Amended in Senate April 7, 2016

Senate Bill No. 1094

Introduced by Senator Hernandez

February 17, 2016

An act to amend Sections 101, 9008, 9030, and 9031 of, and to add Sections 9009.5, 9009.6, 9022.5, 9036, and 9037 to, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1094, as amended, Hernandez. Initiatives: petition circulators.

(1) The California Constitution and existing statutory law provide for the electors to propose statutes or amendments to the Constitution by initiative. Existing law authorizes a person who is a voter or who is qualified to register to vote in California to circulate an initiative or referendum petition anywhere within the state. Existing law requires that each section of a petition for an initiative or referendum measure have attached thereto the declaration of the person soliciting the signatures that includes specified information.

This bill would require a person who solicits signatures for a proposed initiative measure and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors to make additional declarations, as specified.

(2) Existing law requires local elections officials to perform various duties with respect to statewide initiative petitions including, within 8 days after the filing of a petition, determining the total number of signatures affixed to the petition. Existing law also requires an elections official, within 30 days of notification from the Secretary of State that a petition has received 100% or more of the signatures needed to declare the petition sufficient, to determine the number of qualified voters who signed the petition. Upon order of the Secretary of State, existing law requires an elections official, within 30 days, to verify each signature on a petition, as specified.

This bill would extend the time a local elections official is required to determine the total number of signatures affixed to a petition to 10 days, and would extend the time a local elections official is required to determine the number of qualified voters who signed the petition to 35 days after receiving notice from the Secretary of State that the petition has received the signatures needed to declare the petition sufficient. The bill also would extend the time that an elections official is required to verify the signatures on a petition to 35 days.

This bill would require at least 15% of the signatures that are required to qualify an initiative measure to be solicited by a person who does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, and would require that the declaration of such a person include additional content, as specified. The bill would require an elections official who determines the total number of signatures affixed to a petition and an elections official or registrar of voters who verifies signatures on petitions to also determine the total number of signatures submitted by persons who do not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, as specified.

The bill would include specified findings and declarations of the Legislature in support of these policies.

(3) Existing law requires that, if the statistical sampling shows that the number of valid signatures on a petition is within 95 to 110% of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of each signature filed, and shall so notify the elections officials.

This bill, with regard to an initiative petition for which the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110% of the number of qualified voters needed to find the petition sufficient, but the number of valid signatures submitted for purposes of the 15% requirement described above is within 95 to 110% of the number of signatures needed to satisfy that requirement, would require the Secretary of State to only order an examination and verification of each signature filed that would satisfy the 15% requirement.

(4) Existing law requires every proposed initiative measure, prior to circulation, to include on the petition, among other things, the circulating title and summary prepared by the Attorney General and a heading for the initiative measure, as specified. Existing law also requires a petition for a proposed initiative or referendum measure to be presented in sections, as specified.

This bill would provide that its provisions do not apply to any initiative petition for which the Attorney General issued a circulating title and summary before January 1, 2017, and would require a petition for a proposed initiative measure to have printed in the one-inch space across the top of the first page of each section of the petition, in 18-point roman boldface type, the circulating title for the measure prepared by the Attorney General. The bill would additionally require a petition for a proposed initiative measure that is circulated by persons who do not receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on white paper in a contrasting color ink. The bill also would require a petition for a proposed initiative measure that is circulated by persons who do receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on paper of a color other than white in a contrasting color ink.

(5) Under existing law, an initiative petition must contain specified language advising the public of its right to ask whether the person circulating the petition is a paid signature gatherer or a volunteer.

This bill would additionally require a statewide initiative, referendum, or recall petition to include a disclosure notifying the public that the petition circulator is receiving money or other valuable consideration for the specific purpose of soliciting signatures of electors, as specified.

(6) Existing law provides that a person who engages in specified conduct in connection with the collection of signatures on any statewide initiative or referendum petition is guilty of a misdemeanor.

