BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Lou Correa, Chair
BILL NO: SB 213 HEARING DATE:3/19/13
AUTHOR: GALGIANI ANALYSIS BY: Frances Tibon
Estoista
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Election petitions: circulators
DESCRIPTION
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 authorizes a person to circulate a state or local
initiative, referendum, recall petition or nominating paper
if the person is at least 18 years of age or older and is
either a resident of the state or nonresident who has filed
with the Secretary of State (SOS) an irrevocable consent
that suits and actions arising out of, or in connection
with the petition or nominating paper may be brought
against him or her in any court of competent jurisdiction
in this state by the service on the SOS of any summons,
process, or pleadings authorized by California law.
Existing law requires that wherever a 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:
The printed name of the circulator.
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.
The dates between which all the signatures to the
petition or paper were obtained.
Each declaration submitted shall also set forth the
following:
That the circulator circulated that section and
witnessed the appended signatures being written.
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.
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.
This bill would add the following requirements to the
declaration signed by the circulator:
That the circulator is 18 years of age or older.
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.
This bill also makes conforming changes to various
provisions of existing law.
BACKGROUND
In 2008, the United States Court of Appeals for the Ninth
Circuit ruled in Nader v. Brewer that it was
unconstitutional for states to prevent non-residents from
circulating papers. In 2009, the U.S. Supreme court
declined to hear the case on appeal, thus the Ninth Circuit
opinion still stands.
In the latter half of 2012, multiple California counties
were sued because their county clerks were allegedly
enforcing state laws that prevent non-Californians from
circulating initiatives and/or nominating papers.
The plaintiff in this case has filed action for declaratory
and injunctive relief based on allegations that Elections
Code �� 102, 104, and 9022 are unconstitutional under the
First and Fourteenth Amendments to the United States
SB 213 (GALGIANI)
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Constitution "to the extent the statutes require those who
circulate nominating petitions on behalf of political
candidates to be qualified to vote in the [S]tate of
California."
The hearing on Plaintiff's motions for judgments on the
pleadings is scheduled to commence on June 3, 2013.
COMMENTS
1. According to the author : Senate Bill 213 amends
California law to comply with a federal court decision.
In Nader v. Brewer , the United States Court of Appeals
for the Ninth Circuit, clarified that under the U.S.
Constitution anyone, regardless of their state of
residence, may circulate a state or local ballot
measure, recall petition, or nominating papers for
signature.
Under this bill, out-of-state circulators would be
required to file an irrevocable consent that suits and
actions may be filed against them in California courts.
The Secretary of State would be required to forward
court documents by certified mail addressed to the
non-resident circulator at the circulator's last known
address.
POSITIONS
Sponsor: Secretary of State
Support: California Association of Clerks and Election
Officials
Rural County Representatives of California
Oppose: None received
SB 213 (GALGIANI)
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