BILL NUMBER: SB 1188	ENROLLED
	BILL TEXT

	PASSED THE SENATE  APRIL 26, 2012
	PASSED THE ASSEMBLY  JUNE 27, 2012
	AMENDED IN SENATE  APRIL 9, 2012

INTRODUCED BY   Committee on Elections and Constitutional Amendments
(Senators Correa (Chair), De León, Gaines, La Malfa, and Lieu)

                        FEBRUARY 22, 2012

   An act to amend Sections 104 and 9022 of the Elections Code, and
to amend Sections 50707 and 55310.2 of the Water Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1188, Committee on Elections and Constitutional Amendments.
Elections.
   Existing law requires that each section of any petition or paper
signed by voters, including initiative, referendum, recall, and
nominating petitions, have attached to it a specified declaration or
affidavit signed by the circulator of the petition or paper,
including a certification to the content of the declaration as to its
truth and correctness, under penalty of perjury under the laws of
this state, with the signature of his or her name at length,
including given name, middle name or initial, or initial and middle
name.
   This bill would delete the requirement that the circulator's
signature on this certification to the content of the declaration be
made at length.
   Existing law authorizes the formation of reclamation districts to
reclaim land that is subject to overflow or incursions from the tide
or inland waters. Existing law also authorizes the formation of
county waterworks districts to supply water to the inhabitants of
those districts for irrigation, domestic, industrial, or fire
protection purposes. Under existing law, those reclamation districts
and county waterworks districts are authorized to conduct elections
by all-mailed ballots, as specified. Existing law establishes mailed
ballot election dates.
   This bill would correct erroneous cross-references within those
provisions of law.


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

  SECTION 1.  Section 104 of the Elections Code is amended to read:
   104.  (a) Wherever any petition or paper is submitted to the
elections official, each section of the petition or paper shall have
attached to it a declaration signed by the circulator of the petition
or paper, setting forth, in the circulator's own hand, the
following:
   (1) The printed name of the circulator.
   (2) The residence address of the circulator, giving street and
number, or if no street or number exists, adequate designation of
residence so that the location may be readily ascertained.
   (3) The dates between which all the signatures to the petition or
paper were obtained.
   (b) Each declaration submitted pursuant to this section shall also
set forth the following:
   (1) That the circulator circulated that section and witnessed the
appended signatures being written.
   (2) That according to the best information and belief of the
circulator, each signature is the genuine signature of the person
whose name it purports to be.
   (c) 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. The circulator shall state the date and the place of execution
on the declaration immediately preceding his or her signature.
  SEC. 2.  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. 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. 3.  Section 50707 of the Water Code is amended to read:
   50707.  (a) Notwithstanding any other provision of law and
regardless of the number of eligible voters within its boundaries, a
district may, by resolution of its governing board, conduct any
election by all-mailed ballots pursuant to Division 4 (commencing
with Section 4000) of the Elections Code.
   (b) An election conducted pursuant to this section shall be held
on a date prescribed in Section 1500 of the Elections Code or on any
other date other than an established election date.
  SEC. 4.  Section 55310.2 of the Water Code is amended to read:
   55310.2.  (a) Notwithstanding Section 55301, the Board of
Directors of the Mendocino County Waterworks District #2 shall be
elected. The elected board of directors shall act as the governing
board of the district.
   (b) There shall be five members of the board who shall be elected
at large throughout the district. The directors shall be residents of
the district at the time of election and shall remain residents
throughout their term. Failure to maintain residency shall cause the
director to vacate the office. The directors shall serve four-year
terms. The election of directors shall be held by the all-mailed
ballot procedure pursuant to Division 4 (commencing with Section
4000) of the Elections Code on the date described in Section 1500 of
the Elections Code.
   (c) Elections for the directors shall be conducted by the county
clerk or by another election officer designated by the Mendocino
Board of Supervisors. The district shall be responsible for the cost
of the district elections.
   (d) Unless otherwise provided or required by this section, Part 4
(commencing with Section 10500) of Division 10 of the Elections Code
shall apply to the conduct of the district election.
   (e) Any vacancy on the board, other than upon the expiration of a
term, shall be filled by a majority vote of the directors. However,
no vacancy shall be filled by less than three members' affirmative
votes. If the board fails to fill a vacancy within 60 days of the
vacancy or if the membership of the board is less than four, the
Mendocino County Board of Supervisors may appoint members to fill the
vacancies. Appointed members shall serve until the next district
election at which time the remainder of the unexpired term shall be
filled at that election in the manner provided in this section.
   (f) Directors shall be elected without reference to districts and,
except for the filling of unexpired terms, without reference to a
specific directorship. All candidates for open seats, except for the
filling of unexpired terms, shall appear on the same ballot. Voters
shall be allowed to vote for the number of candidates equal to the
open seats; that number of candidates equal to the number of open
seats that receive a plurality shall be elected. Write-in votes shall
be counted, provided that the write-in candidate shall have complied
with the requirements of subdivision (d) pertaining to the filing of
a nomination form and signatures with the county clerk no less than
14 days prior to the election.
   (g) Directors duly elected and certified at the first election
shall assume office on July 1, 1996. The two-year terms shall expire
on June 30, 1998. The first four-year terms shall expire on June 30,
2000. All subsequent terms shall expire on the last day of June in
even-numbered years.
   (h) Directors shall receive no compensation for service, except as
permitted under Section 55305, but may be reimbursed only for
necessary and actual expenses. Regulations governing reimbursement
may be adopted by the board.
   (i) Effective July 1, 1996, the elected Mendocino County
Waterworks District #2 Board of Directors shall succeed to and have
all the powers previously conferred upon the board of supervisors and
the appointed board of directors in reference to this district.