Senate Bill No. 213

Introduced by Senator Galgiani

February 11, 2013

An act to amend Sections 102, 104, 6106, 6108, 6363, 6365, 6584, 6586, 6587, 6784, 6786, 6787, 8041, 8066, 8106, 8409, 8451, 9021, 9022, 9209, 9237, 9238, 9305, 9307, 10220, 10226, 11045, and 11046 of, and to add Section 102.5 to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 213, as introduced, Galgiani. Election petitions: circulators.

(1) Existing law generally prohibits the circulation of initiative, referendum, and recall petitions and nominating papers by a person who is not a resident of the state.

This bill would authorize a person to circulate a petition or nominating paper if the person is at least 18 years of age and either is a resident of the state or has filed with the Secretary of State an irrevocable consent that suits and actions arising out of or in connection with the petition or nominating paper may be commenced against him or her in any court of competent jurisdiction in this state by the service on the Secretary of State of any summons, process, or pleadings authorized by law. The bill would require a circulator to certify under penalty of perjury that the circulator is 18 years of age or older and that the circulator has irrevocably consented to suits, actions, and service of process, if not a resident of the state. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would make conforming changes to various provisions of existing law.

(2) 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 no reimbursement is required by this act for a specified reason.

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 102 of the Elections Code is amended to
read:

102.  

A person begin delete who is a voter or who is qualified to register to
vote in this state may end delete begin insert shall not end insert circulate begin delete an end delete begin insert a state or local end insert initiative
begin delete or end delete begin insert , end insert referendum begin insert , or recall end insert petition begin delete in accordance with this code. A
person who is a voter may circulate a recall petition in accordance
with this code end delete begin insert or nominating paper unless the person is 18 years
of age or older and either a resident of the state or a nonresident
who has met the requirements of Section 102.5 end insert .

SEC. 2.  

Section 102.5 is added to the Elections Code, to read:

102.5.  

(a) Before circulating a state or local initiative,
referendum, or recall petition or nominating paper, a person who
does not reside in this state shall file with the Secretary of State
an irrevocable consent that suits and actions arising out of or in
connection with the petition or nominating paper may be
commenced against him or her in any court of competent
jurisdiction in this state by the service on the Secretary of State of
any summons, process, or pleadings authorized by the laws of the
state. This consent shall stipulate that the service of summons,
process, or pleadings on the Secretary of State shall be taken and
held in all courts to be as valid and binding as if due service had
been made upon the circulator personally in the state.

(b) If the Secretary of State is served with a summons, process,
or pleadings pursuant to subdivision (a), the Secretary of State
shall immediately cause a copy of the documents served to be
forwarded by certified mail addressed to the circulator at the
circulator’s last known address. Notwithstanding any other
provision of law, the circulator shall have not less than 40 days
from the date of the mailing by the Secretary of State to answer
the summons, process, or pleadings.

(c) This section does not limit the right of a person to serve any
summons, process, or pleadings upon the circulator in another
manner permitted by law.

SEC. 3.  

Section 104 of the Elections Code is amended to read:

104.  

(a) Wherever any petition or paper is submitted to the
elections official, each section of the petition or paper shall have
attached to it a declaration signed by the circulator of the petition
or paper, setting forth, in the circulator’s own hand, the following:

(1) The printed name of the circulator.

(2) The residence address of the circulator, giving street and
number, or if no street or number exists, adequate designation of
residence so that the location may be readily ascertained.

(3) The dates between which all the signatures to the petition
or paper were obtained.

(b) Each declaration submitted pursuant to this section shall
also set forth the following:

(1) That the circulator circulated that section and witnessed the
appended signatures being written.

(2) That according to the best information and belief of the
circulator, each signature is the genuine signature of the person
whose name it purports to be.

begin insert

(3) That the circulator is 18 years of age or older.

end insert begin insert

(4) If the circulator is not a resident of the state, that the
circulator has irrevocably consented to suits, actions, and service
of process in the state pursuant to Section 102.5.

end insert

(c) The circulator shall certify begin delete to end delete 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.

