Amended in Assembly April 6, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1296

Introduced by Assembly Member Jones

February 27, 2015

An act to amend Sections 9114, 9115, begin insert 9211, end insert and 9308 of, and to repeal Section 9309 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 1296, as amended, 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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 9211 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9211.  

After the petition has been filed, as herein provided, the
elections official shall examine begin insert and act on end insert the petition in the same
manner as are county petitions in accordance with Sections 9114
and 9115, except that for the purposes of this section, references
to the board of supervisors shall be treated as references to the
legislative body of the city.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 9308 of the Elections Code is amended to read:

9308.  

Within 30 days from the date of filing of the petition,
excluding Saturdays, Sundays and holidays, the district elections
official shall examine begin insert and act on end insert 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

Section 9309 of the Elections Code is repealed.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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.