Amended in Senate September 6, 2013

Amended in Senate August 12, 2013

Amended in Senate June 26, 2013

Amended in Assembly May 24, 2013

Amended in Assembly April 16, 2013

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 Sections begin insert 101, end insert 9008, begin delete 9021, 9022, end delete 9030, begin delete 9031, and 18602 end delete begin insert and 9031 end insert of, begin insert and end insert to add Sections 9009.5, 9009.6, begin insert 9022.5, end insert 9036, and 9037 to, begin delete and to repeal Section 101 of, end delete the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 857, as amended, Fong. 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. Existing law requires that each section of a petition for an initiative or referendum measure have attached thereto the declaration of the person soliciting the signatures that includes specified information begin delete regarding the person and a statement under penalty of perjury that he or she is a voter or is qualified to register to vote in the state end delete .

This bill would begin delete 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 delete begin insert require a person who solicits signatures for a proposed initiative measure and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors to make additional declarations, as specified end insert .

(2) Existing law requires local elections officials to perform various duties with respect to statewide initiative petitions including, within 8 days after the filing of a petition, determining the total number of signatures affixed to the petition. Existing law also requires an elections official, within 30 days of notification from the Secretary of State that a petition has received 100% or more of the signatures needed to declare the petition sufficient, to determine the number of qualified voters who signed the petition. Upon order of the Secretary of State, existing law requires an elections official, within 30 days, to verify each signature on a petition, as specified.

This bill would extend the time a local elections official is required to determine the total number of signatures affixed to a petition to 10 days, and would extend the time a local elections official is required to determine the number of qualified voters who signed the petition to 35 days after receiving notice from the Secretary of State that the petition has received the signatures needed to declare the petition sufficient. The bill also would extend the time that an elections official is required to verify the signatures on a petition to 35 days.

This bill would require at least begin delete 20% end delete begin insert 10% end insert of the signatures that are required to qualify an initiative measure to be solicited by a person who does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, and would require that the declaration of such a person include additional content, 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 submitted by persons who do not receive money or other valuable consideration for the specific purpose of soliciting 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 that, if the statistical sampling shows that the number of valid signatures on a petition is within 95 to 110% of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of each signature filed, and shall so notify the elections officials.

This bill, with regard to an initiative petition for which the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110% of the number of qualified voters needed to find the petition sufficient, but the number of valid signatures submitted for purposes of the begin delete 20% end delete begin insert 10% end insert requirement described above is within 95 to 110% of the number of signatures needed to satisfy that requirement, would require the Secretary of State to only order an examination and verification of each signature filed that would satisfy the begin delete 20% end delete begin insert 10% end insert requirement.

(4) 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 begin insert provide that its provisions do not apply to any initiative petition for which the Attorney General issued a circulating title and summary before January 1, 2014, and would end insert require a petition for a proposed initiative measure to have printed in the one-inch space across the top of the first page of each section of the petition, in 18-point roman boldface type, the circulating title for the measure prepared by the Attorney General. The 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 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 purpose of obtaining signatures of electors to be printed on paper of a color other than white in a contrasting color ink.

(5) Under existing law, an initiative petition must contain specified language advising the public of its right to ask whether the person circulating the petition is a paid signature gatherer or a volunteer.

This bill would begin delete delete that requirement and would instead end delete begin insert additionally end insert require a statewide initiative, referendum, or recall petition to include begin delete specified disclosures end delete begin insert a disclosure end insert notifying the public that the petition circulator is receiving money or other valuable consideration for the specific purpose of soliciting signatures of electors, as specified.

(6) Existing law provides that a person who engages in specified conduct in connection with the collection of signatures on any statewide initiative or referendum petition is guilty of a misdemeanor.

This bill would require a statewide initiative or referendum petition section to be deemed invalid, and would prohibit use of the petition section for the purpose of determining whether the initiative or referendum measure qualifies for the ballot, if the signatures are solicited and submitted by a person who engages in fraud, misrepresentation, or any of the specified conduct for which he or she may be found guilty of a misdemeanor. The bill would authorize begin delete the Secretary of State or any elector end delete begin insert specified persons end insert to enforce this provision by a civil action upon a showing of clear and convincing evidence.

(7) 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: 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 financially
powerful 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.