SEC. 4.  

Section 6106 of the Elections Code is amended to read:

6106.  

Each section shall be prepared with the lines for
signatures numbered, and shall have attached the affidavit of the
circulator who obtained signatures to it, begin delete stating that all the
signatures to the attached section were made in his or her presence,
and that to the best of his or her knowledge and belief each
signature to the section is the genuine signature of the person whose
name it purports to be end delete begin insert which shall meet all of the requirements of
Section 104 end insert . No other affidavit is required. The affidavit of any
circulator shall be verified free of charge by any officer authorized
to administer oaths.

SEC. 5.  

Section 6108 of the Elections Code is amended to read:

6108.  

The nomination paper for the presidential primary ballot
shall be in substantially the following form:

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF A PRESIDENTIAL CANDIDATE OR UNCOMMITTED DELEGATE
Section _________ Page _____
County of ______________. Nomination paper of a candidate or uncommitted delegation for the presidential primary ballot.
State of California County of	⎱ ⎰	ss.
SIGNER’S STATEMENT
I, the undersigned, am a voter of the County of ____, State of California, and am registered as affiliated with the Democratic Party. I hereby nominate ____ for the presidential primary to be held on the ____ day of ____, 20__. I have not signed the nomination paper of any other candidate or uncommitted delegation, and I further declare that I intend to support the candidate or uncommitted delegation named herein.
Number   SignaturePrinted nameResidence
1.
2.
3.
etc.

 

 

CIRCULATOR’S AFFIDAVIT
I, ____________, solemnly swear (or begin delete affirm) that end delete begin insert affirm) all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .    [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______________________________________________________________.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert I secured signatures in the County of ____________ to the nomination paper of a candidate or uncommitted delegation for the presidential primary ballot named in the signer’s statement above; that all the signatures on this section of the nomination paper numbered from 1 to ___, inclusive, were made in my presence, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between ____________, 20___, and ____________, 20____.
	(Signed)    Circulator
Subscribed and sworn to before me this ____ day of ____, 20____.
(SEAL)	Notary Public (or other official)

 

SEC. 6.  

Section 6363 of the Elections Code is amended to read:

6363.  

Each section shall be prepared with the lines for
signatures numbered, and shall have attached the affidavit of the
circulator who obtained signatures to begin delete it, stating that all the
signatures to the attached section were made in his or her presence,
and that to the best of his or her knowledge and belief each
signature to the section is the genuine signature of the person whose
name it purports to be end delete begin insert it, which shall meet all of the requirements
of Section 104 end insert . No other affidavit is required. The affidavit of any
circulator shall be verified free of charge by any officer authorized
to administer oaths.

SEC. 7.  

Section 6365 of the Elections Code is amended to read:

6365.  

The nomination paper for a candidate shall be in
substantially the following form:

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF CANDIDATE
Section ____________ Page ____________
County of __________. Nomination paper for ____________ as presidential nominee of the Republican Party.
State of California County of	⎱ ⎰	ss.
SIGNER’S STATEMENT
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the Republican Party. I have not signed the nomination paper of any other candidates for the same office, and further declare that I intend to support the nomination of the candidate named herein at the Republican Party presidential primary to be held on the ____________ day of ____________, 20____.
Number   SignaturePrinted nameResidence
1.
2.
3.
etc.
CIRCULATOR’S AFFIDAVIT
I, ________, solemnly swear (or begin delete affirm) that end delete begin insert affirm) all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .    [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert I secured signatures in the County of ________ to the nomination paper of the candidate named in the signer’s statement above as candidate for nomination by the Republican Party at its presidential primary election; that all the signatures on this section of the nomination paper numbered from 1 to ____________, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__ begin insert , end insert and ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.

