Senate BillNo. 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:

P2    1

SECTION 1.  

Section 102 of the Elections Code is amended to
2read:

3

102.  

A personbegin delete who is a voter or who is qualified to register to
4vote in this state mayend delete
begin insert shall notend insert circulatebegin delete anend deletebegin insert a state or localend insert initiative
5begin delete orend deletebegin insert,end insert referendumbegin insert, or recallend insert petitionbegin delete in accordance with this code. A
6person who is a voter may circulate a recall petition in accordance
7with this codeend delete
begin insert or nominating paper unless the person is 18 years
8of age or older and either a resident of the state or a nonresident
9who has met the requirements of Section 102.5end insert
.

10

SEC. 2.  

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

11

102.5.  

(a) Before circulating a state or local initiative,
12referendum, or recall petition or nominating paper, a person who
13does not reside in this state shall file with the Secretary of State
14an irrevocable consent that suits and actions arising out of or in
15connection with the petition or nominating paper may be
16commenced against him or her in any court of competent
17jurisdiction in this state by the service on the Secretary of State of
18any summons, process, or pleadings authorized by the laws of the
19state. This consent shall stipulate that the service of summons,
20process, or pleadings on the Secretary of State shall be taken and
21held in all courts to be as valid and binding as if due service had
22been made upon the circulator personally in the state.

23(b) If the Secretary of State is served with a summons, process,
24or pleadings pursuant to subdivision (a), the Secretary of State
25shall immediately cause a copy of the documents served to be
26forwarded by certified mail addressed to the circulator at the
27circulator’s last known address. Notwithstanding any other
28provision of law, the circulator shall have not less than 40 days
29from the date of the mailing by the Secretary of State to answer
30the summons, process, or pleadings.

31(c) This section does not limit the right of a person to serve any
32summons, process, or pleadings upon the circulator in another
33manner permitted by law.

P3    1

SEC. 3.  

Section 104 of the Elections Code is amended to read:

2

104.  

(a) Wherever any petition or paper is submitted to the
3elections official, each section of the petition or paper shall have
4attached to it a declaration signed by the circulator of the petition
5or paper, setting forth, in the circulator’s own hand, the following:

6(1) The printed name of the circulator.

7(2) The residence address of the circulator, giving street and
8number, or if no street or number exists, adequate designation of
9residence so that the location may be readily ascertained.

10(3) The dates between which all the signatures to the petition
11or paper were obtained.

12(b) Each declaration submitted pursuant to this section shall
13also set forth the following:

14(1) That the circulator circulated that section and witnessed the
15appended signatures being written.

16(2) That according to the best information and belief of the
17circulator, each signature is the genuine signature of the person
18whose name it purports to be.

begin insert

19(3) That the circulator is 18 years of age or older.

end insert
begin insert

20(4) If the circulator is not a resident of the state, that the
21circulator has irrevocably consented to suits, actions, and service
22of process in the state pursuant to Section 102.5.

end insert

23(c) The circulator shall certifybegin delete toend delete the content of the declaration
24as to its truth and correctness, under penalty of perjury under the
25laws of the State of California, with the signature of his or her
26name. The circulator shall state the date and the place of execution
27on the declaration immediately preceding his or her signature.

28

SEC. 4.  

Section 6106 of the Elections Code is amended to read:

29

6106.  

Each section shall be prepared with the lines for
30signatures numbered, and shall have attached the affidavit of the
31circulator who obtained signatures to it,begin delete stating that all the
32signatures to the attached section were made in his or her presence,
33and that to the best of his or her knowledge and belief each
34signature to the section is the genuine signature of the person whose
35name it purports to beend delete
begin insert which shall meet all of the requirements of
36Section 104end insert
. No other affidavit is required. The affidavit of any
37circulator shall be verified free of charge by any officer authorized
38to administer oaths.

39

SEC. 5.  

Section 6108 of the Elections Code is amended to read:

P4    1

6108.  

The nomination paper for the presidential primary ballot
2shall be in substantially the following form:


3

 

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.   

   

P4   34P4   25

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ____________, solemnly swear (orbegin delete affirm) thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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)

 

26

SEC. 6.  

Section 6363 of the Elections Code is amended to read:

27

6363.  

Each section shall be prepared with the lines for
28signatures numbered, and shall have attached the affidavit of the
29circulator who obtained signatures tobegin delete it, stating that all the
30signatures to the attached section were made in his or her presence,
31and that to the best of his or her knowledge and belief each
32signature to the section is the genuine signature of the person whose
33name it purports to beend delete
begin insert it, which shall meet all of the requirements
34of Section 104end insert
. No other affidavit is required. The affidavit of any
35circulator shall be verified free of charge by any officer authorized
36to administer oaths.

