BILL NUMBER: SB 213 INTRODUCED
BILL TEXT
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 who is a voter or who is qualified to
register to vote in this state may shall not
circulate an a state or local
initiative or , referendum , or
recall petition in accordance with this code. A person
who is a voter may circulate a recall petition in accordance with
this code 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 .
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.
(3) That the circulator is 18 years of age or older.
(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.
(c) 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.
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, 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 which shall meet all of
the requirements of Section 104 . 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 ) ss.
County of ______
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 Signature Printed name Residence
___________________________________________________
1. ______________________________________________
2. ______________________________________________
3. ______________________________________________
etc. ______________________________________________
___________________________________________________
CIRCULATOR'S AFFIDAVIT
I, ____________, solemnly swear (or affirm) th a
t ll
of the following:
1. That I am 18 years of age or older.
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.
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
__________________________________________________
____________.)
4. That 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____.
_______
Notary
______
Public
_________
(or other
__________
official)
(SEAL)
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 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 it, which shall meet all
of the requirements of Section 104 . 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 ) ss.
County of ______
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 Signature Printed name Residence
___________________________________________________
1. ______________________________________________
2. ______________________________________________
3. ______________________________________________
etc. ______________________________________________
CIRCULATOR'S AFFIDAVIT
I, ________, solemnly swear (or affirm) all of
the following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number,
is
I, ________ , solemnly swear (or affirm)
that
__________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
I secured signatures in the County of ________
to
_________________________________________.)
4. That I secured signatures in the County of
________ to the nomination paper of the candidate
named in the
named in the signer's statement above as
candidate for
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__ , 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 ____.
_______________________________
Notary Public (or other
(SEAL) 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 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
it, which shall meet all of the requirements of Section 104 .
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 ) ss.
County of ______
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.
________________________________________________
________________________________________
Number Signature Printed name Residence
1. ____________________________________________
2. ____________________________________________
3. ____________________________________________
etc. ___________________________________________
CIRCULATOR'S AFFIDAVIT
I, ______, solemnly swear (or affirm) all of
the following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number,
is
I, ______ , solemnly swear (or affirm)
that
__________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
_______________________________________________.)
4. That I secured signatures in the County of
____ to
____ to the nomination paper of a candidate in
the
the presidential preference primary of the
American
American Independent Party; that all the
signatures on
signatures on this section of the nomination
paper numbered
paper numbered from 1 to ____, inclusive, were
made in my
made in my presence, that the signatures were
obtained
obtained between ____, 20_, and ____, 20_, and
that to
th at to th e 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 ) ss.
County of ___________ )
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 Names or town County
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.
___________________________________________________
________________________________________
Number Signature Printed name Residence
1. _______________________________________________
2. _______________________________________________
3. _______________________________________________
etc. ______________________________________________
CIRCULATOR'S AFFIDAVIT
I, ______, solemnly swear (or affirm) all of
the following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number,
is
I, ______ , solemnly swear (or affirm)
that
__________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
_______________________________________________.)
4. That I secured signatures in the County of
____ to
____ to the nomination paper of the group of
candidates
candidates named in the signer's statement above
as
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 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 it, which shall meet all of the requirements of
Section 104 . 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 ) ss.
County of ________ )
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.
__________________________________________________
__________________________________________________
Residence
street
Signatur Printed address
Number e name /city
___________________________________________________
1. ______________________________________________
2. ______________________________________________
3. ______________________________________________
etc. _____________________________________________
___________________________________________________
CIRCULATOR'S AFFIDAVIT
I, ______,
affirm
all of the following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number,
is
I, ______ , affirm that I am a voter
registered
__________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
as
_______________________________________________.)
affiliated with
4. That 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.
the Peace and Freedom Party in ____ County, that
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 ) ss.
County of ________ )
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:
__________________________________________________
__________________________________________________
Residence
city or
Number Names 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 March
June ,
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.
____________________________________________________
____________________________________________________
Residence
street
Signatur Printed address
Number e name /city
___________________________________________________
1. ______________________________________________
2. ______________________________________________
3. ______________________________________________
etc. _____________________________________________
___________________________________________________
CIRCULATOR'S AFFIDAVIT
I, ______,
affirm
all of the following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number,
is
I, ______ , affirm that I am a voter
registered
__________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
as
_______________________________________________.)
affiliated with
4. That I secured signatures in the County of
____ to the nomination paper of the group of
candidates named in the signer's statement above
the Peace and Freedom Party in ____ County, that
I secured signatures in the County of ____ to
the nomination paper of the group of candidates
named in the signer's statement above as
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 affirm) all of
the following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number,
is
I, ______ , solemnly swear (or affirm)
that
__________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
_______________________________________________.)
4. That 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 were obtained between _____, 20__, and
_____, 20__; that I circulated the petition and
I witnessed the signatures on this section of
section of the nomination paper being written;
and that,
to
and that, to the best of my information and
belief, each
belief, each signature is the genuine signature
of the person
of the person whose name it purports to be.
My voting residence is ______________.
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 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
meet the requirements of Section 102 .
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
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 shall meet the requirements of
Section 102 .
(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 ) ss.
County of ___________ )
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 affirm) all of
the following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number,
is
I, ________ , solemnly swear (or affirm)
that
________________________________________.
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
_______________________________________________.)
4. That I secured signatures in the County of
______ to
______ to the nomination paper of ________ as
candidate
candidate for the office of ______; that the
signatures
signatures were obtained between _______, 20__,
and
and ________, 20__; that I saw all the
signatures on
signatures on this section of the nomination
paper being
paper being signed and that, to the best of my
information
information and belief, each signature is the
genuine
genuine signature of the person whose name
it
it purports to be.
My residence address is _________________________
(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 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
meet the requirements of Section 102 .
SEC. 19. Section 9021 of the Elections Code is amended to read:
9021. (a) A person who is a voter
or who is qualified to register to vote in this state
meets the requirements of Section 102 may circulate an
a statewide 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.
The
(b) The 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 and stating that the
circulator is a voter or is qualified to register to vote in the
state .
(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.
Another declaration thereto may
(c) Another declaration shall not
be required.
Petitions
(d) Petitions so verified shall
be prima facie evidence that the signatures thereon
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
, 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 .
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 is a registered voter or who is
qualified to be a registered voter of the city meets
the requirements of Section 102 , 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
, 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 .
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 is a voter or who is qualified to register to
vote in the district meets the requirements of Section
102 . 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
, except that the affidavit shall declare that the
circulator is a voter or is qualified to register to vote in the
district .
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 registered to vote at
the election, and qualified to vote for the elective office of the
city for which the nomination is made, who meets the
requirements of Section 102 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 ) ss.
County of ________ )
I, ______, solemnly swear (or affirm) all of the
following:
1. That I am 18 years of age or older.
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.
3. That my residence address, including street
and number, is
I, ______, solemnly swear (or affirm)
that
the
_________________________________________________.
signatures on this nomination paper were
(If no street or number exists, a designation of
my residence adequate to readily ascertain its
location
is
________________________________________________.)
4. That the signatures on this nomination paper
were obtained between _____, 2__, and _____, 2__;
that
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.
My residence address is ______________.
__________________________
(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 ) ss.
County of ________ )
______ 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 circulate
or sign a recall petition for that officer. A person
who meets the requirements of Section 102 may circulate the petition.
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 . The declaration shall include a statement that
the circulator is a registered voter in the jurisdiction of the
officer sought to be recalled .
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.
____ CORRECTIONS
Text--Pages 6, 8, 9, 10, 13, 15, 16, 20, and 25.
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