BILL NUMBER: AB 2219	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 11, 2014

INTRODUCED BY   Assembly Member Fong

                        FEBRUARY 20, 2014

   An act to amend Sections 9031 and 9115 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2219, as amended, Fong. Initiative and referendum petitions:
verification of signatures.
   Existing law requires local elections officials to perform various
duties with respect to statewide initiative and referendum
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. If the sampling
shows that the number of valid signatures is within 95 to 110% of the
number of signatures of qualified voters needed to declare the
petition sufficient, existing law requires election officials or the
registrar of voters to examine and verify each signature filed.
   This bill would require the elections official or registrar of
voters during the examination of the signatures to submit one or more
reports to the Secretary of State showing the number of signatures
that have been verified as of that date. The bill would require the
Secretary of State to maintain a list indicating the number of
verified signatures based on the most recent reports and, if the
Secretary of State determines that based on the list the petition is
signed by the requisite number of voters, the bill would require the
Secretary of State to notify the elections official or registrar of
every county or city and county of that fact. After receipt of the
notification that the petition has obtained the requisite number of
verified signatures, this bill would require the elections official
or registrar of voters to immediately transmit to the Secretary of
State the petition and an amended certificate showing the results of
the examination and would permit the elections official or registrar
to suspend the signature verification until the Secretary of State
transmits a certificate to terminate the verification or provides
other instructions.
   Existing law prescribes the procedure for determining the total
number of valid signatures affixed to a county initiative petition
and requires the county elections official, if the initiative
petition contains more than 500 signatures, to verify signatures
using a random sampling method. If the sampling shows the petition
contains 95 to 110% of the number of valid signatures to qualify the
petition, the county elections official is required to verify each
signature filed.
   This bill would permit the elections official to terminate the
verification of the remaining unverified signatures if he or she
determines, prior to completing the examination of each signature
filed, that the petition is  signature  signed
 by the requisite number of qualified voters to declare the
petition sufficient. 
   This bill would incorporate additional changes to Section 9031 of
the Elections Code proposed by SB 1253 that would become operative
only if SB 1253 and this bill are both chaptered and become effective
on or before January 1, 2015, and this bill is chaptered last. 

   By increasing the duties of the local elections officials and
registrars of voters, this bill 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.  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, the Secretary of State shall order the examination and
verification of the signatures 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 number
of qualified voters have signed the petition 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 number of qualified voters 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) (1) During the examination and verification of the signatures
filed, the elections official or registrar of voters shall submit one
or more reports to the Secretary of State showing the number of
signatures of qualified voters that have been verified as of that
date. The Secretary of State shall determine the number of reports
required to be submitted and the manner of their submission.
   (2) The Secretary of State shall maintain a list indicating the
number of verified signatures of qualified voters who have signed the
petition based on the most recent reports submitted pursuant to
paragraph (1). If the Secretary of State determines, prior to each
county's completing the examination of each signature filed, that
based on the list the petition is signed by the requisite number of
voters needed to declare the petition sufficient, the Secretary of
State shall immediately notify the elections official or registrar of
voters of every county or city and county in the state of this fact.
Immediately after receipt of this notification, the elections
official or registrar of voters may suspend signature verification
until receipt of a certificate pursuant to Section 9033 or until
otherwise instructed by the Secretary of State.
   (d) The elections official or registrar, upon the completion of
the examination or notification pursuant to paragraph (2) of
subdivision (c), 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.
   (e) 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.

   (f) 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. 1.5.    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, the Secretary of State shall order the examination and
verification of  each signature   the signatures
 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 number
of qualified voters have signed the petition 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 number of qualified voters 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) (1) During the examination and verification of the signatures
filed, the elections official or registrar of voters shall submit one
or more reports to the Secretary of State showing the number of
signatures of qualified voters that have been verified as of that
date. The Secretary of State shall determine the number of reports
required to be submitted and the manner of their submission. 

   (2) The Secretary of State shall maintain a list indicating the
number of verified signatures of qualified voters who have signed the
petition based on the most recent reports submitted pursuant to
paragraph (1). If the Secretary of State determines, prior to each
county's completing the examination of each signature filed, that
based on the list the petition is signed by the requisite number of
voters needed to declare the petition sufficient, the Secretary of
State shall immediately notify the elections official or registrar of
voters of every county or city and county in the state of this fact.
Immediately after receipt of this notification, the elections
official or registrar of voters may suspend signature verification
until receipt of a certificate pursuant to Section 9033 or until
otherwise instructed by the Secretary of State.  
   (c) 
    (d)  The elections official or registrar, upon the
completion of the  examination,   examination or
notification pursuant to paragraph (2) of subdivision (c), 
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) 
    (e)  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.   shall certify that the
measure is qualified for the ballot as provided in Section 9033.
 
   If 
    (f)     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. 2.  Section 9115 of the Elections Code is amended to read:
   9115.  (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 9114 shows that more than 500
signatures have been signed on the petition, the elections official
may use a random sampling technique for verification of signatures.
The random sample of signatures to be verified shall be drawn so 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.
   (b) 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, the
elections official shall, within 60 days from the date of the filing
of the petition, excluding Saturdays, Sundays, and holidays, examine
and verify the signatures filed. If the elections official
determines, prior to completing the examination of each signature
filed, that the petition is signed by the requisite number of
qualified voters to declare the petition sufficient, the elections
official may terminate the verification of the remaining unverified
signatures.
   (c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the elections
official may use the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
complies with law.
   (d) The elections official shall attach to the petition a
certificate showing the result of this examination and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
   (e) If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
   (f) If the petition is found to be sufficient, the elections
official shall certify the results of the examination to the board of
supervisors at the next regular meeting of the board.
   SEC. 3.    Section 1.5 of this bill incorporates
amendments to Section 9031 of the Elections Code proposed by both
this bill and Senate Bill 1253. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 9031 of the Elections Code, and
(3) this bill is enacted after Senate Bill 1253, in which case
Section 1 of this bill shall not become operative. 
   SEC. 3.   SEC. 4.   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.