BILL NUMBER: AB 1851 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 13, 2012
AMENDED IN SENATE AUGUST 6, 2012
AMENDED IN ASSEMBLY APRIL 24, 2012
AMENDED IN ASSEMBLY APRIL 10, 2012
INTRODUCED BY Assembly Member Allen
FEBRUARY 22, 2012
An act to amend Sections 9304, 9305, and 9306 of, and to add
Sections 9103.5, 9202.5, and 9304.5 to, the Elections Code, relating
to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1851, Allen. County, city, and district initiative petitions.
Existing law permits a proposed ordinance to be submitted to a
county board of supervisors, a legislative body of a city, or a
governing board of a district by filing an initiative petition with
the appropriate elections official, signed by not less than a
specified number of voters. Under existing law, before a proponent of
a county or city initiative measure may circulate an initiative
petition for signatures, he or she is required to file specified
materials with the elections official, including a notice of
intention to do so and the written text of the initiative. Under
existing law, before a proponent of a district initiative measure may
circulate an initiative petition for signatures, he or she is
required to publish or post a notice of intention to do so and a
statement of the reasons for the initiative petition.
From the time materials pertaining to a county, city, or district
initiative petition are filed until the day after the elections
official determines that the initiative petition does not contain the
minimum number of signatures required, the day after the election at
which the initiative measure is put before the voters, or the day
after the proposed ordinance is adopted by the relevant governing
body, as applicable, this bill would require an elections official to
retain at his or her office specified materials filed by the
proponents of the measure and to furnish a copy of those materials to
any person upon request. The bill would permit an elections official
to charge a fee to a person obtaining copies of these materials, as
specified. The bill would also require a proponent of a district
initiative measure to file specified materials, including the written
text of the measure, with the district elections official prior to
circulating the initiative petition for signatures. By increasing the
duties of elections officials, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9103.5 is added to the Elections Code, to read:
9103.5. From the time materials pertaining to an initiative
petition are filed pursuant to Section 9103 until the day after the
county elections official determines that the initiative petition
does not contain the minimum number of signatures required, the day
after the election at which the initiative measure is put before the
voters, or the day after the proposed ordinance is adopted by the
board of supervisors after being submitted to the board of
supervisors pursuant to Section 9101, as applicable, the county
elections official shall do both of the following:
(a) Keep on file at his or her office the notice of intention,
written text of the initiative, and request for a ballot title and
summary that the proponents of the initiative measure filed with the
county elections official pursuant to Section 9103.
(b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
county elections official may charge a fee to a person obtaining
copies pursuant to this subdivision. The fee may not exceed the
actual cost incurred by the county elections official in providing
the copies.
SEC. 2. Section 9202.5 is added to the Elections Code, to read:
9202.5. From the time materials pertaining to an initiative
petition are filed pursuant to Section 9202 until the day after the
elections official determines that the initiative petition does not
contain the minimum number of signatures required, the day after the
election at which the initiative measure is put before the voters, or
the day after the proposed ordinance is adopted by the legislative
body of the city after being submitted to the legislative body of the
city pursuant to Section 9201, as applicable, the elections official
shall do both of the following:
(a) Keep on file at his or her office the notice of intention,
written text of the initiative, and written statement setting forth
the reasons for the proposed petition, if any, that the proponents of
the initiative measure filed with the elections official pursuant to
Section 9202.
(b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
elections official may charge a fee to a person obtaining copies
pursuant to this subdivision. The fee may not exceed the actual cost
incurred by the elections official in providing the copies.
SEC. 3. Section 9304 of the Elections Code is amended to read:
9304. Within 10 days after the date of publication or posting, or
both, of the notice of intention and statement of the reasons for
the proposed petition, the proponents shall file with the district
elections official a copy of the notice and statement as published or
posted, or both, together with the written text of the initiative
and an affidavit made by a representative of the newspaper in which
the notice was published or, if the notice was posted, by a voter of
the district certifying to the fact of publication or posting.
SEC. 4. Section 9304.5 is added to the Elections Code, to read:
9304.5. From the time materials pertaining to an initiative
petition are filed pursuant to Section 9304 until the day after the
district elections official determines that the initiative petition
does not contain the minimum number of signatures required, the day
after the election at which the initiative measure is put before the
voters, or the day after the proposed ordinance is adopted by the
governing board of the district after being submitted to the
governing board of the district pursuant to Section 9301, as
applicable, the district elections official shall do both of the
following:
(a) Keep on file at his or her office the notice of intention,
statement of the reasons for the proposed petition, written text of
the initiative, and affidavit of publication or posting that the
proponents of the initiative measure filed with the district
elections official pursuant to Section 9304.
(b) Furnish copies of the materials he or she is required to keep
on file pursuant to subdivision (a) to any person upon request. The
district elections official may charge a fee to a person obtaining
copies pursuant to this subdivision. The fee may not exceed the
actual cost incurred by the district elections official in providing
the copies.
SEC. 5. Section 9305 of the Elections Code is amended to read:
9305. After filing a copy of the notice of intention, statement
of the reasons for the proposed petition, written text of the
initiative, and affidavit of publication or posting with the district
elections official pursuant to Section 9304, 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. 6. Section 9306 of the Elections Code is amended to read:
9306. Signatures upon petitions and sections thereof shall be
secured, and the petition, together with all sections thereof, shall
be filed within 180 days from the date of filing the materials
specified in Section 9304 with the district elections official. If
the petitions are not filed within the time permitted by this
section, the petition and its sections shall be void for all
purposes.
SEC. 7. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.