This bill would require a statewide initiative or referendum petition section to be deemed invalid, and would prohibit use of the petition section for the purpose of determining whether the initiative or referendum measure qualifies for the ballot, if the signatures are solicited and submitted by a person who engages in fraud, misrepresentation, or any of the specified conduct for which he or she may be found guilty of a misdemeanor. The bill would authorize specified persons to enforce this provision by a civil action upon a showing of clear and convincing evidence.

(7) Because this bill would impose new requirements on local elections officials relative to calculating and verifying signatures on a petition, it would impose 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.

(8) This bill would provide that specified provisions shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).

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.  

(a) The Legislature finds and declares all of the
following:

(1) The power of the initiative is a fundamental right reserved
for the voters of California and must be protected as a means of
governing through direct democracy.

(2) The voters amended the California Constitution to reserve
for themselves the power of the initiative because financially
powerful interests, including railroad companies, exercised a
corrupting influence over state politics.

(3) The purpose of reserving the initiative power was to provide
individuals, communities, and coalitions a means to protect the
general interests of the State of California.

(4) For the past 30 years, a disturbing trend in the state’s political
process has undermined the original intent of the initiative power.

(5) The presence of an initiative measure on the ballot is no
longer necessarily viewed as an expression of a minimum amount
of public support, but, instead, is often viewed as the result of a
special interest willing to pay the necessary amount of money to
qualify an initiative measure for the ballot. As a result, the integrity
of the initiative process is threatened by a crowded ballot with
confusing proposals and the perception of fraud and
misrepresentation in the signature gathering phase.

(6)  begin delete Whereas end delete begin insert Whereas, end insert initiative petitions circulated by volunteer
and grassroots organizations demonstrate significant public support
for a proposed law, well-funded individuals and organizations that
promote narrow interests may rely exclusively on paid circulators
to qualify an initiative measure that does not have broad community
support. In many cases, the individuals and organizations
supporting an initiative petition do not reside in the state and will
not be subject to the laws that they propose.

(7) As has been the case since the initiative power was created,
initiatives that have broad public support continue to qualify for
the ballot through the efforts of volunteers and grassroots
organizations, but the availability of paid circulators has led to an
excess of complex proposals that lack a broad level of public
support. Paid circulators gather as many signatures as possible in
the least amount of time, and may not provide electors with a full
explanation of the true purpose and effect of the proposed initiative
measure. Without a better measure of public support, special
interests may qualify an initiative measure for the ballot regardless
of the actual content of the proposal.

(8) Improving the measure of public support for a proposed
initiative measure will increase the public’s confidence and protect
the integrity of the initiative process. A volunteer and grassroots
effort to qualify an initiative measure for the ballot demonstrates
a significant level of public support.

(9) The Legislature is responsible for providing the manner in
which initiative petitions are circulated, presented, and certified.
Consistent with this constitutional duty, the Legislature must
provide for laws that are consistent with the intent of the voters in
reserving the power of the initiative; protect the integrity of the
initiative process; and prevent the occurrence of fraud and
misrepresentation in the circulation, presentation, and certification
of initiative petitions.

(b) Therefore, it is the intent of the Legislature to do all of the
following:

(1) Preserve and protect the integrity of California’s initiative
process.

(2) Ensure that initiative petitions have sufficient public support
from informed voters to be placed on the ballot.

(3) Protect access to the initiative process and preserve the
constitutional right of voters in California to engage in direct
democracy.

SEC. 2.  

Section 101 of the Elections Code is amended to read:

101.  

Notwithstanding any other provision of law, any local
initiative petition required to be signed by voters shall contain in
12-point type, prior to that portion of the petition for voters’
signatures, printed names, and residence addresses, the following
language:

“NOTICE TO THE PUBLIC

THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE
THE RIGHT TO ASK.”

SEC. 3.  

Section 9008 of the Elections Code is amended to read:

9008.  

Each proposed initiative measure, prior to circulation,
shall have placed across the top of the petition all of the following:

(a) The Attorney General’s unique numeric identifier, in
12-point or larger roman boldface type, placed before the
circulating title and summary upon each page where the circulating
title and summary is to appear.

(b) (1) The circulating title and summary prepared by the
Attorney General, in 12-point or larger roman boldface type, upon
each page of the petition on which signatures are to appear.

