BILL NUMBER: AB 1296	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 27, 2015

   An act to amend Sections 9114, 9115,  9211,  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.
   SEC. 3.    Section 9211 of the   Elections
Code   is amended to read: 
   9211.  After the petition has been filed, as herein provided, the
elections official shall examine  and act on  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.
   SEC. 3.   SEC. 4.   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  and act on  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.   SEC. 5.   Section 9309 of the
Elections Code is repealed.
   SEC. 5.   SEC. 6.   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.