 

 

	(Signed)    Circulator
Subscribed and sworn to before me this ____________ day of ____________, 20 ____.
(SEAL)	Notary Public (or other official)

 

SEC. 8.  

Section 6584 of the Elections Code is amended to read:

6584.  

Each section shall be prepared with the lines for
signatures numbered, and shall have attached the affidavit of the
circulator who obtained signatures to begin delete it, stating, under penalty of
perjury, that all the signatures to the attached section were made
in his or her presence, and that to the best of his or her knowledge
and belief each signature to the section is the genuine signature of
the person whose name it purports to be end delete begin insert it, which shall meet all of
the requirements of Section 104 end insert . No other affidavit is required.

SEC. 9.  

Section 6586 of the Elections Code is amended to read:

6586.  

The nomination paper for a candidate for the presidential
preference portion of the ballot shall be in substantially the
following form:

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE
Section ____________ Page ____________
County of ______________. Nomination paper of a presidential preference candidate for the American Independent Party presidential primary ballot.
State of California County of	⎱ ⎰	ss.
SIGNER’S STATEMENT
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the American Independent Party. I hereby nominate ____________ for the presidential preference portion of the American Independent Party’s presidential primary ballot, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office, or for any group of delegates, to the national convention of the party, and I further declare that I intend to support the candidate named herein.

 

 

NumberSignaturePrinted nameResidence

1.

2.

3.

etc.

 

 

CIRCULATOR’S AFFIDAVIT
I, ______, solemnly swear (or begin delete affirm) that end delete begin insert affirm) all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .    [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert I secured signatures in the County of ____ to the nomination paper of a candidate in the presidential preference primary of the American Independent Party; that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20_, and ____, 20_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.  I declare under penalty of perjury that the foregoing is true and correct.
	(Signed)    Circulator

 

SEC. 10.  

Section 6587 of the Elections Code is amended to
read:

6587.  

The nomination paper for a group of candidates for
delegates, to the national convention shall be in substantially the
following form:

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF GROUP OF CANDIDATES FOR DELEGATES TO NATIONAL CONVENTION
Section ____________ Page ____________
County of ______________. Nomination paper of group of candidates for election as delegates by the American Independent Party pledged to the candidacy of ____________ as presidential nominee or expressing no preference, as the case may be.
State of California County of	⎱ ⎰	ss.
SIGNER’S STATEMENT
I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the American Independent Party. I hereby nominate the following:

 

 

Residence             city                Number   Namesor townCounty
1.
2.
3.
etc.
(to such number as may be required) etc., as candidates for delegates to the American Independent Party’s National Convention, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidates for the same office, or of any candidate for the presidential preference portion of the primary ballot, and I further declare that I intend to support for nomination the candidates named herein.
NumberSignaturePrinted nameResidence
1.
2.
3.
etc.

 

 

CIRCULATOR’S AFFIDAVIT
I, ______, solemnly swear (or begin delete affirm) that end delete begin insert affirm) all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .    [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert I secured signatures in the County of ____ to the nomination paper of the group of candidates named in the signer’s statement above as candidates for nomination and election by the American Independent Party as delegates to represent the State of California in the party’s next national convention; that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20_, and ____, 20_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.  I declare under penalty of perjury that the foregoing is true and correct.
	(Signed)    Circulator

 

SEC. 11.  

Section 6784 of the Elections Code is amended to
read:

6784.  

Each section shall be prepared with the lines, for
signatures numbered, and shall have attached the declaration of
the circulator who obtained signatures to begin delete it, stating, under penalty
of perjury, that she or he is a voter registered as affiliated with the
Peace and Freedom Party, that all the signatures to the attached
section were made in her or his presence, and that to the best of
her or his knowledge and belief each signature to the section is the
genuine signature of the person whose name it purports to be end delete begin insert it,
which shall meet all of the requirements of Section 104 end insert . No other
declaration is required to be made.