(2) The circulating title and summary prepared by the Attorney
General, in 12-point or larger roman boldface type, upon each
section of the petition preceding the text of the measure.

(3) Notwithstanding Section 9013, on the first page of each
section of the petition, the circulating title prepared by the Attorney
General shall be placed in the one-inch space across the top of the
page in 18-point roman boldface type.

(c) The circulating title and summary prepared by the Attorney
General, as required by paragraph (2) of subdivision (b), shall be
preceded by the following statement in 12-point or larger roman
boldface type: “Initiative measure to be submitted directly to the
voters.”

SEC. 4.  

Section 9009.5 is added to the Elections Code, to read:

9009.5.  

(a) A petition for a proposed initiative measure that
is circulated by a person who does not receive money or other
valuable consideration for the purpose of soliciting signatures of
electors, for purposes of Section 9036, shall be printed on white
paper in a contrasting color ink.

(b) A petition for a proposed initiative measure that is circulated
by a person who receives money or other valuable consideration
for the purpose of soliciting signatures of electors shall be printed
on paper of a color other than white in a contrasting color ink.

SEC. 5.  

Section 9009.6 is added to the Elections Code, to read:

9009.6.  

Notwithstanding any other provision of law, a petition
for a proposed initiative measure that is circulated by a person who
receives money or other valuable consideration for the specific
purpose of soliciting signatures of electors, except as provided by
paragraph (1) of subdivision (b) of Section 9036, shall include the
following statement immediately prior to the portion of the petition
for voters’ signatures, printed names, and residence addresses,
printed in 12-point boldface type:

“NOTICE TO THE PUBLIC: THIS PETITION IS BEING
CIRCULATED BY A PERSON PAID TO OBTAIN YOUR
SIGNATURE. YOU ARE ENCOURAGED TO READ THE
CONTENTS OF THIS PETITION BEFORE SIGNING.”

SEC. 6.  

Section 9022.5 is added to the Elections Code, to read:

9022.5.  

In addition to the information required by Sections
104 and 9022, the declaration of a person who solicits signatures
for a proposed initiative measure and does not receive money or
other valuable consideration for the specific purpose of soliciting
signatures of electors pursuant to Section 9036 shall declare all of
the following:

(a) The person does not receive money or other valuable
consideration for soliciting signatures of electors for purposes of
subdivision (a) of Section 9036.

(b) To the best of his or her knowledge, the signatures on the
petition sections circulated by him or her should be counted
towards the requirement set forth in subdivision (a) of Section
9036.

SEC. 7.  

Section 9030 of the Elections Code, as amended by
Section 9 of Chapter 697 of the Statutes of 2014, is amended to
read:

9030.  

(a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all sections circulated in any county or city and
county shall be filed at the same time. Once filed, no petition
section shall be amended except by order of a court of competent
jurisdiction.

(b) Within 10 days after the filing of the petition, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the total number of signatures affixed to the petition
and, in the case of an initiative petition, the total number of
signatures submitted for purposes of subdivision (a) of Section
9036. The elections official shall transmit this information to the
Secretary of State. If the total number of signatures filed with all
elections officials is less than 100 percent of the number of
qualified voters required to find the petition sufficient or, in the
case of an initiative petition, the number of signatures submitted
for purposes of subdivision (a) of Section 9036 is less than the
total number needed to satisfy the requirement of that subdivision,
the Secretary of State shall so notify the proponents and the
elections officials, and no further action shall be taken with regard
to the petition.

(c) If the number of signatures filed with all elections officials
is 100 percent or more of the number of qualified voters needed
to declare the petition sufficient and, in the case of an initiative
petition, the number of signatures submitted for purposes of
subdivision (a) of Section 9036 is equal to or greater than the total
number needed to satisfy the requirement of that subdivision, the
Secretary of State shall immediately so notify the elections
officials.

(d) (1) Within 35 days after this notification, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the number of qualified voters who have signed the
petition and the number of qualified voters who have signed a
section of the petition that satisfies the requirement of subdivision
(a) of Section 9036.

