Amended in Senate May 28, 2013

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 11046begin delete of, and to add Section 102.5 to,end deletebegin insert ofend insert the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

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

begin delete(1)end deletebegin deleteend deleteExisting 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 wouldbegin delete 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.end deletebegin insert remove this prohibition.end insert The bill would make conforming changes to various provisions of existing law.

begin delete

(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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteyes end deletebegin insertnoend insert. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

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 person shall not circulate a state or local initiative,
4referendum, or recall petition or nominating paper unless the person
5is 18 years of age orbegin delete older and either a resident of the state or a
6nonresident who has met the requirements of Section 102.5.end delete
begin insert oend insertbegin insertlder.end insert

begin delete7

SEC. 2.  

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

8

102.5.  

(a) Before circulating a state or local initiative,
9referendum, or recall petition or nominating paper, a person who
10does not reside in this state shall file with the Secretary of State
11an irrevocable consent that suits and actions arising out of or in
12connection with the petition or nominating paper may be
13commenced against him or her in any court of competent
14jurisdiction in this state by the service on the Secretary of State of
15any summons, process, or pleadings authorized by the laws of the
16state. This consent shall stipulate that the service of summons,
17process, or pleadings on the Secretary of State shall be taken and
18held in all courts to be as valid and binding as if due service had
19been made upon the circulator personally in the state.

20(b) If the Secretary of State is served with a summons, process,
21or pleadings pursuant to subdivision (a), the Secretary of State
22shall immediately cause a copy of the documents served to be
23forwarded by certified mail addressed to the circulator at the
24circulator’s last known address. Notwithstanding any other
25provision of law, the circulator shall have not less than 40 days
26from the date of the mailing by the Secretary of State to answer
27the summons, process, or pleadings.

28(c) This section does not limit the right of a person to serve any
29summons, process, or pleadings upon the circulator in another
30manner permitted by law.

end delete
P3    1

begin deleteSEC. 3.end delete
2begin insertSEC. 2.end insert  

Section 104 of the Elections Code is amended to read:

3

104.  

(a) Wherever any petition or paper is submitted to the
4elections official, each section of the petition or paper shall have
5attached to it a declaration signed by the circulator of the petition
6or paper, setting forth, in the circulator’s own hand, the following:

7(1) The printed name of the circulator.

8(2) The residence address of the circulator, giving street and
9number, or if no street or number exists, adequate designation of
10residence so that the location may be readily ascertained.

11(3) The dates between which all the signatures to the petition
12or paper were obtained.

13(b) Each declaration submitted pursuant to this section shall
14also set forth the following:

15(1) That the circulator circulated that section and witnessed the
16appended signatures being written.

17(2) That according to the best information and belief of the
18circulator, each signature is the genuine signature of the person
19whose name it purports to be.

20(3) That the circulator is 18 years of age or older.

begin delete

21(4) If the circulator is not a resident of the state, that the
22circulator has irrevocably consented to suits, actions, and service
23of process in the state pursuant to Section 102.5.

end delete

24(c) The circulator shall certify the content of the declaration as
25to its truth and correctness, under penalty of perjury under the laws
26of the State of California, with the signature of his or her name.
27The circulator shall state the date and the place of execution on
28the declaration immediately preceding his or her signature.

29

begin deleteSEC. 4.end delete
30begin insertSEC. 3.end insert  

Section 6106 of the Elections Code is amended to read:

31

6106.  

Each section shall be prepared with the lines for
32signatures numbered, and shall have attached the affidavit of the
33circulator who obtained signatures to it, which shall meet all of
34the requirements of Section 104. No other affidavit is required.
35The affidavit of any circulator shall be verified free of charge by
36any officer authorized to administer oaths.

37

begin deleteSEC. 5.end delete
38begin insertSEC. 4.end insert  

Section 6108 of the Elections Code is amended to read:

39

6108.  

The nomination paper for the presidential primary ballot
40shall be in substantially the following form:


P4   31

 

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   22

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ____________, solemnly swear (or affirm) all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______________________________________________________________.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert 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____.

  (SEAL)

   

Notary Public (or other official)

 

23

begin deleteSEC. 6.end delete
24begin insertSEC. 5.end insert  

Section 6363 of the Elections Code is amended to read:

25

6363.  

