BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 213 (Galgiani) - Petition Circulators
          
          Amended: As Introduced          Policy Vote: E&CA 4-0  Jud 7-0
          Urgency: No                     Mandate: No
          Hearing Date: May 23, 2013      Consultant: Maureen Ortiz
          
          SUSPENSE FILE. AS PROPOSED TO BE AMENDED


          Bill Summary: SB 213 authorizes non-residents of California to  
          circulate state or local ballot measures, recall petitions, or  
          nominating papers for purposes of gathering signatures.

          Fiscal Impact: 

              The Secretary of State anticipates minor, absorbable costs  
              General)

          Background:  Existing law requires a person to be a voter or to  
          be qualified to register to vote in California in order to  
          circulate an initiative, referendum, or recall petitions and  
          nominating papers.  Whenever a petition or paper is submitted to  
          the elections official, each section of the petition or paper  
          must have attached to it a declaration signed by the circulator  
          with the following information:  1)  the printed name of the  
          circulator, 2) the resident address of the circulator, and 3)  
          the dates between which all the signatures to the petition were  
          obtained.  Additionally, each declaration must include a  
          provision that the circulator witnessed the signatures being  
          written, and that each signature is genuine to the best of the  
          circulator's knowledge. 

          In 2008, the Ninth Circuit Court of Appeals, in the case of  
          Nader v. Brewer (1998) 531 F.3d 1028, struck down an Arizona  
          statute that, among other things, required circulators of  
          petitions to be residents of Arizona citing First Amendment  
          rights.  Since that decision, several California counties have  
          been sued for this state's residency requirement for petition  
          circulators.

          Proposed Law:  SB 213 conforms California law to comply to the  
          Ninth Circuit Court of Appeals ruling in 2008 in Nader v. Brewer  








          SB 213 (Galgiani)
          Page 1



          which ruled it was unconstitutional for states to prevent  
          non-residents from circulating a state or local ballot, measure,  
          recall petition, or nominating papers for signature.  

          SB 213 will require out-of-state circulators to file an  
          irrevocable consent that suits and actions may be filed against  
          them in California courts by the service on the Secretary of  
          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 valid and binding as if due service  
          had been made upon the circulator personally in the state. The  
          Secretary of State will be required to forward court documents  
          by certified mail addressed to the non-resident circulator at  
          the circulator's last known address.  The circulator will have  
          at least 40 days from the date of the mailing to answer the  
          summons, process, or pleading.  

          Additionally, California courts will be required to hold any  
          service of summons made upon the Secretary of State to be valid  
          and binding, as if due service had been made on the circulator  
          personally in this state.

          Staff Comments:  SB 213 will conform California law to a recent  
          Supreme Court ruling so that non-residents will no longer be  
          barred from circulating election petitions in California  
          provided they comply with the age requirement and consent to  
          suits, actions, and service of processes in California.  This  
          will enable California to enforce its election laws in instances  
          when the circulator lives outside the state.


          AMEND PER AUTHOR:  Author's amendments remove the requirement  
          that out-of-state circulators file an irrevocable consent with  
          the Secretary of State.