(2) (A) If more than 500 names have been signed on sections
of the petition filed with an elections official, the elections official
shall use a random sampling technique for verification of
signatures, as determined by the Secretary of State. The random
sample of signatures to be verified shall be drawn from all petition
sections in such a manner that every signature filed with the
elections official shall be given an equal opportunity to be included
in the sample.

(B) For initiative petitions, a second random sample of
signatures shall be drawn from all petition sections submitted to
satisfy subdivision (a) of Section 9036 and verified according to
the procedures set forth by the Secretary of State. The verification
of signatures that are submitted for purposes of subdivision (a) of
Section 9036 shall be consistent with subdivision (g) of that
section.

(C) In each case, the random sampling shall include an
examination of at least 500 begin insert signatures end insert or 3 percent of the signatures
on the respective petitions or sections of petitions, whichever is
greater.

(3) In determining from the records of registration the number
of qualified voters who have signed the petition, the elections
official may use the duplicate file of affidavits of registered voters
or the facsimiles of voters’ signatures provided that the method of
preparing and displaying the facsimiles complies with law.

(e) The elections official, upon the completion of the
examination, shall immediately attach to the petition, except the
signatures thereto appended, a properly dated certificate showing
the result of the examination and shall immediately transmit the
petition and the certificate to the Secretary of State. A copy of this
certificate shall be filed in the elections official’s office.

(f) If the certificates received from all elections officials by the
Secretary of State establish that the number of valid signatures
does not equal 95 percent of the number of qualified voters needed
to find the petition sufficient or, in the case of an initiative petition,
that the number of valid signatures submitted for purposes of
subdivision (a) of Section 9036 does not equal 95 percent of the
number of qualified voters needed to satisfy the requirement of
that subdivision, the petition shall be deemed to have failed to
qualify, and the Secretary of State shall immediately so notify the
proponents and the elections officials.

(g) If the certificates received from all elections officials by the
Secretary of State total more than 110 percent of the number of
qualified voters needed to find the petition sufficient and, in the
case of an initiative petition, the number of valid signatures
submitted for purposes of subdivision (a) of Section 9036 total
more than 110 percent of the number of qualified voters needed
to satisfy the requirement of that subdivision, the petition shall be
deemed to qualify as of the date of receipt of certificates by the
Secretary of State showing the petition received more than 110
percent of the qualified voters needed, and the Secretary of State
shall immediately so notify the proponents and the elections
officials.

(h) The Secretary of State shall adopt regulations consistent
with this section. The initial regulations may be adopted as
emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and shall be deemed necessary for the
immediate preservation of the public peace, health, safety, or
general welfare.

SEC. 8.  

Section 9030 of the Elections Code, as amended by
Section 76 of Chapter 728 of the Statutes of 2015, is amended to
read:

9030.  

(a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all sections circulated in any county or city and
county shall be filed at the same time. Once filed, no petition
section shall be amended except by order of a court of competent
jurisdiction.

(b) Within 10 days after the filing of the petition, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the total number of signatures affixed to the petition
and, in the case of an initiative petition, the total number of
signatures submitted for purposes of subdivision (a) of Section
9036. The elections official shall transmit this information to the
Secretary of State. If the total number of signatures filed with all
elections officials is less than 100 percent of the number of
qualified voters required to find the petition sufficient or, in the
case of an initiative petition, the number of signatures submitted
for purposes of subdivision (a) of Section 9036 is less than the
total number needed to satisfy the requirement of that subdivision,
the Secretary of State shall so notify the proponents and the
elections officials, and no further action shall be taken with regard
to the petition.

(c) If the number of signatures filed with all elections officials
is 100 percent or more of the number of qualified voters needed
to declare the petition sufficient and, in the case of an initiative
petition, the number of signatures submitted for purposes of
subdivision (a) of Section 9036 is equal to or greater than the total
number needed to satisfy the requirement of that subdivision, the
Secretary of State shall immediately so notify the elections
officials.

(d) (1) Within 35 days after this notification, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the number of qualified voters who have signed the
petition and the number of qualified voters who have signed a
section of the petition that satisfies the requirement of subdivision
(a) of Section 9036.