Each section shall be prepared with the lines for
26signatures numbered, and shall have attached the affidavit of the
27circulator who obtained signatures to it, which shall meet all of
28the requirements of Section 104. No other affidavit is required.
29The affidavit of any circulator shall be verified free of charge by
30any officer authorized to administer oaths.

31

begin deleteSEC. 7.end delete
32begin insertSEC. 6.end insert  

Section 6365 of the Elections Code is amended to read:

33

6365.  

The nomination paper for a candidate shall be in
34substantially the following form:


35

 

SECTION OF NOMINATION PAPER SIGNED BY VOTER ON
BEHALF OF CANDIDATE

 

Section ____________ Page ____________

 

County of __________. Nomination paper for ____________ as presidential nominee of the Republican Party.

 

State of California

County of    


ss.

 

SIGNER’S STATEMENT

 

 I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the Republican Party. I have not signed the nomination paper of any other candidates for the same office, and further declare that I intend to support the nomination of the candidate named herein at the Republican Party presidential primary to be held on the ____________ day of ____________, 20____.

 

   

   

Number   SignaturePrinted nameResidence 

   

1.    

2.    

3.    

etc.   

 

CIRCULATOR’S AFFIDAVIT

 

 I, ________, solemnly swear (or affirm) all of the following:

 1. That I am 18 years of age or older.

begin delete

 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.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert That 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__, 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   18

begin deleteSEC. 8.end delete
19begin insertSEC. 7.end insert  

Section 6584 of the Elections Code is amended to read:

20

6584.  

Each section shall be prepared with the lines for
21signatures numbered, and shall have attached the affidavit of the
22circulator who obtained signatures to it, which shall meet all of
23the requirements of Section 104. No other affidavit is required.

24

begin deleteSEC. 9.end delete
25begin insertSEC. 8.end insert  

Section 6586 of the Elections Code is amended to read:

26

6586.  

The nomination paper for a candidate for the presidential
27preference portion of the ballot shall be in substantially the
28following form:


29

 

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   1321P8   10

 

 

   

   

NumberSignaturePrinted nameResidence 

1.   

2.   

3.   

etc.   

P8   10

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ______, solemnly swear (or affirm) all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert That 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   11

begin deleteSEC. 10.end delete
12begin insertSEC. 9.end insert  

Section 6587 of the Elections Code is amended to read:

13

6587.  

The nomination paper for a group of candidates for
14delegates, to the national convention shall be in substantially the
15following form:


16

 

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   36P9   20P9   11

 

 

   

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   11

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ______, solemnly swear (or affirm) all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert 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 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  12

begin deleteSEC. 11.end delete
13begin insertSEC. 10.end insert  

Section 6784 of the Elections Code is amended to
14read:

15

6784.  

Each section shall be prepared with the lines, for
16signatures numbered, and shall have attached the declaration of
17the circulator who obtained signatures to it, which shall meet all
18of the requirements of Section 104. No other declaration is required
19to be made.

20

begin deleteSEC. 12.end delete
21begin insertSEC. 11.end insert  

Section 6786 of the Elections Code is amended to
22read:

23

6786.  

The nomination paper for a candidate for the presidential
24preference portion of the ballot shall be in substantially the
25following form:


26

 

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  1222P12  15

 

 

Number

Signature

Printed
name

Residence
street address
/city

   

1.   

2.   

3.   

etc.   

   

P12  15

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ______, affirm all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert 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)   

 

P13  16

begin deleteSEC. 13.end delete
17begin insertSEC. 12.end insert  

Section 6787 of the Elections Code is amended to
18read:

19

6787.  

The nomination paper for a group of candidates for
20delegates to the national convention shall be in substantially the
21following form:


22

 

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   628P14  38P14  32

 

 

Number

Names

Residence
city or
town

County

   

1.   

2.   

3.   

etc.   

   

 

(to the number as may be required) as candidates for delegate to the national convention of the ______ Party, with which the Peace and Freedom Party of California is affiliated on the national level, to be voted for at the presidential primary to be held on the ______ day of 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.

 
 

   

   

P14  38P14  32

 

 

Number

Signature

Printed
name

Residence
street address
/city

   

1.   

2.   

3.   

etc.   

   

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ______, affirm all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert 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 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)   

 

33

begin deleteSEC. 14.end delete
34begin insertSEC. 13.end insert  

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 (or affirm) all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert 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 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.