(5) The presence of an initiative measure on the ballot is no
longer necessarily viewed as an expression of a minimum amount
of public support, but, instead, is often viewed as the result of a
special interest willing to pay the necessary amount of money to
qualify an initiative measure for the ballot. As a result, the integrity
of the initiative process is threatened by a crowded ballot with
confusing proposals and the perception of fraud and
misrepresentation in the signature gathering phase.

(6) Whereas initiative petitions circulated by volunteer and
grassroots organizations demonstrate significant public support
for a proposed law, well-funded individuals and organizations that
promote narrow interests may rely exclusively on paid circulators
to qualify an initiative measure that does not have broad community
support. 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.

(7) As has been the case since the initiative power was created,
initiatives that have broad public support continue to qualify for
the ballot through the efforts of volunteers and grassroots
organizations, but the availability of paid circulators has led to an
excess of complex proposals that lack a broad level of public
support. Paid circulators gather as many signatures as possible in
the least amount of time, and may not provide electors with a full
explanation of the true purpose and effect of the proposed initiative
measure. Without a better measure of public support, special
interests may qualify an initiative measure for the ballot regardless
of the actual content of the proposal.

begin delete

(8) The prevalent influence of money in the process of soliciting
signatures for initiative petitions has eroded 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 does
not need an incentive to educate voters about an initiative petition
but, instead, may be motivated solely by financial reasons to gather
as many signatures as possible.

(9)

end delete

begin insert (8) end insert  Improving the measure of public support for a proposed
initiative measure will increase the public’s confidence and protect
the integrity of the initiative process. A volunteer and grassroots
effort to qualify an initiative measure for the ballot demonstrates
a significant level of public support. begin delete By limiting the influence of
money in the signature gathering phase, the public will have greater
confidence in the actual merits of a proposed initiative measure. end delete

begin delete

(10)

end delete

begin insert (9) end insert  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 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 public support
from informed voters 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.

begin delete

SEC. 2.  

Section 101 of the Elections Code is repealed.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 101 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

101.  

Notwithstanding any other provision of law, any
begin delete state or end delete
local initiative petition required to be signed by voters shall contain
in 12-point type, prior to that portion of the petition for voters’
signatures, printed names, and residence addresses, the following
language:

“NOTICE TO THE PUBLIC

THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE
THE RIGHT TO ASK.”

SEC. 3.  

Section 9008 of the Elections Code is amended to read:

9008.  

Each proposed initiative measure, prior to circulation,
shall have placed across the top of the petition all of the following:

(a) The Attorney General’s unique numeric identifier, in
12-point or larger roman boldface type, placed before the
circulating title and summary upon each page where the circulating
title and summary is to appear.

(b) (1) The circulating title and summary prepared by the
Attorney General, in 12-point or larger roman boldface type, upon
each page of the petition on which signatures are to appear.

(2) The circulating title and summary prepared by the Attorney
General, in 12-point or larger roman boldface type, upon each
section of the petition preceding the text of the measure.

(3) Notwithstanding Section 9013, on the first page of each
section of the petition, the circulating title prepared by the Attorney
General shall be placed in the one-inch space across the top of the
page in 18-point roman boldface type.

(c) The circulating title and summary prepared by the Attorney
General, as required by paragraph (2) of subdivision (b), shall be
preceded by the following statement in 12-point or larger roman
boldface type: “Initiative measure to be submitted directly to the
voters.”

SEC. 4.  

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 purpose of soliciting signatures of
electors, for purposes 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 purpose of soliciting signatures of electors shall be printed
on paper of a color other than white in a contrasting color ink.

SEC. 5.  

Section 9009.6 is added to the Elections Code, to read:

9009.6.  

begin delete (a) end delete begin delete   end delete Notwithstanding any other provision of law, 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 soliciting signatures of electors begin insert , except as
provided by paragraph (1) of subdivision (b) of Section 9036, end insert shall
include the following statement immediately prior to the portion
of the petition for voters’ signatures, printed names, and residence
addresses, printed in begin delete 18-point end delete begin insert 12-point end insert boldface type:
“NOTICE TO THE PUBLIC: THIS PETITION IS BEING
CIRCULATED BY A PERSON PAID TO OBTAIN YOUR
SIGNATURE. YOU ARE ENCOURAGED TO READ THE
CONTENTS OF THIS PETITION BEFORE SIGNING.”

begin delete

(b) On each state initiative petition, immediately prior to that
portion of the petition for voters’ signatures, printed names, and
residence addresses, but after the language required by subdivision
(a), where applicable, shall be printed a disclosure statement, in
14-point boldface type, that includes the following language:

“The political committee paying for this petition to be circulated
is (insert full name of committee as registered with the Secretary
of State pursuant to Section 84101 of the Government Code).

