Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 857

Introduced by Assembly Member Fong

February 21, 2013

An act to amend begin delete Section 9001 end delete begin insert Sections 9012, 9021, 9022, 9030, and 9031 end insert of begin insert , and to add Sections 9009.5 and 9036 to, end insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 857, as amended, Fong. begin delete Elections: initiative or referendum petitions. end delete begin insert Initiatives: petition circulators. end insert

begin insert

(1) The California Constitution and existing statutory law provide for the electors to propose statutes or amendments to the Constitution by initiative. Existing law authorizes a person who is a voter or who is qualified to register to vote in California to circulate an initiative or referendum petition anywhere within the state, and requires the person soliciting signatures to declare under penalty of perjury that he or she is a voter or is qualified to register to vote in the state.

end insert begin insert

This bill would delete the provisions providing that a person who is a voter or is qualified to vote in California is authorized to solicit signatures on an initiative or referendum petition, and requiring that person to declare under penalty of perjury that he or she is a voter or is qualified to register to vote in the state.

end insert begin insert

(2) Existing law requires local elections officials to perform various duties with respect to statewide initiative petitions, including determining the total number of signatures affixed to the petitions, transmitting that information to the Secretary of State, and performing a random sampling technique for verification of signatures on specified petitions. Once an initiative measure is certified to have been signed by a specified number of voters, existing law provides that a petition setting forth the text of the proposed statute or amendment to the Constitution may be presented to the Secretary of State.

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This bill would require at least 20% of the signatures on a petition for an initiative measure, and at least 20% of the signatures used to verify the qualification of an initiative measure, to be collected and submitted by persons who qualify as a person who does not receive money or other valuable consideration for the specific purpose of obtaining signatures of electors, and would require those persons to sign an affidavit under penalty of perjury, as specified. The bill would require an elections official who determines the total number of signatures affixed to a petition and an elections official or registrar of voters who verifies signatures on petitions to also determine the total number of signatures collected and submitted by persons who qualify as a person who does not receive money or other valuable consideration for the specific purpose of obtaining signatures of electors, as specified. The bill would include specified findings and declarations of the Legislature in support of these policies.

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(3) Existing law requires every proposed initiative measure, prior to circulation, to include on the petition, among other things, the circulating title and summary prepared by the Attorney General and a heading for the initiative measure, as specified. Existing law also requires a petition for a proposed initiative or referendum measure to be presented in sections, as specified.

end insert begin insert

This bill would additionally require a petition for a proposed initiative measure that is circulated by persons who do not receive money or other valuable consideration for the specific purpose of obtaining signatures of electors to be printed on white paper in a contrasting color ink. The bill also would require a petition for a proposed initiative measure that is circulated by persons who do receive money or other valuable consideration for the specific purpose of obtaining signatures of electors to be printed on bright yellow paper in a contrasting color ink. The bill also would require each section of a petition for a proposed initiative measure to bear a unique identifying number.

end insert begin insert

(4) Because this bill would impose new requirements on local elections officials relative to calculating and verifying signatures on a petition, it would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert begin delete

Existing law requires, prior to the circulation of an initiative or referendum petition for signatures, that the text of the proposed measure be submitted to the Attorney General with a written request that a circulating title and summary of the chief purpose and points of the proposed measure be prepared. Existing law prohibits the Attorney General’s office from deeming a request for a circulating title and summary submitted until all of the requirements, as provided by law, are met.

end delete begin delete

This bill would make nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The Legislature finds and declares all of the
following: end insert

begin insert

(1) The power of the initiative is a fundamental right reserved
for the voters of California and must be protected as a means of
governing through direct democracy.

end insert begin insert

(2) The voters amended the California Constitution to reserve
for themselves the power of the initiative because powerful,
out-of-state interests, including railroad companies, exercised a
corrupting influence over state politics.

end insert begin insert

(3) The purpose of reserving the initiative power was to provide
individuals, communities, and coalitions a means to protect the
general interests of the State of California.

end insert begin insert

(4) For the past 30 years, a disturbing trend in the state’s
political process has undermined the original intent of the initiative
power. Whereas the initiative was reserved by the voters for the
purpose of allowing volunteers and grassroots organizations to
participate in direct democracy, the initiative process has been
corrupted by well financed special interests.

end insert begin insert

(5) Whether an initiative measure qualifies for the ballot no
longer depends upon how much the state’s voters truly support
the proposed law but, rather, depends upon how much money a
proponent is willing to spend to place the proposal on the ballot.

end insert begin insert

(6) Whereas initiative petitions were originally circulated by
volunteer and grassroots organizations, the demonstration of
community support for an initiative petition has given way to paid
circulators who work at the behest of well-funded individuals and
organizations.