(2) (A) If more than 500 names have been signed on sections
of the petition filed with an elections official, the elections official
shall use a random sampling technique for verification of
signatures, as determined by the Secretary of State. The random
sample of signatures to be verified shall be drawn from all petition
sections in such a manner that every signature filed with the
elections official shall be given an equal opportunity to be included
in the sample.

(B) For initiative petitions, a second random sample of
signatures shall be drawn from all petition sections submitted to
satisfy subdivision (a) of Section 9036 and verified according to
the procedures set forth by the Secretary of State. The verification
of signatures that are submitted for purposes of subdivision (a) of
Section 9036 shall be consistent with subdivision (g) of that
section.

(C) In each case, the random sampling shall include an
examination of at least 500 begin insert signatures end insert or 3 percent of the signatures
on the respective petitions or sections of petitions, whichever is
greater.

(3) In determining from the records of registration the number
of qualified voters who have signed the petition, the elections
official may use any facsimiles of voters’ signatures, provided that
the method of preparing and displaying the facsimiles complies
with law.

(e) The elections official, upon the completion of the
examination, shall immediately attach to the petition, except the
signatures thereto appended, a properly dated certificate showing
the result of the examination and shall immediately transmit the
petition and the certificate to the Secretary of State. A copy of this
certificate shall be filed in the elections official’s office.

(f) If the certificates received from all elections officials by the
Secretary of State establish that the number of valid signatures
does not equal 95 percent of the number of qualified voters needed
to find the petition sufficient or, in the case of an initiative petition,
that the number of valid signatures submitted for purposes of
subdivision (a) of Section 9036 does not equal 95 percent of the
number of qualified voters needed to satisfy the requirement of
that subdivision, the petition shall be deemed to have failed to
qualify, and the Secretary of State shall immediately so notify the
proponents and the elections officials.

(g) If the certificates received from all elections officials by the
Secretary of State total more than 110 percent of the number of
qualified voters needed to find the petition sufficient and, in the
case of an initiative petition, the number of valid signatures
submitted for purposes of subdivision (a) of Section 9036 total
more than 110 percent of the number of qualified voters needed
to satisfy the requirement of that subdivision, the petition shall be
deemed to qualify as of the date of receipt of certificates by the
Secretary of State showing the petition received more than 110
percent of the qualified voters needed, and the Secretary of State
shall immediately so notify the proponents and the elections
officials.

(h) The Secretary of State shall adopt regulations consistent
with this section. The initial regulations may be adopted as
emergency regulations in accordance with Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code, and shall be deemed necessary for the
immediate preservation of the public peace, health, safety, or
general welfare.

SEC. 9.  

Section 9031 of the Elections Code is amended to read:

9031.  

(a) (1) If the statistical sampling shows that the number
of valid signatures on all petition sections, including those
submitted to satisfy subdivision (a) of Section 9036, is within 95
to 110 percent of the number of signatures of qualified voters
needed to declare the petition sufficient, the Secretary of State
shall order the examination and verification of each signature filed,
and shall so notify the elections officials.

(2) In the case of an initiative petition, if the statistical sampling
shows that the number of valid signatures for all signatures
submitted is more than 110 percent of the number of qualified
voters needed to find the petition sufficient, but the number of
valid signatures submitted for purposes of subdivision (a) of
Section 9036 is within 95 to 110 percent of the number of
signatures needed to satisfy the requirement of that subdivision,
the Secretary of State shall only order an examination and
verification of each signature filed to satisfy the requirement of
subdivision (a) of Section 9036.

(b) (1) Within 35 days, excluding Saturdays, Sundays, and
holidays, after receipt of the order, the elections official or registrar
of voters shall determine from the records of registration the
number of qualified voters who have signed a section of the petition
that is subject to examination under subdivision (a) and, if
necessary, the board of supervisors shall allow the elections official
or registrar additional assistance for the purpose of examining the
petition and provide for their compensation. In determining from
the records of registration the number of qualified voters who have
signed the petition, the elections official or registrar of voters may
use any file or list of registered voters maintained by his or her
office, or the facsimiles of voters’ signatures, provided that the
method of preparing and displaying the facsimiles complies with
law.

