Amended in Senate June 16, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 882

Introduced by Assembly Member Gordon

February 22, 2013

An act to amend begin delete Section end delete begin insert Sections 2153 and end insert 11105 of the Elections Code, relating to begin delete recall end delete elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 882, as amended, Gordon. begin delete Recall elections: state officers: signature verification. end delete begin insert Voter registration and recall elections. end insert

begin insert

(1) Under existing law, if a county elections official receives an affidavit of voter registration that does not include all required information, and the elections official is not able to collect the missing information by telephone, but the mailing address of the affiant is legible, the elections official is required to inform the affiant of the reason for rejection of the affidavit and send to the affiant a new voter registration card.

end insert begin insert

This bill would allow the elections official under these circumstances to send to the affiant any other document, as determined by the elections official, on which the affiant may provide the missing information.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Existing provisions of the California Constitution and statute authorize the recall of state officers. Each section of a recall petition is required to be filed with the elections official of the county in which it was circulated. Existing law requires the elections official to report to the Secretary of State, 30 days after a recall has been initiated and every 30 days thereafter, the number of signatures submitted on the recall petition sections, the number of valid signatures, and related information. Upon the submission of a section of a recall petition, if fewer than 500 signatures are submitted to the elections official, the elections official is required to count the number of signatures and submit those results to the Secretary of State. If 500 or more signatures are submitted to the elections official, the elections official may verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is less, and report the results of that verification to the Secretary of State.

This bill would instead provide that if 500 or more signatures are submitted to the elections official, the elections official may verify, using a random sampling technique, either 3% of the signatures submitted or 500 signatures, whichever is greater. By increasing the duties of local election officials, the bill would impose a state-mandated local program.

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(2)

end delete

begin insert (3) end 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.

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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 2153 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

2153.  

(a) Except as provided in Section 2154, the affidavit of
registration shall show all the facts required to be stated.

(b) If the affidavit does not contain all of the information
required, but the telephone number of the affiant is legible, the
county elections official shall telephone the affiant and attempt to
collect the missing information.

(c) If the affidavit does not contain all of the information
required, and the county elections official is not able to collect the
missing information by telephone, but the mailing address of the
affiant is legible, the county elections official shall inform the
affiant of the reason for rejection and shall send to the affiant a
new voter registration card begin insert or any other document, as determined
by the elections official, on which the affiant may provide the
missing information end insert .

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 11105 of the Elections Code is amended to
read:

11105.  

Upon each submission, if fewer than 500 signatures
are submitted to the elections official, he or she shall count the
number of signatures and submit those results to the Secretary of
State. If 500 or more signatures are submitted, the elections official
may verify, using a random sampling technique, either 3 percent
of the signatures submitted, or 500, whichever is greater. The
random sample of signatures to be verified shall be drawn in a
manner that every signature filed with the elections official shall
be given an equal opportunity to be included in the sample. Upon
completion of the signature verification, the elections official shall
report the results to the Secretary of State pursuant to Section
11104.

begin delete SEC. 2. end delete
begin insert SEC. 3. 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.