end insert begin insert

(7) In many cases, the individuals and organizations supporting
an initiative petition do not reside in the state and will not be
subject to the laws that they propose.

end insert begin insert

(8) The prevalence of paid circulators has led to instances of
fraud and misrepresentation, and the erosion of public confidence
in the initiative process. The most popular means of paying petition
circulators is based on the number of signatures a person collects.
Under a payment-per-signature arrangement, a paid circulator
has no incentive to educate voters about an initiative petition but,
instead, is motivated solely to gather as many signatures as
possible. In their quest for economic gain, paid circulators often
purposefully mislead voters and leave the public in the dark about
the true content of initiative petitions.

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(9) The use of paid circulators has been associated with coercive
and misleading tactics to collect signatures from the public. As a
result, the public is dissatisfied with the initiative process.

end insert begin insert

(10) The presence of an initiative measure on the ballot is no
longer viewed as an expression of a minimum amount of public
support but, rather, the willingness of a special interest to pay a
sufficient number of petition circulators to use whatever means
necessary to qualify the initiative measure for the ballot.

end insert begin insert

(11) The statewide election ballot is increasingly cluttered with
initiative measures that do not have enough public support to
justify the expenses of administering the election for those
particular proposals. Additionally, voters have been overwhelmed
by the number and complexity of the proposals.

end insert begin insert

(12) The Legislature is responsible for providing the manner
in which initiative petitions are circulated, presented, and certified.
Consistent with this constitutional duty, the Legislature must
provide for laws that are consistent with the original intent of the
voters in reserving the power of the initiative; protect the integrity
of the initiative process; and prevent the occurrence of fraud and
misrepresentation in the circulation, presentation, and certification
of initiative petitions.

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(b) Therefore, it is the intent of the Legislature to do all of the
following:

end insert begin insert

(1) Preserve and protect the integrity of California’s initiative
process.

end insert begin insert

(2) Ensure that initiative petitions have sufficient grassroots
support to be placed on the ballot.

end insert begin insert

(3) Protect access to the initiative process and preserve the
constitutional right of voters in California to engage in direct
democracy.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 9009.5 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 9009.5. end insert   

(a) A petition for a proposed initiative measure that
is circulated by a person who does not receive money or other
valuable consideration for the specific purpose of obtaining
signatures of electors, as described in subdivision (c) of Section
9036, shall be printed on white paper in a contrasting color ink.

(b) A petition for a proposed initiative measure that is circulated
by a person who receives money or other valuable consideration
for the specific purpose of obtaining signatures of electors shall
be printed on bright yellow paper in a contrasting color ink.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 9012 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9012.  

begin delete Any end delete begin insert (a) end insert begin insert   end insert begin insert A end insert begin insert end insert petition for a proposed initiative begin delete measure end delete or
referendum begin insert measure end insert may be presented in sections, but each section
shall contain a full and correct copy of the circulating title and
summary and text of the proposed measure. begin delete The end delete

begin insert

(b) Each section of a petition for a proposed initiative measure
shall bear a unique identifying number.

end insert

begin insert (c) end insert begin insert   end insert begin insert The end insert text of the proposed begin insert initiative or referendum end insert measure
shall be printed in type not smaller than 8 point.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 9021 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9021.  

begin delete 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. end delete Each section of begin delete the end delete begin insert a end insert petition
begin insert for a proposed initiative or referendum measure end insert 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 begin delete section. end delete

begin delete The end delete begin insert section. The end insert circulator may sign the section he or she is
circulating as provided in Section 106.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 9022 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9022.  

(a) Each section begin insert of a petition for a proposed initiative
or referendum measure end insert shall have attached thereto the declaration
of the person soliciting the signatures setting forth the information
required by Section 104 begin delete and stating that the circulator is a voter
or is qualified to register to vote in the state end delete .

begin insert

(b) A person who qualifies to collect and submit signatures for
a proposed initiative measure and who is a person who does not
receive money or other valuable consideration for the specific
purpose of obtaining signatures of electors within the meaning of
subdivision (c) of Section 9036 shall sign an affidavit that is
prepared by the Secretary of State and that declares all of the
following:

end insert begin insert

(1) The person is a person who does not receive money or other
valuable consideration for the specific purpose of obtaining
signatures of electors within the meaning of subdivision (c) of
Section 9036.

end insert begin insert

(2) To the best of his or her knowledge, the signatures on the
petition sections circulated by him or her should be counted
towards the requirements set forth in subdivisions (a) and (b) of
Section 9036.

end insert begin insert

(3) The person’s current place of permanent residence.

end insert begin insert

(4) If the person is not a resident of the state, he or she consents
to both of the following:

end insert begin insert

(A) The jurisdiction of the state for purposes of an investigation
or prosecution by any state or local agency regarding the validity
of the signatures submitted by him or her.

end insert begin insert

(B) Service of process for any legal action pertaining to an
investigation or prosecution by any state or local agency regarding
the validity of the signatures submitted by him or her.

end insert begin delete

(b)

end delete

begin insert (c) end insert  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.