(2) The examination of signatures that are submitted to satisfy
subdivision (a) of Section 9036 shall be made pursuant to
subdivision (g) of that section.

begin insert

(c) (1) During the examination and verification of the signatures
filed, the elections official or registrar of voters shall submit one
or more reports to the Secretary of State showing the number of
signatures of qualified voters that have been verified as of that
date. The Secretary of State shall determine the number of reports
required to be submitted and the manner of their submission.

end insert begin insert

(2) The Secretary of State shall maintain a list indicating the
number of verified signatures of qualified voters who have signed
the petition based on the most recent reports submitted pursuant
to paragraph (1). If the Secretary of State determines, prior to
each county’s completing the examination of each signature filed,
that based on the list the petition is signed by the requisite number
of voters needed to declare the petition sufficient, the Secretary of
State shall immediately notify the elections official or registrar of
voters of every county or city and county in the state of this fact.
Immediately after receipt of this notification, the elections official
or registrar of voters may suspend signature verification until
receipt of a certificate pursuant to Section 9033 or until otherwise
instructed by the Secretary of State.

end insert begin delete

(c)

end delete

begin insert (d) end insert  The elections official or registrar, upon the completion of
the examination, shall immediately attach to the petition, except
the signatures thereto appended, an amended certificate properly
dated, showing the result of the examination and shall immediately
transmit the petition, together with the amended certificate, to the
Secretary of State. A copy of the amended certificate shall be filed
in the elections official’s office.

begin delete

(d)

end delete

begin insert (e) end insert  (1) If the amended certificates establish the petition’s
sufficiency, the petition shall be deemed to be filed as of the date
of receipt of certificates by the Secretary of State showing the
petition to be signed by the requisite number of voters of the state.

(2) If the amended certificates received from all elections
officials by the Secretary of State establish that the petition has
still been found insufficient, the Secretary of State shall
immediately so notify the proponents and the elections officials.

begin delete

(e)

end delete

begin insert (f) end insert  The Secretary of State shall adopt regulations consistent with
this section. The initial regulations may be adopted as emergency
regulations in accordance with Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, and shall be deemed necessary for the immediate
preservation of the public peace, health, safety, or general welfare.

SEC. 10.  

Section 9036 is added to the Elections Code, to read:

9036.  

(a) At least 15 percent of the signatures required under
Section 9035 shall be presented on a petition or section of a petition
that was circulated by a person who does not receive money or
other valuable consideration exclusively or primarily for the
specific purpose of soliciting signatures of electors on the petition.

(b) (1) A person who is an employee or member of a nonprofit
organization, other than an organization with the primary purpose
of soliciting signatures on initiative petitions, who receives money
or other valuable consideration from the organization and as part
of that employment or membership solicits signatures for the
qualification of an initiative measure shall be deemed to be a person
who, for purposes of subdivision (a), does not receive money or
other valuable consideration for the specific purpose of soliciting
signatures of electors, unless the primary purpose of that
employment or membership is to solicit signatures on an initiative
petition.

(2) For purposes of this subdivision, “member” means any of
the following:

(A) A person who, pursuant to a specific provision of an
organization’s articles of incorporation or bylaws, has the right to
vote directly or indirectly for the election of a director or directors,
or an officer or officers, or on a disposition of all or substantially
all of the assets of the organization, or on a merger or a dissolution.

(B) A person who is designated in an organization’s articles of
incorporation or bylaws as a member and, pursuant to a specific
provision of the articles of incorporation or bylaws, has the right
to vote on changes to the articles of incorporation or bylaws.

(C) A person who pays or has paid membership dues in an
amount predetermined by the organization, provided the
organization is tax exempt under Section 501(c) of the Internal
Revenue Code.

(3) For purposes of this subdivision, a member of a local union
is a member of any national or international union of which the
local union is a part and of any federation with which the local,
national, or international union is affiliated.

(4) For purposes of this subdivision, a person is not a member
of a nonprofit organization solely by virtue of being on a mailing
or contact list of the organization.

(5) For purposes of this subdivision, whether an organization,
or a member or employee of an organization, has the primary
purpose of soliciting signatures on an initiative petition shall be
determined based on the totality of the circumstances.