The following donors have contributed $50,000 or more to the
(insert full name of committee as registered with the Secretary of
State pursuant to Section 84101 of the Government Code) within
six months of the printing of this petition: (insert name of each of
the top three donors who have contributed fifty thousand dollars
($50,000) or more and, if an individual, his or her occupation and
the identity of his or her employer).” If there are no such donors,
insert “none.”

(c) If the information for the disclosure statement described in
subdivision (b) changes, the disclosure statement on the petition
shall be updated within 14 days of the date of receipt of a
contribution that caused the information in the disclosure statement
to change.

(d) Failure to comply with subdivision (b) shall not constitute
grounds for an elections official to refuse to receive or file an
initiative petition under Section 9015 and shall not render invalid
any signature on an initiative petition.

end delete

begin delete

SEC. 6.  

Section 9021 of the Elections Code is amended to read:

9021.  

Each section of 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 circulator may sign the
section he or she is circulating as provided in Section 106.

SEC. 7.  

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.

(b) In addition to the information required by Section 104, the
declaration of a person who solicits signatures for a proposed
initiative measure and does not receive money or other valuable
consideration for the specific purpose of soliciting signatures of
electors pursuant to Section 9036 shall declare all of the following:

(1) The person does not receive money or other valuable
consideration for soliciting signatures of electors for purposes of
subdivision (a) 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 requirement set forth in subdivision (a) of Section
9036.

(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 his or her signature. The
circulator shall state the date and the place of execution on the
declaration immediately preceding his or her signature.

(d) Petitions so verified shall be prima facie evidence that the
signatures thereon are genuine and that the persons signing are
qualified voters.

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 9022.5 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 9022.5. end insert   

In addition to the information required by Sections
104 and 9022, the declaration of a person who solicits signatures
for a proposed initiative measure and does not receive money or
other valuable consideration for the specific purpose of soliciting
signatures of electors pursuant to Section 9036 shall declare all
of the following:

(a) The person does not receive money or other valuable
consideration for soliciting signatures of electors for purposes of
subdivision (a) of Section 9036.

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

end insert

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

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 10 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 for purposes of subdivision (a) 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
for purposes of subdivision (a) of Section 9036 is less than the
total number needed to satisfy the requirement of that subdivision,
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 begin delete percentage end delete begin insert number end insert of signatures submitted for
purposes of subdivision (a) of Section 9036 is equal to or greater
than the total number needed to satisfy the requirement of that
subdivision, the Secretary of State shall immediately so notify the
elections officials.

(d) (1) Within 35 days after this notification, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the number of qualified voters who have signed the
petition and the number of qualified voters who have signed a
section of the petition that satisfies the requirement of subdivision
(a) of Section 9036.

(2) (A) 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 from all petition
sections in such a manner that every signature filed with the
elections official shall be given an equal opportunity to be included
in the sample.

(B) For initiative petitions, a second random sample of
signatures shall be drawn from all petition sections submitted to
satisfy subdivision (a) of Section 9036 and verified according to
the procedures set forth by the Secretary of State. The verification
of signatures that are submitted for purposes of subdivision (a) of
Section 9036 shall be consistent with subdivision (g) of that
section.

(C) In each case, the random sampling shall include an
examination of at least 500 or 3 percent of the signatures on the
respective petitions or sections of petitions, whichever is greater.

(3) In determining from the records of registration 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 showing
the result of the examination 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 for purposes of
subdivision (a) of Section 9036 does not equal 95 percent of the
number of qualified voters needed to satisfy the requirement of
that subdivision, 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 for purposes of subdivision (a) of Section 9036 total
more than 110 percent of the number of qualified voters needed
to satisfy the requirement of that subdivision, the petition shall be
deemed to qualify as of the date of receipt by the Secretary of State
of certificates showing the petition received more than 110 percent
of the qualified voters needed, and the Secretary of State shall
immediately so notify the proponents and the elections officials.

