BILL NUMBER: AB 2946 ENROLLED
BILL TEXT
PASSED THE ASSEMBLY AUGUST 31, 2006
PASSED THE SENATE AUGUST 30, 2006
AMENDED IN SENATE AUGUST 23, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN ASSEMBLY MAY 30, 2006
AMENDED IN ASSEMBLY APRIL 26, 2006
AMENDED IN ASSEMBLY APRIL 5, 2006
INTRODUCED BY Assembly Member Leno
(Coauthor: Senator Bowen)
FEBRUARY 24, 2006
An act to amend Section 9050 of, and to add Sections 102.5, 102.6,
9050.5, 13281.5, and 18606 to, the Elections Code, relating to
initiatives.
LEGISLATIVE COUNSEL'S DIGEST
AB 2946, Leno Initiative, referendum, and recall petitions.
(1) Under existing law, any person who is a voter or is qualified
to register to vote in this state may circulate an initiative or
referendum petition, and any person who is a voter may circulate a
recall petition.
This bill would provide that it is a misdemeanor for any person to
pay or to receive money or any other thing of value based on the
number of signatures obtained on a state or local initiative,
referendum, or recall petition, or to pay or receive money or other
thing of value based on the number of affidavits or applications
obtained or completed when assisting with voter registration or the
distribution of absentee ballot applications. By creating a new
crime, this bill would impose a state-mandated local program.
The bill would additionally provide that any signatures collected
in violation of any provision of state law relating to the
circulation of a statewide initiative, referendum, or recall petition
are invalid and cannot count towards the qualification of the
initiative, referendum, or recall. The bill would also provide that
the doctrine of substantial compliance may not be used to excuse a
violation of these provisions, except for nonsubstantive grammar and
spelling errors. The bill would provide that a proponent of an
initiative, referendum, or recall petition may submit a petition
prior to circulation to the Attorney General for approval.
(2) Existing law provides that it is a misdemeanor for a person
circulating an initiative, referendum, or recall petition, to
intentionally misrepresent or make any false statement concerning the
contents or purported effect of the initiative, referendum, or
recall petition to obtain a signature or to make any false statement
with regard to whether the circulator is a paid signature gatherer or
volunteer. It is also a misdemeanor for any person working for the
proponent or proponents of an initiative, referendum, or recall
petition to refuse to allow a prospective signer to read the measure
or petition, to obscure the summary of the measure, or to offer or
give money or other valuable consideration in exchange for a
signature.
This bill would provide that if a proponent of a statewide
initiative, referendum, or recall petition has knowledge of a
violation of any provision of law relating to the circulation of a
statewide initiative, referendum, or recall petition committed by a
person obtaining signatures on the proponent's petition, the
proponent of the petition shall be subject to a civil penalty in an
amount not exceeding the fine applicable to the violation committed
by the person obtaining signatures on the initiative, referendum, or
recall petition. The bill would provide that a proponent shall not be
held liable under these provisions if the proponent notifies the
Secretary of State in writing not less than one business day after
obtaining knowledge of the potential violation. The bill would make
the Attorney General responsible for enforcing these provisions.
(3) Existing law provides that the Attorney General shall provide
and return to the Secretary of State a ballot title for each measure
submitted to the voters of the whole state. Existing law provides
that the Attorney General shall prepare the ballot label for
statewide measures and the ballot label shall be a condensed
statement of the ballot title prepared by him or her.
This bill would provide that the ballot title and summary and the
ballot label prepared by the Attorney General must be stated in
complete sentences and written in a manner so that the average voter
will easily understand the purpose of the measure.
(4) 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 no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 102.5 is added to the Elections Code, to read:
102.5. (a) It shall be unlawful for any person to pay or to
receive money or any other thing of value based on the number of
signatures obtained on a state or local initiative, referendum, or
recall petition, or to pay or receive money or any other thing of
value based on the number of affidavits or applications obtained or
completed when assisting with voter registration or the distribution
of absentee ballot applications. Nothing herein prohibits the payment
for signature gathering, voter registration, or distribution of
absentee ballot applications not based, either directly or
indirectly, on the number of signatures obtained, voter registration
affidavits obtained or completed, or absentee ballot applications
obtained or completed.
(b) Violation of this section shall be a misdemeanor.
SEC. 2. Section 102.6 is added to the Elections Code, to read:
102.6. (a) Any signatures collected in violation of any provision
of state law relating to the circulation of a statewide initiative,
referendum, or recall petition shall be invalid and shall not count
towards qualification of the initiative, referendum, or recall.
(b) The doctrine of substantial compliance shall not be used by
any elections official or court to excuse a violation of any
provision of state law relating to the circulation of a statewide
initiative, referendum, or recall petition, except for nonsubstantive
grammatical and spelling errors.
(c) Any proponent of a statewide initiative, referendum, or recall
petition may submit a petition prior to circulation to the Attorney
General for approval. Upon receipt, the Attorney General shall review
the petition for compliance with this code. Within 10 business days,
the Attorney General shall notify the proponent in writing as to
whether or not the petition complies with the requirements of this
code. If the Attorney General determines the petition does not
comply, he or she shall notify the proponent as to why the petition
does not comply and afford the proponent another opportunity to
submit any corrected petition for approval.
SEC. 3. Section 9050 of the Elections Code is amended to read:
9050. The Attorney General shall provide and return to the
Secretary of State a ballot title and summary for each measure
submitted to the voters of the whole state.
SEC. 4. Section 9050.5 is added to the Elections Code, to read:
9050.5. The ballot title and summary prepared by the Attorney
General shall be stated in complete sentences and written in a manner
so that the average voter will easily understand the purpose of the
measure.
SEC. 5. Section 13281.5 is added to the Elections Code, to read:
13281.5. The ballot label prepared by the Attorney General shall
be stated in complete sentences and written in a manner so that the
average voter will easily understand the purpose of the measure.
SEC. 6. Section 18606 is added to the Elections Code, to read:
18606. (a) If a proponent of a statewide initiative, referendum,
or recall petition has knowledge of a violation of any provision of
state law relating to the circulation of a statewide initiative,
referendum, or recall petition committed by a person obtaining
signatures on the proponent's petition, the proponent of the petition
shall be subject to a civil penalty in an amount not exceeding the
fine applicable to the violation committed by the person obtaining
signatures on the initiative, referendum, or recall petition.
(b) A proponent shall not be liable under subdivision (a) if the
proponent notifies the Secretary of State in writing not later than
one business day after the proponent obtains knowledge of potential
violation. The notice shall state all of the following:
(1) That a potential violation has occurred.
(2) The nature of the potential violation.
(3) All specific information known to the proponent regarding the
potential violation.
(c) If a statewide initiative, referendum, or recall petition has
more than one proponent, each proponent with knowledge may be held
liable under subdivision (a).
(d) The Attorney General shall be responsible for enforcing this
section.
SEC. 7. The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.