AB 2045, as introduced, Harper. Initiative petitions.
The California Constitution authorizes an initiative measure to be proposed by presenting to the Secretary of State a petition of the proposed statute or constitutional amendment that is certified to have been signed by a certain percentage of electors. Existing law requires each section of a petition to be filed with the elections official of the county or city and county in which the petition was circulated and requires the elections officials to determine the total number of signatures affixed to the petition and transmit that information to the Secretary of State.
This bill would make technical, nonsubstantive changes to the latter provision.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 9030 of the Elections Code, as amended
2by Section 9 of Chapter 697 of the Statutes of 2014, is amended
3to read:
(a) Each section of the petition shall be filed with the
2elections official of the county or city and county in which it was
3circulated, but all sections circulated inbegin delete anyend deletebegin insert aend insert county or city and
4county shall be filed at the same time. Once filed,begin delete noend deletebegin insert aend insert petition
5section shallbegin insert notend insert be amended except by order of a court of
6competent jurisdiction.
7(b) Within eight days after the filing of the petition, excluding
8Saturdays, Sundays, and holidays, the elections official shall
9determine the total number of signatures affixed to the petition
10and shall transmit this information to the Secretary of State. If the
11total number of signatures filed with all elections officials is less
12than 100 percent of the number of qualified voters required to find
13the petition sufficient, the Secretary of State shall so notify the
14proponents and the elections officials, and no further action shall
15be taken with regard to the petition.
16(c) If the number of signatures filed with all elections officials
17is 100 percent or more of the number of qualified voters needed
18to declare the petition sufficient, the Secretary of State shall
19immediately so notify the elections officials.
20(d) Within
30 days afterbegin delete this notification,end deletebegin insert
a notification under
21subdivision (c),end insert excluding Saturdays, Sundays, and holidays, the
22elections official shall determine the number of qualified voters
23who have signed the petition. If more than 500 names have been
24signed on sections of the petition filed with an elections official,
25the elections official shall use a random sampling technique for
26verification of signatures, as determined by the Secretary of State.
27The random sample of signatures to be verified shall be drawn in
28such a manner that every signature filed with the elections official
29shall be given an equal opportunity to be included in the sample.
30The random sampling shall include an examination of at least 500
31or 3 percent of the signatures, whichever is greater. In determining
32from the records of registration what number of qualified voters
33have signed the petition, the elections official may use the duplicate
34file of affidavits of registered voters or the facsimiles of voters’
35signatures,begin delete provided thatend deletebegin insert
ifend insert the method of preparing and displaying
36the facsimiles complies with law.
37(e) The elections official, uponbegin delete the completion ofend deletebegin insert completingend insert
38 the examination, shall immediately attach to the petition, except
39the signaturesbegin delete thereto appended,end deletebegin insert appended to the petition,end insert a
40properly dated certificate, showing the result of the examination,
P3 1and shall immediately transmit the petition and the certificate to
2the Secretary of State. A copy ofbegin delete thisend deletebegin insert
theend insert
certificate shall be filed
3in the elections official’s office.
4(f) If the certificates received from all elections officials by the
5Secretary of State establish that the number of valid signatures
6does not equal 95 percent of the number of qualified voters needed
7to find the petition sufficient, the petition shall be deemed to have
8failed to qualify, and the Secretary of State shall immediately so
9notify the proponents and the elections officials.
10(g) If the certificates received from all elections officials by the
11Secretary of State total more than 110 percent of the number of
12qualified voters needed to find the petition sufficient, the Secretary
13of State shall certify that the measure is qualified for the ballot as
14provided in Section 9033.
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