(c) Signatures that are solicited by a person who is a registered
voter of a political party, a member of a political party committee
as defined in Section 85205 of the Government Code, or an
employee of a political party or a political party committee and
who receives money or other valuable consideration for soliciting
signatures on an initiative petition from the political party or
political party committee do not count towards the number of
signatures needed to satisfy the requirement of subdivision (a).

(d) (1) Signatures on an initiative petition that are solicited
through direct mail do not count towards the number of signatures
needed to satisfy the requirement of subdivision (a) if the person
soliciting the signatures through direct mail, or any other person
who organizes, pays for, or arranges for the direct mail, receives
money or other valuable consideration primarily for the purpose
of soliciting signatures of electors, unless the person is an employee
or member of a nonprofit organization as described in subdivision
(b).

(2) This subdivision shall not be construed to preclude an
organization that has a primary purpose other than soliciting
signatures on initiative petitions from soliciting signatures from
the organization’s members through direct mail and relying on
those signatures for purposes of satisfying the requirement set forth
in subdivision (a).

(e) This section shall not be construed to preclude a person who
receives nominal benefits other than money, such as food,
transportation, or lodging, from qualifying under this section as a
person who does not receive money or other valuable consideration
exclusively or primarily for the specific purpose of soliciting
signatures of electors on a petition for a proposed initiative
measure.

(f) Verification of a petition that contains a declaration pursuant
to Section 9022.5 shall be prima facie evidence that the signatures
thereon satisfy the requirement of subdivision (a).

(g) For purposes of verifying signatures under Sections 9030
and 9031 and the procedures set forth by the Secretary of State, if
the signature of a qualified voter appears once on a petition or
section of a petition submitted to satisfy subdivision (a) of this
section, and the same voter’s signature appears on a petition or
section of a petition that does not satisfy subdivision (a), the
qualified voter’s signature shall only be counted once and shall be
counted towards satisfying subdivision (a).

(h) A person who receives money or other valuable
consideration for the specific purpose of soliciting signatures on
an initiative petition shall not circulate a petition or a section of a
petition for purposes of satisfying the requirement of subdivision
(a) for the same initiative measure.

SEC. 11.  

Section 9037 is added to the Elections Code, to read:

9037.  

(a) The signatures on an initiative petition section shall
be deemed invalid and shall not be used for the purpose of
determining whether the initiative measure qualifies for the ballot
if the signatures thereon were solicited by a person who, in
connection with the circulation of the initiative petition,
intentionally engages in fraud, misrepresentation, or any conduct
described in Section 18600, 18601, or 18602, or by a person who
falsely claims to have not received money or other valuable
consideration for the specific purpose of soliciting signatures of
electors pursuant to Section 9036.

(b) This section may be enforced by a civil action brought by
the Secretary of State, the Attorney General, a district attorney, a
city attorney of a city with a population greater than 750,000, or
any elector. The signatures on a petition section shall be invalidated
only upon a showing, by clear and convincing evidence, that the
person who solicited or obtained the signatures did so through
intentional fraud, misrepresentation, or other conduct described
in Sections 18600, 18601, and 18602, or that the person falsely
claims to have not received money or other valuable consideration
for the specific purpose of soliciting signatures of electors pursuant
to Section 9036. Any civil action brought pursuant to this section
shall have priority over all other civil matters.

(c) The relief provided for in subdivision (a) shall not be
available after the Secretary of State has certified that an initiative
petition has qualified for the ballot.

(d) If a local elections official is notified of or discovers any
conduct described in subdivision (a), the local elections official
shall promptly notify the Secretary of State.

(e) This section does not permit a local elections official who
is notified of or discovers any conduct described in subdivision
(a) to refuse to examine or to stop the examination of the petition
or petition sections.

SEC. 12.  

The provisions of this act do not apply to an initiative
petition for which the Attorney General issued a circulating title
and summary before January 1, 2017.

SEC. 13.  

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.

SEC. 14.  

Section 8 shall become operative only if the Secretary
of State certifies that the state has a statewide voter registration
database that complies with the requirements of the federal Help
America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).