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Another declaration thereto may not be required.

end delete

begin insert (d) end insert begin insert   end insert Petitions so verified shall be prima facie evidence that the
signatures thereon are genuine and that the persons signing are
qualified voters. Unless begin delete and until end delete otherwise proven upon official
investigation, it shall be presumed that the petition presented
contains the signatures of the requisite number of qualified voters.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 9030 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9030.  

(a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all sections circulated in any county or city and
county shall be filed at the same time. Once filed, no petition
section shall be amended except by order of a court of competent
jurisdiction.

(b) Within eight days after the filing of the petition, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the total number of signatures affixed to the petition
and begin insert , in the case of an initiative petition, the total number of
signatures submitted by persons who qualify under subdivision
(c) of Section 9036. The elections official end insert shall transmit this
information to the Secretary of State. If the total number of
signatures filed with all elections officials is less than 100 percent
of the number of qualified voters required to find the petition
sufficient, begin insert or in the case of an initiative petition the number of
signatures submitted by persons who qualify under subdivision
(c) of Section 9036 is less than 20 percent of the total number of
signatures submitted, end insert the Secretary of State shall so notify the
proponents and the elections officials, and no further action shall
be taken with regard to the petition.

(c) If the number of signatures filed with all elections officials
is 100 percent or more of the number of qualified voters needed
to declare the petition sufficient begin insert and, in the case of an initiative
petition, the percentage of signatures submitted by persons who
qualify under subdivision (c) of Section 9036 is equal to or greater
than 20 percent of the number of signatures submitted end insert , the
Secretary of State shall immediately so notify the elections
officials.

(d) Within 30 days after this notification, excluding Saturdays,
Sundays, and holidays, the elections official shall determine the
number of qualified voters who have signed the petition. If more
than 500 names have been signed on sections of the petition filed
with an elections official, the elections official shall use a random
sampling technique for verification of signatures, as determined
by the Secretary of State. 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. The random sampling shall include an
examination of at least 500 or 3 percent of the signatures,
whichever is greater. In determining from the records of registration
begin delete what end delete begin insert the end insert number of qualified voters begin insert who end insert have signed the petition,
the elections official may use the duplicate file of affidavits of
registered voters or the facsimiles of voters’ signatures, provided
that the method of preparing and displaying the facsimiles complies
with law.

(e) The elections official, upon the completion of the
examination, shall immediately attach to the petition, except the
signatures thereto appended, a properly dated begin delete certificate, end delete begin insert certificate end insert
showing the result of the examination, begin insert including, in the case of an
initiative petition, the total number of qualified voters who signed
the sections of the petition submitted by persons who qualify under
subdivision (c) of Section 9036, end insert and shall immediately transmit
the petition and the certificate to the Secretary of State. A copy of
this certificate shall be filed in the elections official’s office.

(f) If the certificates received from all elections officials by the
Secretary of State establish that the number of valid signatures
does not equal 95 percent of the number of qualified voters needed
to find the petition sufficient begin insert or, in the case of an initiative petition,
that the number of valid signatures submitted by persons who
qualify under subdivision (c) of Section 9036 does not equal 95
percent of the number of qualified voters needed to satisfy the
requirements of Section 9036 end insert , the petition shall be deemed to have
failed to qualify, and the Secretary of State shall immediately so
notify the proponents and the elections officials.

(g) If the certificates received from all elections officials by the
Secretary of State total more than 110 percent of the number of
qualified voters needed to find the petition sufficient begin insert and, in the
case of an initiative petition, the number of valid signatures
submitted by persons who qualify under subdivision (c) of Section
9036 total more than 110 percent of the number of qualified voters
needed to satisfy the requirements of Section 9036 end insert , the petition
shall be deemed to qualify as of the date of receipt by the Secretary
of State of certificates showing the petition to have reached the
110 percent, and the Secretary of State shall immediately so notify
the proponents and the elections officials.

begin insert

(h) The Secretary of State shall enact regulations consistent
with this section.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 9031 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9031.  

(a) 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 begin insert or, in the case of an initiative petition, the number of
valid signatures collected by persons who qualify under subdivision
(c) of Section 9036 is within 95 to 110 percent of the number of
signatures required by Section 9036 end insert , the Secretary of State shall
order the examination and verification of each signature filed, and
shall so notify the elections officials.

