BILL NUMBER: AB 1296	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 9114 of the Elections Code is amended to read:
   9114.  Except as provided in Section 9115, within 30 days from the
date of filing of the petition, excluding Saturdays, Sundays, and
holidays, the elections official shall examine the petition, and from
the records of registration ascertain whether or not the petition is
signed by the requisite number of voters. A certificate showing the
results of this examination shall be attached to the petition.
   In determining the number of valid signatures, the elections
official may use the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
complies with law.
   The elections official shall notify the proponents of the petition
as to the sufficiency or insufficiency of the petition.
   If the petition is found insufficient, no further action shall be
taken. However, the failure to secure sufficient signatures, shall
not preclude the filing of a new petition on the same subject, at a
later date.
   If the petition is found sufficient, the elections official shall
 immediately place the initiative measure that is the subject of
the petition on the election ballot for which it qualifies pursuant
to Section 1405, and  certify the results of the examination to
the board of supervisors at the next regular meeting of the board.
 If more than one election date is   legally available,
the elections official shall place the measure on the ballot for the
earliest legally   possible date unless the board of
supervisors by resolution chooses a different legally possible date
pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The
measure shall not be removed from the ballot on which it has been
placed under the procedures set forth above unless the elections
official is notified in writing that the board of supervisors has
adopted the measure without alteration, or the elections official is
ordered to remove the measure via writ of mandate or injunction
issued by a court of competent jurisdiction. 
  SEC. 2.  Section 9115 of the Elections Code is amended to read:
   9115.  (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 9114 shows that more than 500
signatures have been signed on the petition, the elections official
may use a random sampling technique for verification of signatures.
The random sample of signatures to be verified shall be drawn so that
every signature filed with the elections official shall be given an
equal opportunity to be included in the sample. The random sampling
shall include an examination of at least 500, or 3 percent of the
signatures, whichever is greater.
   (b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
elections official shall, within 60 days from the date of the filing
of the petition, excluding Saturdays, Sundays, and holidays, examine
and verify the signatures filed. If the elections official
determines, prior to completing the examination of each signature
filed, that the petition is signed by the requisite number of
qualified voters to declare the petition sufficient, the elections
official may terminate the verification of the remaining unverified
signatures.
   (c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the elections
official may use the duplicate file of affidavits maintained, or may
check the signatures against facsimiles of voters' signatures,
provided that the method of preparing and displaying the facsimiles
complies with law.
   (d) The elections official shall attach to the petition a
certificate showing the result of this examination and shall notify
the proponents of either the sufficiency or insufficiency of the
petition.
   (e) If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
   (f) If the petition is found to be sufficient, the elections
official shall  immediately place the initiative measure that is
the subject of the petition on the election ballot for which it
qualifies pursuant to Section 1405, and  certify the results of
the examination to the board of supervisors at the next regular
meeting of the board.  If more than one election date is legally
available, the elections official shall place the measure on the
ballot for the earliest legally possible date unless the board of
supervisors by resolution chooses a different legally possible date
pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311. The
measure shall not be removed from the ballot on which it has been
placed under the procedures set forth above unless the elections
official is notified in writing that the board of supervisors has
adopted the measure without alteration, or the elections official is
ordered to remove the measure via writ of mandate or injunction
issued by a court of competent jurisdiction. 
  SEC. 3.  Section 9308 of the Elections Code is amended to read:

   9308.  (a) Except as provided in Section 9309, within 30 days from
the date of filing of the petition, excluding Saturdays, Sundays,
and holidays, the district elections official shall examine the
petition, and from the records of registration ascertain whether the
petition is signed by the requisite number of voters. A certificate
showing the results of this examination shall be attached to the
petition.
   (b) In determining the number of valid signatures, the district
elections official may use the duplicate file of affidavits
maintained, or may check the signatures against facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
   (c) The district elections official shall notify the proponents of
the petition as to the sufficiency or insufficiency of the petition.

   (d) If the petition is found insufficient, no further action shall
be taken. However, the failure to secure sufficient signatures,
shall not preclude the filing of a new petition on the same subject,
at a later date.
   (e) If the petition is found sufficient, the district elections
official shall certify the results of the examination to the
governing board of the district at the next regular meeting of the
board. 
    9308.    Within 30 days from the date of filing of
the petition, excluding Saturdays, Sundays and holidays, the district
elections official shall examine the petition in the same manner as
are county petitions in accordance with Sections 9114 and 9115,
except that for purposes of this section, references to the board of
supervisors shall be treated as references to the legislative body of
the district. 
  SEC. 4.  Section 9309 of the Elections Code is repealed. 
   9309.  (a) Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays, and holidays, if, from the examination
of petitions pursuant to Section 9308, more than 500 signatures have
been signed on the petition, the district elections official may use
a random sampling technique for verification of signatures. The
random sample of signatures to be verified shall be drawn in such a
manner that every signature filed with the elections official shall
be given an equal opportunity to be included in the sample. A random
sampling shall include an examination of at least 500 or 3 percent of
the signatures, whichever is greater.
   (b) If the statistical sampling shows that the number of valid
signatures is within 95 to 110 percent of the number of signatures of
qualified voters needed to declare the petition sufficient, the
district elections official, within 60 days from the date of the
filing of the petition, excluding Saturdays, Sundays, and holidays,
shall examine and verify each signature filed.
   (c) In determining from the records of registration, what number
of valid signatures are signed on the petition, the district
elections official may use the duplicate file of affidavits
maintained, or may check the signatures against facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
   (d) The district elections official shall attach to the petition,
a certificate showing the result of this examination, and shall
notify the proponents of either the sufficiency or insufficiency of
the petition.
   (e) If the petition is found insufficient, no action shall be
taken on the petition. However, the failure to secure sufficient
signatures shall not preclude the filing later of an entirely new
petition to the same effect.
   (f) If the petition is found to be sufficient, the district
elections official shall certify the results of the examination to
the governing board of the district at the next regular meeting of
the board. 
  SEC. 5.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.