37

SEC. 7.  

Section 6365 of the Elections Code is amended to read:

38

6365.  

The nomination paper for a candidate shall be in
39substantially the following form:


P7   13

 

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 (orbegin delete affirm) thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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)

 

P7   21

SEC. 8.  

Section 6584 of the Elections Code is amended to read:

22

6584.  

Each section shall be prepared with the lines for
23signatures numbered, and shall have attached the affidavit of the
24circulator who obtained signatures tobegin delete it, stating, under penalty of
25perjury, that all the signatures to the attached section were made
26in his or her presence, and that to the best of his or her knowledge
27and belief each signature to the section is the genuine signature of
28the person whose name it purports to beend delete
begin insert it, which shall meet all of
29the requirements of Section 104end insert
. No other affidavit is required.

30

SEC. 9.  

Section 6586 of the Elections Code is amended to read:

31

6586.  

The nomination paper for a candidate for the presidential
32preference portion of the ballot shall be in substantially the
33following form:


34

 

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.

P8   1826P8   13

 

 

   

   

NumberSignaturePrinted nameResidence 

1.   

2.   

3.   

etc.   

P8   13

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ______, solemnly swear (orbegin delete affirm) thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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

 

P9   14

SEC. 10.  

Section 6587 of the Elections Code is amended to
15read:

16

6587.  

The nomination paper for a group of candidates for
17delegates, to the national convention shall be in substantially the
18following form:


19

 

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:

P9   39P9   24P9   14

 

 

   

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.   

P9   14

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ______, solemnly swear (orbegin delete affirm) thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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

 

P11  15

SEC. 11.  

Section 6784 of the Elections Code is amended to
16read:

17

6784.  

Each section shall be prepared with the lines, for
18signatures numbered, and shall have attached the declaration of
19the circulator who obtained signatures tobegin delete it, stating, under penalty
20of perjury, that she or he is a voter registered as affiliated with the
21Peace and Freedom Party, that all the signatures to the attached
22section were made in her or his presence, and that to the best of
23her or his knowledge and belief each signature to the section is the
24genuine signature of the person whose name it purports to beend delete
begin insert it,
25which shall meet all of the requirements of Section 104end insert
. No other
26declaration is required to be made.

27

SEC. 12.  

Section 6786 of the Elections Code is amended to
28read:

29

6786.  

The nomination paper for a candidate for the presidential
30preference portion of the ballot shall be in substantially the
31following form:


32

 

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.

   

   

P12  1929P12  20

 

 

Number

Signature

Printed
name

Residence
street address
/city

   

1.   

2.   

3.   

etc.   

   

P12  20

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ______, affirmbegin delete that I am a voter registered as affiliated with end delete
begin deleteend delete
begin deletethe Peace and Freedom Party in ____ County, thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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)   

 

P13  21

SEC. 13.  

Section 6787 of the Elections Code is amended to
22read:

23

6787.  

The nomination paper for a group of candidates for
24delegates to the national convention shall be in substantially the
25following form:


26

 

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:

   

   

P14   830

 

 

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 ofbegin delete Marchend deletebegin insert Juneend 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, ______, affirmbegin delete that I am a voter registered as affiliated with end delete
begin deleteend delete
begin deletethe Peace and Freedom Party in ____ County, thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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)   

 

P15  34

SEC. 14.  

Section 8041 of the Elections Code is amended to
35read:

36

8041.  

(a) The nomination paper shall be in substantially the
37following form:


38

 

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   

P16  1315

 

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

 

AFFIDAVIT OF THE CIRCULATOR

 

 I, ______, solemnly swear (orbegin delete affirm) thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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.

 

P17  14(c) If the nomination paper is for a partisan office, the
15nomination paper shall include a statement indicating the party
16preference of the signer of the nomination paper.

17

SEC. 15.  

Section 8066 of the Elections Code is amended to
18read:

19

8066.  

Circulators shallbegin delete be voters in the district or political
20subdivision in which the candidate is to be voted on and shall serve
21only in that district or political subdivisionend delete
begin insert meet the requirements
22of Section 102end insert
.

23

SEC. 16.  

Section 8106 of the Elections Code is amended to
24read:

25

8106.  

(a) Notwithstanding any other provision of this article,
26a candidate may submit a petition containing signatures of
27registered voters in lieu of a filing fee as follows:

28(1) For the office of California State Assembly, 1,500 signatures.