(b) Within 30 days, excluding Saturdays, Sundays, and holidays,
after receipt of the order, the elections official or registrar of voters
shall determine from the records of registration begin delete what end delete begin insert the end insert number
of qualified voters begin insert who end insert have signed the petition begin insert and, in the case
of an initiative petition, the number of qualified voters who have
signed sections of the petition submitted by persons who qualify
under subdivision (c) of Section 9036, end insert and if necessary the board
of supervisors shall allow the elections official or registrar
additional assistance for the purpose of examining the petition and
provide for their compensation. In determining from the records
of registration begin delete what end delete begin insert the end insert number of qualified voters begin insert who end insert have signed
the petition, the elections official or registrar of voters may use
any file or list of registered voters maintained by his or her office,
or the facsimiles of voters’ signatures, provided that the method
of preparing and displaying the facsimiles complies with law.

(c) The elections official or registrar, upon the completion of
the examination, shall immediately attach to the petition, except
the signatures thereto appended, an amended certificate properly
dated, showing the result of the examination and shall immediately
transmit the petition, together with the amended certificate, to the
Secretary of State. A copy of the amended certificate shall be filed
in the elections official’s office.

(d)  begin insert (1) end insert begin insert   end insert If the amended certificates establish the petition’s
sufficiency, the petition shall be deemed to be filed as of the date
of receipt by the Secretary of State of certificates showing the
petition to be signed by the requisite number of voters of the state.

begin insert (2) end insert begin insert   end insert If the amended certificates received from all elections
officials by the Secretary of State establish that the petition has
still been found insufficient, the Secretary of State shall
immediately so notify the proponents and the elections officials.

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 9036 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 9036. end insert   

(a) At least 20 percent of the signatures of registered
voters collected and submitted pursuant to Section 9035 shall have
been obtained by persons who do not receive money or other
valuable consideration for the specific purpose of obtaining
signatures of electors on a petition for a proposed initiative
measure.

(b) At least 20 percent of the signatures collected and used to
verify the qualification of an initiative measure pursuant to Sections
9030 and 9031 shall have been obtained by persons who do not
receive money or other valuable consideration for the specific
purpose of obtaining signatures of electors on a petition for a
proposed initiative measure.

(c) For purposes of this article, the following persons qualify
as a “person who does not receive money or other valuable
consideration for the specific purpose of obtaining signatures of
electors”:

(1) A person who does not receive money or other valuable
consideration exclusively or primarily for the purpose of obtaining
signatures of electors on a petition for a proposed initiative
measure.

(2) A person who is an employee of an organization, other than
an organization in the business of collecting signatures on initiative
petitions, who is paid by the organization and as part of that
employment obtains signatures for the qualification of an initiative
measure.

(d) This section shall not be construed to preclude a person who
receives nominal, non-monetary benefits, including food,
transportation, or lodging, from qualifying under subdivision (c).

end insert

begin insert

begin insert SEC. 9. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

  

SECTION 1.  

Section 9001 of the Elections Code is amended
to read:

9001.  

(a) Prior to the circulation of an initiative or referendum
petition for signatures, the text of the proposed measure shall be
submitted to the Attorney General with a written request that a
circulating title and summary of the chief purpose and points of
the proposed measure be prepared. The electors presenting the
request shall be known as the “proponents.” The Attorney General
shall preserve the written request until after the next general
election.

(b) Each proponent of a proposed initiative measure shall, at
the time of submitting the text of the proposed measure, provide
both of the following:

(1) An original signed certification stating that “I, (insert name),
declare under penalty of perjury that I am a citizen of the United
States, 18 years of age or older, and a resident of (insert county),
California.”

(2) Public contact information.

(c) The proponents of an initiative measure, at the time of
submitting the text of the proposed measure to the Attorney
General, shall pay a fee of two hundred dollars ($200), which shall
be placed in a trust fund in the office of the Treasurer and refunded
to the proponents if the measure qualifies for the ballot within two
years from the date the summary is furnished to the proponents.
If the measure does not qualify within that period, the fee shall be
immediately paid into the General Fund of the state.

(d) All referenda and proposed initiative measures must be
submitted to the Attorney General’s Initiative Coordinator located
in the Sacramento Attorney General’s Office via U.S. Postal
Service, alternative mail service, or personal delivery. Only printed
documents will be accepted, facsimile or e-mail delivery will not
be accepted.

(e) The Attorney General shall not deem a request for a
circulating title and summary submitted until all of the
requirements of this section are met.

end delete