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)                                        
          Page 2









          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)                                        
          Page 3