29(2) For the office of California State Senate and the United
30States House of Representatives, 3,000 signatures.

31(3) For candidates running for statewide office, 10,000
32signatures.

33(4) For all other offices for which a filing fee is required, if the
34number of registered voters in the district in which he or she seeks
35nomination is 2,000 or more, a candidate may submit a petition
36containing four signatures of registered voters for each dollar of
37the filing fee, or 10 percent of the total of registered voters in the
38district in which he or she seeks nomination, whichever is less.

39(5) For all other offices for which a filing fee is required, if the
40number of registered voters in the district in which he or she seeks
P18   1nomination is less than 2,000, a candidate may submit a petition
2containing four signatures of registered voters for each dollar of
3the filing fee, or 20 percent of the total of registered voters in the
4district in which he or she seeks nomination, whichever is less.

5(6) A voter may sign both a candidate’s nomination papers and
6his or her in-lieu-filing-fee petition. However, if signatures
7appearing on the documents are counted towards both the
8nomination paper and the in-lieu-filing-fee petition signature
9 requirements, a person may only sign one of the documents.

10(b) The Secretary of State or an elections official shall furnish
11to each candidate, upon request, and without charge therefor, forms
12for securing signatures. The number of forms which the elections
13official shall furnish a candidate shall be a quantity that provides
14the candidates with spaces for signatures sufficient in number to
15equal the number of signatures that the candidate is required to
16secure pursuant to subdivision (a) if the candidate desires that
17number of forms. However, the elections official, rather than
18provide the candidate with the number of forms set forth in the
19preceding sentence, or upon the request of a candidate, may provide
20the candidate with a master form that may be duplicated by the
21candidate at the candidate’s expense for the purpose of circulating
22additional petitions. The Secretary of State shall provide the master
23form. The elections official may provide candidates a form other
24than the master form provided by the Secretary of State. However,
25that form shall meet all statutory requirements, and the elections
26official shall also make available and accept the master form
27provided by the Secretary of State. All forms shall be made
28available commencing 45 days before the first day for circulating
29nomination papers. However, in cases of vacancies for which a
30special election is authorized or required to be held to fill the
31vacancy, and where the prescribed nomination period would
32commence less than 45 days after the creation of the vacancy, the
33forms shall be made available within five working days after the
34creation of the vacancy. No other form except the form furnished
35by the Secretary of State or the elections official or forms
36duplicated from a master form shall be used to secure signatures.
37Each petition section shall bear an affidavit signed by the circulator,
38in substantially the same form as set forth in Section 8041. The
39substitution of signatures for fees shall be subject to the following
40provisions:

P19   1(1) Any registered voter may sign an in-lieu-filing-fee petition
2for any candidate for whom he or she is eligible to vote.

3(2) If a voter signs more candidates’ petitions than there are
4offices to be filled, the voter’s signatures shall be valid only on
5those petitions which, taken in the order they were filed, do not
6exceed the number of offices to be filled.

7(3) In-lieu-filing-fee petitions shall be filed at least 15 days prior
8to the close of the nomination period. Upon receipt of the minimum
9number of in-lieu-filing-fee signatures required, or a sufficient
10combination of signatures and pro rata filing fee, the elections
11official shall issue nomination papers provisionally. Within 10
12days after receipt of a petition, the elections official shall notify
13the candidate of any deficiency. The candidate shall then, prior to
14the close of the nomination period, either submit a supplemental
15petition, or pay a pro rata portion of the filing fee to cover the
16deficiency.

17(4) If the petition is circulated for an office in more than one
18county, the candidate shall submit the signatures to the elections
19official in the county in which the petition was circulated. The
20elections official shall, at least two days after verifying the
21signatures on the petition, notify the Secretary of State of the total
22number of valid signatures. If the number of signatures is
23insufficient, the Secretary of State shall notify the candidate and
24the elections officials of the fact. The candidate may submit the
25necessary number of valid signatures at any time prior to the close
26of the period for circulating nomination papers. Each circulatorbegin delete of
27an in-lieu-filing-fee petition shall be a registered voter of the district
28or political subdivision in which the candidate is to be voted on.
29The circulator shall serve within the county in which he or she
30residesend delete
begin insert shall meet the requirements of Section 102end insert.

31(5) Each candidate may submit a greater number of signatures
32to allow for subsequent losses due to invalidity of some signatures.
33The elections official shall not be required to determine the validity
34of a greater number of signatures than that required by this section.