 

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  16(c) If the nomination paper is for a partisan office, the
17nomination paper shall include a statement indicating the party
18preference of the signer of the nomination paper.

19

begin deleteSEC. 15.end delete
20begin insertSEC. 14.end insert  

Section 8066 of the Elections Code is amended to
21read:

22

8066.  

Circulators shall meet the requirements of Section 102.

23

begin deleteSEC. 16.end delete
24begin insertSEC. 15.end insert  

Section 8106 of the Elections Code is amended to
25read:

26

8106.  

(a) Notwithstanding any other provision of this article,
27a candidate may submit a petition containing signatures of
28registered voters in lieu of a filing fee as follows:

29(1) For the office of California State Assembly, 1,500 signatures.

30(2) For the office of California State Senate and the United
31States House of Representatives, 3,000 signatures.

32(3) For candidates running for statewide office, 10,000
33signatures.

34(4) For all other offices for which a filing fee is required, if the
35number of registered voters in the district in which he or she seeks
36nomination is 2,000 or more, a candidate may submit a petition
37containing four signatures of registered voters for each dollar of
38the filing fee, or 10 percent of the total of registered voters in the
39district in which he or she seeks nomination, whichever is less.

P18   1(5) For all other offices for which a filing fee is required, if the
2number of registered voters in the district in which he or she seeks
3nomination is less than 2,000, a candidate may submit a petition
4containing four signatures of registered voters for each dollar of
5the filing fee, or 20 percent of the total of registered voters in the
6district in which he or she seeks nomination, whichever is less.

7(6) A voter may sign both a candidate’s nomination papers and
8his or her in-lieu-filing-fee petition. However, if signatures
9appearing on the documents are counted towards both the
10nomination paper and the in-lieu-filing-fee petition signature
11 requirements, a person may only sign one of the documents.

12(b) The Secretary of State or an elections official shall furnish
13to each candidate, upon request, and without charge therefor, forms
14for securing signatures. The number of forms which the elections
15official shall furnish a candidate shall be a quantity that provides
16the candidates with spaces for signatures sufficient in number to
17equal the number of signatures that the candidate is required to
18secure pursuant to subdivision (a) if the candidate desires that
19number of forms. However, the elections official, rather than
20provide the candidate with the number of forms set forth in the
21preceding sentence, or upon the request of a candidate, may provide
22the candidate with a master form that may be duplicated by the
23candidate at the candidate’s expense for the purpose of circulating
24additional petitions. The Secretary of State shall provide the master
25form. The elections official may provide candidates a form other
26than the master form provided by the Secretary of State. However,
27that form shall meet all statutory requirements, and the elections
28official shall also make available and accept the master form
29provided by the Secretary of State. All forms shall be made
30available commencing 45 days before the first day for circulating
31nomination papers. However, in cases of vacancies for which a
32special election is authorized or required to be held to fill the
33vacancy, and where the prescribed nomination period would
34commence less than 45 days after the creation of the vacancy, the
35forms shall be made available within five working days after the
36creation of the vacancy. No other form except the form furnished
37by the Secretary of State or the elections official or forms
38duplicated from a master form shall be used to secure signatures.
39Each petition section shall bear an affidavit signed by the circulator,
40in substantially the same form as set forth in Section 8041. The
P19   1substitution of signatures for fees shall be subject to the following
2provisions:

3(1) Any registered voter may sign an in-lieu-filing-fee petition
4for any candidate for whom he or she is eligible to vote.

5(2) If a voter signs more candidates’ petitions than there are
6offices to be filled, the voter’s signatures shall be valid only on
7those petitions which, taken in the order they were filed, do not
8exceed the number of offices to be filled.

9(3) In-lieu-filing-fee petitions shall be filed at least 15 days prior
10to the close of the nomination period. Upon receipt of the minimum
11number of in-lieu-filing-fee signatures required, or a sufficient
12combination of signatures and pro rata filing fee, the elections
13official shall issue nomination papers provisionally. Within 10
14days after receipt of a petition, the elections official shall notify
15the candidate of any deficiency. The candidate shall then, prior to
16the close of the nomination period, either submit a supplemental
17petition, or pay a pro rata portion of the filing fee to cover the
18deficiency.