SEC. 12.  

Section 6786 of the Elections Code is amended to
read:

6786.  

The nomination paper for a candidate for the presidential
preference portion of the ballot shall be in substantially the
following form:

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE
		Section ______ Page ______ County of _________.
Nomination paper of a presidential preference candidate for the Peace and Freedom Party presidential primary ballot.
State of California County of	⎱ ⎰	ss.
SIGNER’S STATEMENT
I, the undersigned, am a voter of the County of ______, State of California, and am registered as affiliated with the Peace and Freedom Party. I hereby nominate ________ for the presidential preference portion of the Peace and Freedom Party’s presidential primary ballot, to be voted for at the presidential primary to be held on the ______ day of June, 20__. I have not signed the nomination paper of any other candidate for the same office, or for any group of delegates to the national convention of the ______ Party, with which the Peace and Freedom Party of California is affiliated on the national level.

 

 

Number	Signature	Printed name	Residence street address /city
1.
2.
3.
etc.

 

 

CIRCULATOR’S AFFIDAVIT
I, ______, affirm begin delete that I am a voter registered as affiliated with end delete begin delete end delete begin delete the Peace and Freedom Party in ____ County, that end delete begin insert all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .    [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert I secured signatures in the County of ____ to the nomination paper of a candidate in the presidential preference primary of the Peace and Freedom Party, that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20_, and ____, 20_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.  I declare under penalty of perjury that the foregoing is true and correct.  Executed at ____, California, this ____ day of ____, 20_.
	(Signed)     Circulator (Printed name)

 

SEC. 13.  

Section 6787 of the Elections Code is amended to
read:

6787.  

The nomination paper for a group of candidates for
delegates to the national convention shall be in substantially the
following form:

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF GROUP OF CANDIDATES FOR DELEGATES TO NATIONAL CONVENTION
		Section ______ Page ______ County of _________.
Nomination paper of group of candidates for election as delegates by the Peace and Freedom Party pledged to the candidacy of ______ as presidential nominee, or expressing no preference, as the case may be.
State of California County of	⎱ ⎰	ss.
SIGNER’S STATEMENT
I, the undersigned, am a voter of the County of ______, State of California, and am registered as affiliated with the Peace and Freedom Party. I hereby nominate the following:

 

 

Number	Names	Residence city or town	County
1.
2.
3.
etc.
(to the number as may be required) as candidates for delegate to the national convention of the ______ Party, with which the Peace and Freedom Party of California is affiliated on the national level, to be voted for at the presidential primary to be held on the ______ day of begin delete March end delete begin insert June end insert , 20___. I have not signed the nomination paper of any other group of candidates for delegates to the national convention or of any candidate for the presidential preference portion of the primary ballot.

 

 

Number	Signature	Printed name	Residence street address /city
1.
2.
3.
etc.

 

 

CIRCULATOR’S AFFIDAVIT
I, ______, affirm begin delete that I am a voter registered as affiliated with end delete begin delete end delete begin delete the Peace and Freedom Party in ____ County, that end delete begin insert all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .    [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert I secured signatures in the County of ____ to the nomination paper of the group of candidates named in the signer’s statement above as candidates for nomination and election by the Peace and Freedom Party as delegates to represent the Peace and Freedom Party of California in the ____ Party’s next national convention, that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20__, and ____, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be.  I declare under penalty of perjury that the foregoing is true and correct.  Executed at ____, California, this ____ day of ____, 20__.
	(Signed)     Circulator (Printed name)

 

SEC. 14.  

Section 8041 of the Elections Code is amended to
read:

8041.  

