BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 2219
          Author:   Fong (D)
          Amended:  8/11/14
          Vote:     21

           
           SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM.  :  4-0, 6/17/14
          AYES:  Padilla, Hancock, Jackson, Pavley
          NO VOTE RECORDED:  Anderson

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  74-0, 5/1/14 - See last page for vote


           SUBJECT  :    Initiative and referendum petitions

           SOURCE  :     California Association of Clerks and Election  
          Officials


           DIGEST  :    This bill allows county elections officials to  
          discontinue verifying signatures on a petition once the  
          Secretary of State (SOS) has determined, based on status reports  
          on signature verification received from the elections officials,  
          that an initiative or referendum has qualified for the ballot.

           Senate Floor Amendments  of 8/11/14 add double-jointing language  
          with SB 1235 (Steinberg).

           ANALYSIS  :    Existing law:

          1.Requires county elections officials, once all petitions for a  
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            statewide initiative and referendum are submitted, to  
            determine the total number of signatures affixed to the  
            petition and transmit this information to the SOS.

          2.Requires the SOS to immediately notify the elections official  
            if the total number of signatures filed with the elections  
            official is 100% or more of the number of qualified voters  
            needed to declare the petition sufficient.

          3.Requires the elections official, after receipt of the  
            notification from the SOS, to determine the number of  
            qualified voters who have signed the petition and permits the  
            elections official, if more than 500 names have been signed on  
            sections of the petition filed, to use a random sample  
            technique to verify the signatures, as specified.

          4.Requires an elections official, upon completion of the  
            examination, to attach to the petition a certificate showing  
            the result of the examination and immediately transmit the  
            certificate to the SOS.  Provides that if the random sample  
            shows that the number of valid signatures is within 95 to 110%  
            of the number of qualified voters needed to find the petition  
            sufficient, the SOS must order the examination and  
            verification of each signature filed with the elections  
            official.

          5.Requires county elections officials, once all petitions for a  
            county initiative are submitted, to determine the total number  
            of signatures affixed to the petition, and also requires the  
            elections official, if the number of signatures equals or is  
            in excess of the minimum number of signatures required, to  
            examine the petitions, and from the records of registration  
            ascertain whether or not the petition is signed by the  
            requisite number of voters.

          6.Permits an elections official, if more than 500 signatures are  
            submitted, to use a random sample technique for verification  
            of the signatures and also requires the random sample to  
            include an examination of at least 500, or 3% of the  
            signatures, whichever is greater.

          7.Requires an elections official, if the statistical sampling  
            shows that the number of valid signatures is within 95% to  
            110% of the number of qualified voters needed to find the  

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            petition sufficient, to examine and verify each signature  
            filed.

          This bill:
           
           1.Requires an elections official or registrar of voters, when  
            conducting a full check of all signatures filed for a  
            statewide initiative or referendum petition, to submit one or  
            more reports to SOS showing the number of signatures of  
            qualified voters that have been verified as of the date.  
            Requires the SOS to determine the number of reports required  
            to be submitted and the manner of their submission. 

          2.Requires the SOS to maintain a list indicating the number of  
            verified signatures of qualified voters who have signed the  
            petition based on the most recent reports submitted. Provides  
            that if the SOS determines, prior to each county 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 SOS must  
            immediately notify the elections official or registrar of  
            voters of every county or city and county in the state of this  
            fact. 

          3.Permits an elections official or registrar of voters,  
            immediately after receipt of the notification described above,  
            to suspend signature verification until receipt of a  
            certificate from the SOS showing that the petition has been  
            signed by the requisite number of qualified voters pursuant to  
            current law, or until otherwise instructed by the SOS. 

          4.Provides that if an elections official determines, prior to  
            completing the examination of each signature filed for a  
            county initiative or referendum, that the petition is signed  
            by the requisite number of qualified voters to declare the  
            petition sufficient, the election official may terminate the  
            verification of the remaining unverified signatures. 

          5.Contains double-jointing language to resolve chaptering issues  
            with SB 1235 (Steinberg).
           
          Background
           
          Existing law requires a statewide initiative and referendum, in  

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          order to qualify for the ballot, to be signed by a specified  
          number of registered voters.  Specifically, Article II, Section  
          8(b) of the California Constitution requires a statewide  
          initiative statute or referendum to be signed by registered  
          voters equal to at least 5% of the total votes cast for Governor  
          at the last gubernatorial election.  According to the SOS's  
          office, the total number of signatures required is 504,760.

          Once the requisite number of signatures has been collected, they  
          must be filed with the appropriate county elections officials.   
          After the filing of the petitions, county elections officials  
          must determine the total number of signatures on the petitions  
          submitted and report the total to the SOS.  If the raw count of  
          signatures submitted equals 100% or more of the total number of  
          signatures needed to qualify the initiative measure, the SOS  
          notifies the county elections official to verify the signatures  
          using a random sample verification technique.  If the result of  
          the random sample indicates that the number of valid signatures  
          represents between 95 to 110% of the required number of  
          signatures to qualify the measure for the ballot, the SOS is  
          required to direct the county elections official to verify every  
          signature on the petition.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

           SUPPORT  :   (Verified  8/11/14)

          California Association of Clerks and Election Officials (source)  


           ARGUMENTS IN SUPPORT  :    According to the author's office, in  
          order to qualify for the ballot, state law requires an  
          initiative or referendum to be signed by a specified number of  
          registered voters.  Once the requisite number of signatures has  
          been collected on the petition, they must be filed with the  
          appropriate county elections official.  Once submitted, current  
          law requires elections officials to examine the petition and  
          determine if the raw number of signatures submitted equals or  
          exceeds the number of signatures required.  If it is determined  
          a sufficient number of signatures has been submitted, current  
          law requires county elections officials to examine the petition,  
          and from records of registration, verify the signatures to  
          ascertain whether the petition is signed by the requisite number  

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          of voters.

           ASSEMBLY FLOOR  :  74-0, 5/1/14
          AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon,  
            Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,  
            Gray, Grove, Hagman, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,  
            Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,  
            Olsen, Pan, Patterson, Perea, V. Manuel Pérez, Quirk,  
            Quirk-Silva, Rendon, Rodriguez, Skinner, Stone, Ting, Wagner,  
            Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.  
            Pérez
          NO VOTE RECORDED: Brown, Hall, Mansoor, Ridley-Thomas, Salas,  
            Vacancy


          RM:nl  8/12/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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