California Legislature—2015–16 Regular Session

Assembly BillNo. 1296


Introduced by Assembly Member Jones

February 27, 2015


An act to amend Sections 9114, 9115, and 9308 of, and to repeal Section 9309 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1296, as introduced, Jones. Elections: initiative and referendum measures.

Existing law authorizes any person who meets specified requirements to circulate an initiative petition to be presented to the voters at a municipal, county, or special district election. Existing law requires the elections official to examine the petitions, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters. If the petition is found sufficient, the elections official is required to certify the results of the examination to the appropriate legislative body.

This bill would additionally require the elections official to immediately place the initiative measure on the election ballot for which it qualifies if the official finds the petition to be sufficient. If more than one election date is legally possible, the official would be required to place the measure on the ballot for the earliest legally possible date, unless as specified. The bill would apply this procedure to municipal, county, and district initiative measures, including city and city and county charter proposals, and to municipal referendum measures. The bill also would make a technical change.

By imposing new requirements on local elections officials, the bill would create a state-mandated local program.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 9114 of the Elections Code is amended
2to read:

3

9114.  

Except as provided in Section 9115, within 30 days from
4the date of filing of the petition, excluding Saturdays, Sundays,
5and holidays, the elections official shall examine the petition, and
6from the records of registration ascertain whether or not the petition
7is signed by the requisite number of voters. A certificate showing
8the results of this examination shall be attached to the petition.

9In determining the number of valid signatures, the elections
10official may use the duplicate file of affidavits maintained, or may
11check the signatures against facsimiles of voters’ signatures,
12provided that the method of preparing and displaying the facsimiles
13complies with law.

14The elections official shall notify the proponents of the petition
15as to the sufficiency or insufficiency of the petition.

16If the petition is found insufficient, no further action shall be
17taken. However, the failure to secure sufficient signatures, shall
18not preclude the filing of a new petition on the same subject, at a
19later date.

20If the petition is found sufficient, the elections official shall
21begin insert immediately place the initiative measure that is the subject of the
22petition on the election ballot for which it qualifies pursuant to
23Section 1405, andend insert
certify the results of the examination to the
24board of supervisors at the next regular meeting of the board.begin insert If
25more than one election date is legally available, the elections
26official shall place the measure on the ballot for the earliest legally
27 possible date unless the board of supervisors by resolution chooses
28a different legally possible date pursuant to Section 9116, 9118,
P3    19214, 9215, 9310, or 9311. The measure shall not be removed
2from the ballot on which it has been placed under the procedures
3set forth above unless the elections official is notified in writing
4that the board of supervisors has adopted the measure without
5alteration, or the elections official is ordered to remove the
6measure via writ of mandate or injunction issued by a court of
7competent jurisdiction.end insert

8

SEC. 2.  

Section 9115 of the Elections Code is amended to read:

9

9115.  

(a) Within 30 days from the date of filing of the petition,
10excluding Saturdays, Sundays, and holidays, if, from the
11examination of petitions pursuant to Section 9114 shows that more
12than 500 signatures have been signed on the petition, the elections
13official may use a random sampling technique for verification of
14signatures. The random sample of signatures to be verified shall
15be drawn so that every signature filed with the elections official
16shall be given an equal opportunity to be included in the sample.
17The random sampling shall include an examination of at least 500,
18or 3 percent of the signatures, whichever is greater.

19(b) If the statistical sampling shows that the number of valid
20signatures is within 95 to 110 percent of the number of signatures
21of qualified voters needed to declare the petition sufficient, the
22elections official shall, within 60 days from the date of the filing
23of the petition, excluding Saturdays, Sundays, and holidays,
24examine and verify the signatures filed. If the elections official
25determines, prior to completing the examination of each signature
26filed, that the petition is signed by the requisite number of qualified
27voters to declare the petition sufficient, the elections official may
28terminate the verification of the remaining unverified signatures.

29(c) In determining from the records of registration, what number
30of valid signatures are signed on the petition, the elections official
31may use the duplicate file of affidavits maintained, or may check
32the signatures against facsimiles of voters’ signatures, provided
33that the method of preparing and displaying the facsimiles complies
34with law.

35(d) The elections official shall attach to the petition a certificate
36showing the result of this examination and shall notify the
37proponents of either the sufficiency or insufficiency of the petition.