35(c) For the purposes of this section, the requisite number of
36signatures shall be computed from the latest registration figures
37forwarded to the Secretary of State pursuant to Section 2187 prior
38to the first day on which petitions are available.

P20   1(d) All valid signatures obtained pursuant to this section shall
2be counted toward the number of voters required to sign a
3nomination paper in accordance with Section 8061 or 8405.

4

SEC. 17.  

Section 8409 of the Elections Code is amended to
5read:

6

8409.  

Each candidate or group of candidates shall submit a
7nomination paper that shall be substantially in the following form:


8

 

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.

   

   

P20  2535P20  2326

 

 

Number   Signature

Printed Name

Residence

   

1.    

   

   

2.   

   

   

3.   

   

   

4.   

   

   

5.   

   

   

etc.   

   

   

P20  2326

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ________, solemnly swear (orbegin delete affirm) thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThatend 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)

 

27

SEC. 18.  

Section 8451 of the Elections Code is amended to
28read:

29

8451.  

Circulators shallbegin delete be voters in the district or political
30subdivision in which the candidate is to be voted on and shall serve
31only in that district or political subdivisionend delete
begin insert meet the requirements
32of Section 102end insert
.

33

SEC. 19.  

Section 9021 of the Elections Code is amended to
34read:

35

9021.  

begin insert(a)end insertbegin insertend insert A person whobegin delete is a voter or who is qualified to
36register to vote in this stateend delete
begin insert meets the requirements of Section 102end insert
37 may circulatebegin delete anend deletebegin insert a statewideend insert initiative or referendum petition
38anywhere within the state. Each section of the petition shall bear
39the name of a county or city and county, and only qualified
P22   1registered voters of that county or city and county may sign that
2section.

begin delete

3The

end delete

4begin insert(b)end insertbegin insertend insertbegin insertThe end insertcirculator may sign the section he or she is circulating
5as provided in Section 106.

6

SEC. 20.  

Section 9022 of the Elections Code is amended to
7read:

8

9022.  

(a) Each section shall have attached thereto the
9declaration of the person soliciting the signatures setting forth the
10information required by Section 104begin delete and stating that the circulator
11is a voter or is qualified to register to vote in the stateend delete
.

12(b) The circulator shall certify to the content of the declaration
13as to its truth and correctness, under penalty of perjury under the
14laws of the State of California, with the signature of his or her
15name. The circulator shall state the date and the place of execution
16on the declaration immediately preceding his or her signature.

begin delete

17Another declaration thereto may

end delete

18begin insert(c)end insertbegin insertend insertbegin insertAnother declaration shallend insert not be required.

begin delete

19Petitions

end delete

20begin insert(d)end insertbegin insertend insertbegin insertPetitionsend insert so verified shall be prima facie evidence that the
21signaturesbegin delete thereonend delete are genuine and that the persons signing are
22qualified voters. Unless and until otherwise proven upon official
23investigation, it shall be presumed that the petition presented
24contains the signatures of the requisite number of qualified voters.

25

SEC. 21.  

Section 9209 of the Elections Code is amended to
26read:

27

9209.  

Each section shall have attached thereto the declaration
28of the person soliciting the signatures. This declaration shall be
29substantially in the same form as set forth in Section 9022begin delete, except
30that the declaration shall declare that the circulator is a voter or is
31qualified to register as a voter of the city, and shall state his or her
32residence address at the time of the execution of the declarationend delete
.

33

SEC. 22.  

Section 9237 of the Elections Code is amended to
34read:

35

9237.  

If a petition protesting the adoption of an ordinance, and
36circulated by a person whobegin delete is a registered voter or who is qualified
37to be a registered voter of the cityend delete
begin insert meets the requirements of Section
38102end insert
, is submitted to the elections official of the legislative body
39of the city in his or her office during normal office hours, as posted,
40within 30 days of the date the adopted ordinance is attested by the
P23   1city clerk or secretary to the legislative body, and is signed by not
2less than 10 percent of the voters of the city according to the county
3elections official’s last official report of registration to the Secretary
4of State, or, in a city with 1,000 or less registered voters, is signed
5by not less than 25 percent of the voters or 100 voters of the city,
6whichever is the lesser, the effective date of the ordinance shall
7be suspended and the legislative body shall reconsider the
8ordinance.

9

SEC. 23.  

Section 9238 of the Elections Code is amended to
10read:

11

9238.  

(a) Across the top of each page of the referendum
12petition there shall be printed the following:

1314“Referendum Against an Ordinance Passed by the City Council”
15

16(b) Each section of the referendum petition shall contain (1) the
17identifying number or title, and (2) the text of the ordinance or the
18portion of the ordinance that is the subject of the referendum.