(a) The nomination paper shall be in substantially the
following form:

 

NOMINATION PAPER

I, the undersigned signer for ______ for nomination to the office of ____, to be voted for at the primary election to be held on the ____ day of ____, 20__, hereby assert as follows:  I am a resident of ____ County and registered to vote at the address shown on this paper. I am not at this time a signer of any other nomination paper of any other candidate for the above-named office, or in case there are several places to be filled in the above-named office, I have not signed more nomination papers than there are places to be filled in the above-named office. My residence is correctly set forth after my signature hereto:

Name

Residence

 

(b) The affidavit of the circulator shall read as follows:

 

AFFIDAVIT OF THE CIRCULATOR

I, ______, solemnly swear (or begin delete affirm) that end delete begin insert affirm) all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .    [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert the signatures on this section of the nomination paper were obtained between _____, 20__, and _____, 20__; that I circulated the petition and I witnessed the signatures on this section of the nomination paper being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be. begin delete  My voting residence is ______________. end delete

Signed

Subscribed and sworn to before me this ___________ day of _____________, 20__.

(SEAL)        Notary Public (or other official)

Examined and certified by me this ___________ day of _____________, 20__.

Elections Official

WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any nomination paper in his or her possession which is entitled to be filed under Section 18202 of the Elections Code.

 

(c) If the nomination paper is for a partisan office, the
nomination paper shall include a statement indicating the party
preference of the signer of the nomination paper.

SEC. 15.  

Section 8066 of the Elections Code is amended to
read:

8066.  

Circulators shall begin delete be voters in the district or political
subdivision in which the candidate is to be voted on and shall serve
only in that district or political subdivision end delete begin insert meet the requirements
of Section 102 end insert .

SEC. 16.  

Section 8106 of the Elections Code is amended to
read:

8106.  

(a) Notwithstanding any other provision of this article,
a candidate may submit a petition containing signatures of
registered voters in lieu of a filing fee as follows:

(1) For the office of California State Assembly, 1,500 signatures.

(2) For the office of California State Senate and the United
States House of Representatives, 3,000 signatures.

(3) For candidates running for statewide office, 10,000
signatures.

(4) For all other offices for which a filing fee is required, if the
number of registered voters in the district in which he or she seeks
nomination is 2,000 or more, a candidate may submit a petition
containing four signatures of registered voters for each dollar of
the filing fee, or 10 percent of the total of registered voters in the
district in which he or she seeks nomination, whichever is less.

(5) For all other offices for which a filing fee is required, if the
number of registered voters in the district in which he or she seeks
nomination is less than 2,000, a candidate may submit a petition
containing four signatures of registered voters for each dollar of
the filing fee, or 20 percent of the total of registered voters in the
district in which he or she seeks nomination, whichever is less.

(6) A voter may sign both a candidate’s nomination papers and
his or her in-lieu-filing-fee petition. However, if signatures
appearing on the documents are counted towards both the
nomination paper and the in-lieu-filing-fee petition signature
requirements, a person may only sign one of the documents.

(b) The Secretary of State or an elections official shall furnish
to each candidate, upon request, and without charge therefor, forms
for securing signatures. The number of forms which the elections
official shall furnish a candidate shall be a quantity that provides
the candidates with spaces for signatures sufficient in number to
equal the number of signatures that the candidate is required to
secure pursuant to subdivision (a) if the candidate desires that
number of forms. However, the elections official, rather than
provide the candidate with the number of forms set forth in the
preceding sentence, or upon the request of a candidate, may provide
the candidate with a master form that may be duplicated by the
candidate at the candidate’s expense for the purpose of circulating
additional petitions. The Secretary of State shall provide the master
form. The elections official may provide candidates a form other
than the master form provided by the Secretary of State. However,
that form shall meet all statutory requirements, and the elections
official shall also make available and accept the master form
provided by the Secretary of State. All forms shall be made
available commencing 45 days before the first day for circulating
nomination papers. However, in cases of vacancies for which a
special election is authorized or required to be held to fill the
vacancy, and where the prescribed nomination period would
commence less than 45 days after the creation of the vacancy, the
forms shall be made available within five working days after the
creation of the vacancy. No other form except the form furnished
by the Secretary of State or the elections official or forms
duplicated from a master form shall be used to secure signatures.
Each petition section shall bear an affidavit signed by the circulator,
in substantially the same form as set forth in Section 8041. The
substitution of signatures for fees shall be subject to the following
provisions:

(1) Any registered voter may sign an in-lieu-filing-fee petition
for any candidate for whom he or she is eligible to vote.