38(e) If the petition is found insufficient, no action shall be taken
39on the petition. However, the failure to secure sufficient signatures
P4    1shall not preclude the filing later of an entirely new petition to the
2same effect.

3(f) If the petition is found to be sufficient, the elections official
4shallbegin insert immediately place the initiative measure that is the subject
5of the petition on the election ballot for which it qualifies pursuant
6to Section 1405, andend insert
certify the results of the examination to the
7board of supervisors at the next regular meeting of the board.begin insert If
8more than one election date is legally available, the elections
9official shall place the measure on the ballot for the earliest legally
10possible date unless the board of supervisors by resolution chooses
11a different legally possible date pursuant to Section 9116, 9118,
129214, 9215, 9310, or 9311. The measure shall not be removed
13from the ballot on which it has been placed under the procedures
14set forth above unless the elections official is notified in writing
15that the board of supervisors has adopted the measure without
16alteration, or the elections official is ordered to remove the
17measure via writ of mandate or injunction issued by a court of
18competent jurisdiction.end insert

19

SEC. 3.  

Section 9308 of the Elections Code is amended to read:

begin delete
20

9308.  

(a) Except as provided in Section 9309, within 30 days
21from the date of filing of the petition, excluding Saturdays,
22Sundays, and holidays, the district elections official shall examine
23the petition, and from the records of registration ascertain whether
24the petition is signed by the requisite number of voters. A certificate
25showing the results of this examination shall be attached to the
26petition.

27(b) In determining the number of valid signatures, the district
28elections official may use the duplicate file of affidavits maintained,
29or may check the signatures against facsimiles of voters’ signatures,
30provided that the method of preparing and displaying the facsimiles
31complies with law.

32(c) The district elections official shall notify the proponents of
33the petition as to the sufficiency or insufficiency of the petition.

34(d) If the petition is found insufficient, no further action shall
35be taken. However, the failure to secure sufficient signatures, shall
36not preclude the filing of a new petition on the same subject, at a
37later date.

38(e) If the petition is found sufficient, the district elections official
39shall certify the results of the examination to the governing board
40of the district at the next regular meeting of the board.

end delete
P5    1begin insert

begin insert9308.end insert  

end insert
begin insert

Within 30 days from the date of filing of the petition,
2excluding Saturdays, Sundays and holidays, the district elections
3official shall examine the petition in the same manner as are county
4petitions in accordance with Sections 9114 and 9115, except that
5for purposes of this section, references to the board of supervisors
6shall be treated as references to the legislative body of the district.

end insert
7

SEC. 4.  

Section 9309 of the Elections Code is repealed.

begin delete
8

9309.  

(a) Within 30 days from the date of filing of the petition,
9excluding Saturdays, Sundays, and holidays, if, from the
10examination of petitions pursuant to Section 9308, more than 500
11signatures have been signed on the petition, the district elections
12official may use a random sampling technique for verification of
13signatures. The random sample of signatures to be verified shall
14be drawn in such a manner that every signature filed with the
15elections official shall be given an equal opportunity to be included
16in the sample. A random sampling shall include an examination
17of at least 500 or 3 percent of the signatures, whichever is greater.

18(b) If the statistical sampling shows that the number of valid
19signatures is within 95 to 110 percent of the number of signatures
20of qualified voters needed to declare the petition sufficient, the
21district elections official, within 60 days from the date of the filing
22of the petition, excluding Saturdays, Sundays, and holidays, shall
23examine and verify each signature filed.

24(c) In determining from the records of registration, what number
25of valid signatures are signed on the petition, the district elections
26official may use the duplicate file of affidavits maintained, or may
27check the signatures against facsimiles of voters’ signatures,
28provided that the method of preparing and displaying the facsimiles
29complies with law.

30(d) The district elections official shall attach to the petition, a
31certificate showing the result of this examination, and shall notify
32the proponents of either the sufficiency or insufficiency of the
33petition.

34(e) If the petition is found insufficient, no action shall be taken
35on the petition. However, the failure to secure sufficient signatures
36shall not preclude the filing later of an entirely new petition to the
37same effect.

38(f) If the petition is found to be sufficient, the district elections
39official shall certify the results of the examination to the governing
40board of the district at the next regular meeting of the board.

end delete
P6    1

SEC. 5.  

If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



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