19The petition sections shall be designed in the same form as
20specified in Section 9020.

21(c) Each section shall have attached thereto the declaration of
22the person soliciting the signatures. This declaration shall be
23 substantially in the same form as set forth in Section 9022begin delete, except
24that the declaration shall declare that the circulator is a voter or is
25qualified to register as a voter of the city, and shall state his or her
26residence address at the time of the execution of the declarationend delete
.

27

SEC. 24.  

Section 9305 of the Elections Code is amended to
28read:

29

9305.  

After filing a copy of the notice of intention, statement
30of the reasons for the proposed petition, written text of the
31initiative, and affidavit of publication or posting with the district
32elections official pursuant to Section 9304, the petition may be
33circulated among the voters of the district for signatures by any
34person whobegin delete is a voter or who is qualified to register to vote in the
35districtend delete
begin insert meets the requirements of Section 102end insert. Each section of the
36petition shall bear a copy of the notice of intention and statement.

37

SEC. 25.  

Section 9307 of the Elections Code is amended to
38read:

39

9307.  

Each section of the petition shall have attached thereto
40the affidavit of the person soliciting the signatures. This affidavit
P24   1shall be substantially in the same form as set forth in Section 9022begin delete,
2except that the affidavit shall declare that the circulator is a voter
3or is qualified to register to vote in the districtend delete
.

4

SEC. 26.  

Section 10220 of the Elections Code is amended to
5read:

6

10220.  

Candidates may be nominated for any of the elective
7offices of the city in the following manner:

8Not earlier than the 113th day nor later than the 88th day before
9a municipal election during normal office hours, as posted, the
10voters may nominate candidates for election by signing a
11nomination paper. Each candidate shall be proposed by not less
12than 20 nor more than 30 voters in a city of 1,000 registered voters
13or more, and not less than five nor more than 10 voters in a city
14of less than 1,000 registered voters, but only one candidate may
15be named in any one nomination paper. No voter may sign more
16than one nomination paper for the same office, and in the event
17the voter does so, that voter’s signature shall count only on the
18first nomination paper filed which contains the voter’s signature.
19Nomination papers subsequently filed and containing that voter’s
20signature shall be considered as though that signature does not
21appear thereon. Each seat on the governing body is a separate
22office. Any personbegin delete registered to vote at the election, and qualified
23to vote for the elective office of the city for which the nomination
24is made,end delete
begin insert who meets the requirements of Section 102end insert may circulate
25a nomination paper. Only one person may circulate each
26nomination paper. Where there are full terms and short terms to
27be filled, the term shall be specified in the nomination paper.

28

SEC. 27.  

Section 10226 of the Elections Code is amended to
29read:

30

10226.  

The nomination papers and affidavits shall be
31
substantially in the following form:
32

 

“NOMINATION PAPER

 

 We, the undersigned voters of the ____ of ____ here­by nominate ____ for the office of ____ of the city:

 

Name

Residence

   

   

   

   

   

   

P25   233

 

 

AFFIDAVIT OF THE CIRCULATOR

 

State of California

County of    


ss.

 

 I, ______, solemnly swear (orbegin delete affirm) thatend deletebegin 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 insertend insertbegin insert4.end insertbegin insertend insertbegin insertThat end insertthe 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___.”

 

P26  16

SEC. 28.  

Section 11045 of the Elections Code is amended to
17read:

18

11045.  

Only registered voters of the electoral jurisdiction of
19the officer sought to be recalled are qualified tobegin delete circulate orend delete sign
20a recall petition for that officer.begin insert A person who meets the
21requirements of Section 102 may circulate the petition.end insert

22

SEC. 29.  

Section 11046 of the Elections Code is amended to
23read:

24

11046.  

To each section of a petition shall be attached a
25declaration, signed by the circulator thereof, that complies with
26Section 104begin delete. The declaration shall include a statement that the
27circulator is a registered voter in the jurisdiction of the officer
28sought to be recalledend delete
.

29

SEC. 30.  

No reimbursement is required by this act pursuant to
30Section 6 of Article XIII B of the California Constitution because
31the only costs that may be incurred by a local agency or school
32district will be incurred because this act creates a new crime or
33infraction, eliminates a crime or infraction, or changes the penalty
34for a crime or infraction, within the meaning of Section 17556 of
35the Government Code, or changes the definition of a crime within
36the meaning of Section 6 of Article XIII B of the California
37Constitution.


CORRECTIONS:

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




O

Corrected 2-13-13—See last page.     99