(2) If a voter signs more candidates’ petitions than there are
offices to be filled, the voter’s signatures shall be valid only on
those petitions which, taken in the order they were filed, do not
exceed the number of offices to be filled.

(3) In-lieu-filing-fee petitions shall be filed at least 15 days prior
to the close of the nomination period. Upon receipt of the minimum
number of in-lieu-filing-fee signatures required, or a sufficient
combination of signatures and pro rata filing fee, the elections
official shall issue nomination papers provisionally. Within 10
days after receipt of a petition, the elections official shall notify
the candidate of any deficiency. The candidate shall then, prior to
the close of the nomination period, either submit a supplemental
petition, or pay a pro rata portion of the filing fee to cover the
deficiency.

(4) If the petition is circulated for an office in more than one
county, the candidate shall submit the signatures to the elections
official in the county in which the petition was circulated. The
elections official shall, at least two days after verifying the
signatures on the petition, notify the Secretary of State of the total
number of valid signatures. If the number of signatures is
insufficient, the Secretary of State shall notify the candidate and
the elections officials of the fact. The candidate may submit the
necessary number of valid signatures at any time prior to the close
of the period for circulating nomination papers. Each circulator begin delete of
an in-lieu-filing-fee petition shall be a registered voter of the district
or political subdivision in which the candidate is to be voted on.
The circulator shall serve within the county in which he or she
resides end delete begin insert shall meet the requirements of Section 102 end insert .

(5) Each candidate may submit a greater number of signatures
to allow for subsequent losses due to invalidity of some signatures.
The elections official shall not be required to determine the validity
of a greater number of signatures than that required by this section.

(c) For the purposes of this section, the requisite number of
signatures shall be computed from the latest registration figures
forwarded to the Secretary of State pursuant to Section 2187 prior
to the first day on which petitions are available.

(d) All valid signatures obtained pursuant to this section shall
be counted toward the number of voters required to sign a
nomination paper in accordance with Section 8061 or 8405.

SEC. 17.  

Section 8409 of the Elections Code is amended to
read:

8409.  

Each candidate or group of candidates shall submit a
nomination paper that shall be substantially in the following form:

 

County of _______. Nomination paper of ______, candidate for the office of _______.
State of California County of	⎱ ⎰	ss.
SIGNER’S STATEMENT
I, undersigned, am a voter of the County of ______, State of California. I hereby nominate __________, who resides at No. ______, ________ Street, City of ________, County of ______, State of California, as a candidate for the office of _______ to be voted for at the election to be held on the ______ day of ______, 20___. I have not signed the nomination paper of any other candidate for the same office.

 

 

Number   Signature		Printed Name		Residence
1.
2.
3.
4.
5.
etc.

 

 

CIRCULATOR’S AFFIDAVIT

I, ________, solemnly swear (or begin delete affirm) that end delete begin insert affirm) all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .     [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert I secured signatures in the County of ______ to the nomination paper of ________ as candidate for the office of ______; that the signatures were obtained between _______, 20__, and ________, 20__; that I saw all the signatures on this section of the nomination paper being signed and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be.

begin delete My residence address is     end delete

(Signed)        Circulator

Subscribed and sworn to before me this ______ day of ______, 20__.

 

 

(SEAL)	Notary Public (or other official)

 

SEC. 18.  

Section 8451 of the Elections Code is amended to
read:

8451.  

Circulators shall begin delete be voters in the district or political
subdivision in which the candidate is to be voted on and shall serve
only in that district or political subdivision end delete begin insert meet the requirements
of Section 102 end insert .