(h) The Secretary of State shall begin delete enact end delete begin insert adopt end insert regulations
consistent with this section. begin insert The initial regulations may be adopted
as emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and shall be deemed necessary for the
immediate preservation of the public peace, health, safety, or
general welfare. end insert

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 9031 of the Elections Code is amended to read:

9031.  

(a) (1) If the statistical sampling shows that the number
of valid signatures on all petition sections, including those
submitted to satisfy subdivision (a) of Section 9036, is within 95
to 110 percent of the number of signatures of qualified voters
needed to declare the petition sufficient, the Secretary of State
shall order the examination and verification of each signature filed,
and shall so notify the elections officials.

(2) In the case of an initiative petition, if the statistical sampling
shows that the number of valid signatures for all signatures
submitted is more than 110 percent of the number of qualified
voters needed to find the petition sufficient, but the number of
valid signatures submitted for purposes of subdivision (a) of
Section 9036 is within 95 to 110 percent of the number of
signatures needed to satisfy the requirement of that subdivision,
the Secretary of State shall only order an examination and
verification of each signature filed to satisfy the requirement of
subdivision (a) of Section 9036.

(b) (1) Within 35 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 the
number of qualified voters who have signed a section of the petition
that is subject to examination under subdivision (a) 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 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.

(2) The examination of signatures that are submitted to satisfy
subdivision (a) of Section 9036 shall be made pursuant to
subdivision (g) of that section.

(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.

(e) The Secretary of State shall adopt regulations consistent
with this section. begin insert The initial regulations may be adopted as
emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and shall be deemed necessary for the
immediate preservation of the public peace, health, safety, or
general welfare. end insert

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 9036 is added to the Elections Code, to read:

9036.  

(a) At least begin delete 20 end delete begin insert 10 end insert percent of the signatures required
under Section 9035 shall be presented on a petition or section of
a petition that was circulated by a person who does not receive
money or other valuable consideration exclusively or primarily
for the specific purpose of soliciting signatures of electors on the
petition.

(b) (1) A person who is an employee or member of a nonprofit
organization, other than an organization begin delete in the business end delete begin insert with the
primary purpose end insert of soliciting signatures on initiative petitions,
who receives money or other valuable consideration from the
organization and as part of that employment or membership solicits
signatures for the qualification of an initiative measure shall be
deemed to be a person who begin insert , for purposes of subdivision (a), end insert does
not receive money or other valuable consideration for the specific
purpose of soliciting signatures of electors, unless begin delete a end delete begin insert the end insert primary
purpose of that employment or membership is to solicit signatures
on an initiative petition.

(2) For purposes of this subdivision, “member” means any of
the following:

(A) A person who, pursuant to a specific provision of an
organization’s articles of incorporation or bylaws, has the right to
vote directly or indirectly for the election of a director or directors,
or an officer or officers, or on a disposition of all or substantially
all of the assets of the organization, or on a merger or a dissolution.

(B) A person who is designated in an organization’s articles of
incorporation or bylaws as a member and, pursuant to a specific
provision of the articles of incorporation or bylaws, has the right
to vote on changes to the articles of incorporation or bylaws.

(C) A person who pays or has paid membership dues in an
amount predetermined by the organization, provided the
organization is tax exempt under Section 501(c) of the Internal
Revenue Code.

(3) For purposes of this subdivision, a member of a local union
is a member of any national or international union of which the
local union is a part and of any federation with which the local,
national, or international union is affiliated.

(4) For purposes of this subdivision, a person is not a member
of a nonprofit organization solely by virtue of being on a mailing
or contact list of the organization.

begin insert

(5) For purposes of this subdivision, whether an organization,
or a member or employee of an organization, has the primary
purpose of soliciting signatures on an initiative petition shall be
determined based on the totality of the circumstances.

end insert

(c) Signatures that are solicited by a person who is a registered
voter of a political party, a member of a political party committee
as defined in Section 85205 of the Government Code, or an
employee of a political party or a political party committee and
who receives money or other valuable consideration for soliciting
signatures on an initiative petition from the political party or
political party committee do not count towards the number of
signatures needed to satisfy the requirement of subdivision (a).

