BILL NUMBER: AB 857 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Fong
FEBRUARY 21, 2013
An act to amend Section 9001 Sections
9012, 9021, 9022, 9030, and 9031 of , and to add Sections
9009.5 and 9036 to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 857, as amended, Fong. Elections: initiative or
referendum petitions. Initiatives: petition
circulators.
(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.
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.
(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.
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.
(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.
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.
(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.
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, 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.
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.
This bill would make nonsubstantive changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature finds and declares all of the following:
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(b) Therefore, it is the intent of the Legislature to do all of
the following:
(1) Preserve and protect the integrity of California's initiative
process.
(2) Ensure that initiative petitions have sufficient grassroots
support to be placed on the ballot.
(3) Protect access to the initiative process and preserve the
constitutional right of voters in California to engage in direct
democracy.
SEC. 2. Section 9009.5 is added to the
Elections Code , to read:
9009.5. (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.
SEC. 3. Section 9012 of the Elections
Code is amended to read:
9012. Any (a) A
petition for a proposed initiative measure
or referendum measure 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.
The
(b) Each section of a petition for a proposed initiative measure
shall bear a unique identifying number.
(c) The text of the proposed
initiative or referendum measure shall be printed in type not
smaller than 8 point.
SEC. 4. 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 a petition for a proposed
initiative or referendum measure 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 section. The circulator may sign
the section he or she is circulating as provided in Section 106.
SEC. 5. Section 9022 of the Elections
Code is amended to read:
9022. (a) Each section of a petition for a proposed
initiative or referendum measure 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) 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:
(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.
(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.
(3) The person's current place of permanent residence.
(4) If the person is not a resident of the state, he or she
consents to both of the following:
(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.
(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.
(b)
(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.
Another declaration thereto may not be required.
(d) 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. 6. Section 9030 of the Elections
Code is amended to read:
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
, 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 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, 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, 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 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
, 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
what the number of qualified voters who
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 certificate,
certificate showing the result of the
examination, 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, 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 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 , 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 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 , 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.
(h) The Secretary of State shall enact regulations consistent with
this section.
SEC. 7. Section 9031 of the Elections
Code is amended to read:
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 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 , 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 what
the number of qualified voters who
have signed the petition 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, 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
what the number of qualified voters
who 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) (1) 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.
(2) 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.
SEC. 8. Section 9036 is added to the
Elections Code , to read:
9036. (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).
SEC. 9. 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.
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.