SEC. 19.  

Section 9021 of the Elections Code is amended to
read:

9021.  

begin insert (a) end insert begin insert   end insert A person who begin delete is a voter or who is qualified to
register to vote in this state end delete begin insert meets the requirements of Section 102 end insert
may circulate begin delete an end delete begin insert a statewide end insert initiative or referendum petition
anywhere within the state. Each section of the petition 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.

begin delete

The

end delete

begin insert (b) end insert begin insert   end insert begin insert The end insert circulator may sign the section he or she is circulating
as provided in Section 106.

SEC. 20.  

Section 9022 of the Elections Code is amended to
read:

9022.  

(a) Each section shall have attached thereto the
declaration of the person soliciting the signatures setting forth the
information required by Section 104 begin delete and stating that the circulator
is a voter or is qualified to register to vote in the state end delete .

(b) 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.

begin delete

Another declaration thereto may

end delete

begin insert (c) end insert begin insert   end insert begin insert Another declaration shall end insert not be required.

begin delete

Petitions

end delete

begin insert (d) end insert begin insert   end insert begin insert Petitions end insert so verified shall be prima facie evidence that the
signatures begin delete thereon end delete 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. 21.  

Section 9209 of the Elections Code is amended to
read:

9209.  

Each section shall have attached thereto the declaration
of the person soliciting the signatures. This declaration shall be
substantially in the same form as set forth in Section 9022 begin delete , except
that the declaration shall declare that the circulator is a voter or is
qualified to register as a voter of the city, and shall state his or her
residence address at the time of the execution of the declaration end delete .

SEC. 22.  

Section 9237 of the Elections Code is amended to
read:

9237.  

If a petition protesting the adoption of an ordinance, and
circulated by a person who begin delete is a registered voter or who is qualified
to be a registered voter of the city end delete begin insert meets the requirements of Section
102 end insert , is submitted to the elections official of the legislative body
of the city in his or her office during normal office hours, as posted,
within 30 days of the date the adopted ordinance is attested by the
city clerk or secretary to the legislative body, and is signed by not
less than 10 percent of the voters of the city according to the county
elections official’s last official report of registration to the Secretary
of State, or, in a city with 1,000 or less registered voters, is signed
by not less than 25 percent of the voters or 100 voters of the city,
whichever is the lesser, the effective date of the ordinance shall
be suspended and the legislative body shall reconsider the
ordinance.

SEC. 23.  

Section 9238 of the Elections Code is amended to
read:

9238.  

(a) Across the top of each page of the referendum
petition there shall be printed the following:

“Referendum Against an Ordinance Passed by the City Council”

(b) Each section of the referendum petition shall contain (1) the
identifying number or title, and (2) the text of the ordinance or the
portion of the ordinance that is the subject of the referendum.

The petition sections shall be designed in the same form as
specified in Section 9020.

(c) Each section shall have attached thereto the declaration of
the person soliciting the signatures. This declaration shall be
substantially in the same form as set forth in Section 9022 begin delete , except
that the declaration shall declare that the circulator is a voter or is
qualified to register as a voter of the city, and shall state his or her
residence address at the time of the execution of the declaration end delete .

SEC. 24.  

Section 9305 of the Elections Code is amended to
read:

9305.  

After filing a copy of the notice of intention, statement
of the reasons for the proposed petition, written text of the
initiative, and affidavit of publication or posting with the district
elections official pursuant to Section 9304, the petition may be
circulated among the voters of the district for signatures by any
person who begin delete is a voter or who is qualified to register to vote in the
district end delete begin insert meets the requirements of Section 102 end insert . Each section of the
petition shall bear a copy of the notice of intention and statement.

SEC. 25.  

Section 9307 of the Elections Code is amended to
read:

9307.  