19(4) If the petition is circulated for an office in more than one
20county, the candidate shall submit the signatures to the elections
21official in the county in which the petition was circulated. The
22elections official shall, at least two days after verifying the
23signatures on the petition, notify the Secretary of State of the total
24 number of valid signatures. If the number of signatures is
25insufficient, the Secretary of State shall notify the candidate and
26the elections officials of the fact. The candidate may submit the
27necessary number of valid signatures at any time prior to the close
28of the period for circulating nomination papers. Each circulator
29 shall meet the requirements of Section 102.

30(5) Each candidate may submit a greater number of signatures
31to allow for subsequent losses due to invalidity of some signatures.
32The elections official shall not be required to determine the validity
33of a greater number of signatures than that required by this section.

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

38(d) All valid signatures obtained pursuant to this section shall
39be counted toward the number of voters required to sign a
40nomination paper in accordance with Section 8061 or 8405.

P20   1

begin deleteSEC. 17.end delete
2begin insertSEC. 16.end insert  

Section 8409 of the Elections Code is amended to
3read:

4

8409.  

Each candidate or group of candidates shall submit a
5nomination paper that shall be substantially in the following form:


6

 

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  2333P20  2225

 

 

Number   Signature

Printed Name

Residence

   

1.    

   

   

2.   

   

   

3.   

   

   

4.   

   

   

5.   

   

   

etc.   

   

   

P20  2225

 

 

CIRCULATOR’S AFFIDAVIT

 

 I, ________, solemnly swear (or affirm) all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert That 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.

 
 

 (Signed) 
      Circulator      

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

 

 

 

   

(SEAL)   

Notary Public (or other official)

 

26

begin deleteSEC. 18.end delete
27begin insertSEC. 17.end insert  

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

29

8451.  

Circulators shall meet the requirements of Section 102.

30

begin deleteSEC. 19.end delete
31begin insertSEC. 18.end insert  

Section 9021 of the Elections Code is amended to
32read:

33

9021.  

(a) A person who meets the requirements of Section
34102 may circulate a statewide initiative or referendum petition
35anywhere within the state. Each section of the petition shall bear
36the name of a county or city and county, and only qualified
37registered voters of that county or city and county may sign that
38section.

39(b) The circulator may sign the section he or she is circulating
40as provided in Section 106.

P22   1

begin deleteSEC. 20.end delete
2begin insertSEC. 19.end insert  

Section 9022 of the Elections Code is amended to
3read:

4

9022.  

(a) Each section shall have attached thereto the
5declaration of the person soliciting the signatures setting forth the
6information required by Section 104.

7(b) The circulator shall certify to the content of the declaration
8as to its truth and correctness, under penalty of perjury under the
9laws of the State of California, with the signature of his or her
10name. The circulator shall state the date and the place of execution
11on the declaration immediately preceding his or her signature.

12(c) Another declaration shall not be required.

13(d) Petitions so verified shall be prima facie evidence that the
14signatures are genuine and that the persons signing are qualified
15voters. Unless and until otherwise proven upon official
16investigation, it shall be presumed that the petition presented
17contains the signatures of the requisite number of qualified voters.

18

begin deleteSEC. 21.end delete
19begin insertSEC. 20.end insert  

Section 9209 of the Elections Code is amended to
20read:

21

9209.  

Each section shall have attached thereto the declaration
22of the person soliciting the signatures. This declaration shall be
23substantially in the same form as set forth in Section 9022.

24

begin deleteSEC. 22.end delete
25begin insertSEC. 21.end insert  

Section 9237 of the Elections Code is amended to
26read:

27

9237.  

If a petition protesting the adoption of an ordinance, and
28circulated by a person who meets the requirements of Section 102,
29is submitted to the elections official of the legislative body of the
30city in his or her office during normal office hours, as posted,
31within 30 days of the date the adopted ordinance is attested by the
32city clerk or secretary to the legislative body, and is signed by not
33less than 10 percent of the voters of the city according to the county
34elections official’s last official report of registration to the Secretary
35of State, or, in a city with 1,000 or less registered voters, is signed
36by not less than 25 percent of the voters or 100 voters of the city,
37whichever is the lesser, the effective date of the ordinance shall
38be suspended and the legislative body shall reconsider the
39ordinance.

