided in Section 11225, within 30 days
from the date of filing of the petition, excluding Saturdays,
Sundays, and holidays, the elections official shall examine the
petition, and from the records of registration, ascertain whether or
not the petition is signed by the requisite number of voters. If the
elections official's examination shows that the number of valid
signatures is greater than the required number, the elections
official shall certify the petition to be sufficient. If the number
of valid signatures is less than the required number, the elections
official shall certify the petition to be insufficient.
   (b) In determining the number of valid signatures, 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.
   (c) 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.
   (d) If the petition is found sufficient, the elections official
shall certify the results of the examination to the governing board
at its next regular meeting.
  SEC. 2.  Section 11225 of the Elections Code is amended to read:
   11225.  (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 11222, 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 in a
manner so that every signature filed with the elections official
shall have an equal opportunity to be included in the sample. The
random sampling shall include an examination of at least 500 or 5
percent of the signatures, whichever is greater.
   (b) If the statistical sampling shows that the number of valid
signatures is greater than 110 percent of the required number, the
elections official shall certify the petition to be sufficient.
   (c) If the statistical sampling shows that the number of valid
signatures is within 90 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
elections official shall examine and verify each signature filed. If
the elections official's examination of each signature shows that the
number of valid signatures is greater than the required number, the
elections official shall certify the petition to be sufficient. If
the number of valid signatures is less than the required number, the
elections official shall certify the petition to be insufficient.
   (d) If the statistical sampling shows that the number of valid
signatures is less than 90 percent of the required number, the
elections official shall certify the petition to be insufficient.
   (e) In determining from the records of registration the number of
valid signatures 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.
   (f) 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.
   (g) 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.
   (h) If the petition is found to be sufficient, the elections
official shall certify the results of the examination to the
governing body at its next regular meeting.