Each section of the petition shall have attached thereto
the affidavit of the person soliciting the signatures. This affidavit
shall be substantially in the same form as set forth in Section 9022 begin delete ,
except that the affidavit shall declare that the circulator is a voter
or is qualified to register to vote in the district end delete .

SEC. 26.  

Section 10220 of the Elections Code is amended to
read:

10220.  

Candidates may be nominated for any of the elective
offices of the city in the following manner:

Not earlier than the 113th day nor later than the 88th day before
a municipal election during normal office hours, as posted, the
voters may nominate candidates for election by signing a
nomination paper. Each candidate shall be proposed by not less
than 20 nor more than 30 voters in a city of 1,000 registered voters
or more, and not less than five nor more than 10 voters in a city
of less than 1,000 registered voters, but only one candidate may
be named in any one nomination paper. No voter may sign more
than one nomination paper for the same office, and in the event
the voter does so, that voter’s signature shall count only on the
first nomination paper filed which contains the voter’s signature.
Nomination papers subsequently filed and containing that voter’s
signature shall be considered as though that signature does not
appear thereon. Each seat on the governing body is a separate
office. Any person begin delete registered to vote at the election, and qualified
to vote for the elective office of the city for which the nomination
is made, end delete begin insert who meets the requirements of Section 102 end insert may circulate
a nomination paper. Only one person may circulate each
nomination paper. Where there are full terms and short terms to
be filled, the term shall be specified in the nomination paper.

SEC. 27.  

Section 10226 of the Elections Code is amended to
read:

10226.  

The nomination papers and affidavits shall be
substantially in the following form:

 

“NOMINATION PAPER
We, the undersigned voters of the ____ of ____ here­by nominate ____ for the office of ____ of the city:
Name		Residence

 

 

AFFIDAVIT OF THE CIRCULATOR
State of California County of	⎱ ⎰	ss.
I, ______, solemnly swear (or begin delete affirm) that end delete begin insert affirm) all of the following: end insert begin insert  1. That I am 18 years of age or older. end insert begin insert  2. That I am either a resident of California or I have irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5 of the Elections Code. end insert begin insert  3. That my residence address, including street and number, is     .     [If no street or number exists, a designation of my residence adequate to readily ascertain its location is ______.] end insert begin insert   end insert begin insert 4. end insert begin insert   end insert begin insert That end insert the signatures on this nomination paper were obtained between _____, 2__, and _____, 2__; that I circulated this petition and I saw the signatures on this section of the nomination papers being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be. begin delete  My residence address is ______________. end delete
		(Signature)
I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.  Executed by me at ____, on ____, 2__.

 

 

AFFIDAVIT OF THE NOMINEE
State of California County of	⎱ ⎰	ss.
______ being duly sworn, says that he or she is the above-named nominee for the office of ____, that he or she will accept the office in the event of his or her election, that he or she desires his or her name to appear on the ballot as follows:
		(Print name above),
and that he or she desires the following designation to appear on the ballot under his or her name:
		(Print desired designation above),
and that his or her residence address is    .
		(Print residence address as provided by affiant)
I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct.  Executed by me at ____, on ____, 2___.”

 

SEC. 28.  

Section 11045 of the Elections Code is amended to
read:

11045.  

Only registered voters of the electoral jurisdiction of
the officer sought to be recalled are qualified to begin delete circulate or end delete sign
a recall petition for that officer. begin insert A person who meets the
requirements of Section 102 may circulate the petition. end insert

SEC. 29.  

Section 11046 of the Elections Code is amended to
read:

11046.  

To each section of a petition shall be attached a
declaration, signed by the circulator thereof, that complies with
Section 104 begin delete . The declaration shall include a statement that the
circulator is a registered voter in the jurisdiction of the officer
sought to be recalled end delete .

SEC. 30.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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CORRECTIONS:

Text--Pages 6, 8, 9, 10, 13, 15, 16, 20, and 25.

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