P23   1

begin deleteSEC. 23.end delete
2begin insertSEC. 22.end insert  

Section 9238 of the Elections Code is amended to
3read:

4

9238.  

(a) Across the top of each page of the referendum
5petition there shall be printed the following:

67“Referendum Against an Ordinance Passed by the City Council”
8

9(b) Each section of the referendum petition shall contain (1) the
10identifying number or title, and (2) the text of the ordinance or the
11portion of the ordinance that is the subject of the referendum.

12The petition sections shall be designed in the same form as
13specified in Section 9020.

14(c) Each section shall have attached thereto the declaration of
15the person soliciting the signatures. This declaration shall be
16 substantially in the same form as set forth in Section 9022.

17

begin deleteSEC. 24.end delete
18begin insertSEC. 23.end insert  

Section 9305 of the Elections Code is amended to
19read:

20

9305.  

After filing a copy of the notice of intention, statement
21of the reasons for the proposed petition, written text of the
22initiative, and affidavit of publication or posting with the district
23elections official pursuant to Section 9304, the petition may be
24circulated among the voters of the district for signatures by any
25person who meets the requirements of Section 102. Each section
26of the petition shall bear a copy of the notice of intention and
27statement.

28

begin deleteSEC. 25.end delete
29begin insertSEC. 24.end insert  

Section 9307 of the Elections Code is amended to
30read:

31

9307.  

Each section of the petition shall have attached thereto
32the affidavit of the person soliciting the signatures. This affidavit
33shall be substantially in the same form as set forth in Section 9022.

34

begin deleteSEC. 26.end delete
35begin insertSEC. 25.end insert  

Section 10220 of the Elections Code is amended to
36read:

37

10220.  

Candidates may be nominated for any of the elective
38offices of the city in the following manner:

39Not earlier than the 113th day nor later than the 88th day before
40a municipal election during normal office hours, as posted, the
P24   1voters may nominate candidates for election by signing a
2nomination paper. Each candidate shall be proposed by not less
3than 20 nor more than 30 voters in a city of 1,000 registered voters
4or more, and not less than five nor more than 10 voters in a city
5of less than 1,000 registered voters, but only one candidate may
6be named in any one nomination paper. No voter may sign more
7than one nomination paper for the same office, and in the event
8the voter does so, that voter’s signature shall count only on the
9first nomination paper filed which contains the voter’s signature.
10Nomination papers subsequently filed and containing that voter’s
11signature shall be considered as though that signature does not
12appear thereon. Each seat on the governing body is a separate
13office. Any person who meets the requirements of Section 102
14may circulate a nomination paper. Only one person may circulate
15each nomination paper. Where there are full terms and short terms
16to be filled, the term shall be specified in the nomination paper.

17

begin deleteSEC. 27.end delete
18begin insertSEC. 26.end insert  

Section 10226 of the Elections Code is amended to
19read:

20

10226.  

The nomination papers and affidavits shall be
21
substantially in the following form:
22

 

“NOMINATION PAPER

 

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

 

Name

Residence

   

   

   

   

   

   

P24  32P24  25

 

 

AFFIDAVIT OF THE CIRCULATOR

 

State of California

County of    


ss.

 

 I, ______, solemnly swear (or affirm) all of the following:

 1. That I am 18 years of age or older.

begin delete

 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 delete
begin delete

 3.

end delete

begin insertend insertbegin insert2.end insertThat 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
______.]

begin delete

 4.

end delete

begin insertend insertbegin insert3.end insert That the signatures on this nomination paper were obtained between _____, 2__, and _____, 2__; that I circulated this petition and I saw the signatures on this section of the nomination papers being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be.

   

(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   8

begin deleteSEC. 28.end delete
9begin insertSEC. 27.end insert  

Section 11045 of the Elections Code is amended to
10read:

11

11045.  

Only registered voters of the electoral jurisdiction of
12the officer sought to be recalled are qualified to sign a recall
13petition for that officer. A person who meets the requirements of
14Section 102 may circulate the petition.

15

begin deleteSEC. 29.end delete
16begin insertSEC. 28.end insert  

Section 11046 of the Elections Code is amended to
17read:

18

11046.  

To each section of a petition shall be attached a
19declaration, signed by the circulator thereof, that complies with
20Section 104.

begin delete
21

SEC. 30.  

No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California
29Constitution.

end delete


O

    98