(d) (1) Signatures on an initiative petition that are solicited
through direct mail do not count towards the number of signatures
needed to satisfy the requirement of subdivision (a) if the person
soliciting the signatures through direct mail, or any other person
who organizes, pays for, or arranges for the direct mail, receives
money or other valuable consideration primarily for the purpose
of soliciting signatures of electors, unless the person is an employee
or member of a nonprofit organization as described in subdivision
(b).

(2) This subdivision shall not be construed to preclude an
organization that has a primary purpose other than soliciting
signatures on initiative petitions from soliciting signatures from
the organization’s members through direct mail and relying on
those signatures for purposes of satisfying the requirement set forth
in subdivision (a).

(e) This section shall not be construed to preclude a person who
receives nominal benefits other than money, such as food,
transportation, or lodging, from qualifying under this section as a
person who does not receive money or other valuable consideration
exclusively or primarily for the specific purpose of soliciting
signatures of electors on a petition for a proposed initiative
measure.

(f) Verification of a petition begin insert that contains a declaration end insert pursuant
to Section begin delete 9022 end delete begin insert 9022.5 end insert shall be prima facie evidence that the
signatures thereon satisfy the requirement of subdivision (a).

(g) For purposes of verifying signatures under Sections 9030
and 9031 and the procedures set forth by the Secretary of State, if
the signature of a qualified voter appears once on a petition or
section of a petition submitted to satisfy subdivision (a) of this
section, and the same voter’s signature appears on a petition or
section of a petition that does not satisfy subdivision (a), the
qualified voter’s signature shall only be counted once and shall be
counted towards satisfying subdivision (a).

begin insert

(h) A person who receives money or other valuable
consideration for the specific purpose of soliciting signatures on
an initiative petition shall not circulate a petition or a section of
a petition for purposes of satisfying the requirement of subdivision
(a) for the same initiative measure.

end insert

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

Section 9037 is added to the Elections Code, to read:

9037.  

(a) The signatures on an initiative petition section shall
be deemed invalid and shall not be used begin delete by an elections official end delete
for the purpose of determining whether the initiative measure
qualifies for the ballot if the signatures thereon were solicited by
a person who, in connection with the circulation of the initiative
petition, intentionally engages in fraud, misrepresentation, or any
conduct described in Section 18600, 18601, or 18602, or by a
person who falsely claims to have not received money or other
valuable consideration for the specific purpose of soliciting
signatures of electors pursuant to Section 9036.

(b) This section may be enforced by a civil action brought by
the Secretary of State begin insert , the Attorney General, a district attorney, a
city attorney of a city with a population greater than 750,000, end insert or
any elector. The signatures on a petition section shall be invalidated
only upon a showing, by clear and convincing evidence, that the
person who solicited or obtained the signatures did so through
intentional fraud, misrepresentation, or other conduct described
in Sections 18600, 18601, and 18602, or that the person falsely
claims to have not received money or other valuable consideration
for the specific purpose of soliciting signatures of electors pursuant
to Section 9036. Any civil action brought pursuant to this section
shall have priority over all other begin insert civil end insert matters.

(c) The relief provided for in subdivision (a) shall not be
available after the Secretary of State has certified that an initiative
begin delete or referendum end delete petition has qualified for the ballot.

(d) If a local elections official is notified of or discovers any
conduct described in subdivision (a), the local elections official
shall promptly notify the Secretary of State.

begin insert

(e) This section does not permit a local elections official who
is notified of or discovers any conduct described in subdivision
(a) to refuse to examine or to stop the examination of the petition
or petition sections.

end insert

begin delete

SEC. 12.  

Section 18602 of the Elections Code is amended to
read:

18602.  

A person working for the proponent or proponents of
a statewide initiative or referendum measure who covers or
otherwise obscures the summary of the measure prepared by the
Attorney General or the disclosure statement printed on the petition
pursuant to Section 9009.6 from the view of a prospective signer
is guilty of a misdemeanor.

end delete

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert The provisions of this act do not apply to an initiative
petition for which the Attorney General issued a circulating title
and summary before January 1, 2014. end insert

begin delete SEC. 13. end delete
begin insert SEC. 12. end 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.