BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1188|
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                                    CONSENT


          Bill No:  SB 1188
          Author:   Senate  Elections and Constitutional Amendments 
          Committee
          Amended:  4/9/12
          Vote:     21

           
           SENATE ELECTIONS & CONST. AMEND. COMMITTEE  :  5-0, 4/19/12
          AYES:  Correa, La Malfa, De Le�n, Gaines, Lieu


           SUBJECT  :    Elections

           SOURCE  :     Author


           DIGEST  :    This bill deletes the requirement that a middle 
          name or initial also be provided by the circulator in order 
          for a petition to be valid and corrects two obsolete 
          Elections Code references contained in the Water Code 
          related to all-mailed ballot elections.

           ANALYSIS  :    Existing law provides that wherever any 
          petition or paper is submitted to the elections official, 
          each section of the petition or paper shall have attached 
          to it a declaration signed by the circulator of the 
          petition or paper, setting forth, in the circulator's own 
          hand, the following:
           
          1. The printed name of the circulator.

          2. The residence address of the circulator, giving street 
             and number, or if no street or number exists, adequate 
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             designation of residence so that the location may be 
             readily ascertained.

          3. The dates between which all the signatures to the 
             petition or paper were obtained.

          Existing law provides the circulator shall certify to the 
          content of the declaration as to its truth and correctness, 
          under penalty of perjury, with the signature of his/her 
          name at length, including given name, middle name or 
          initial, or initial and middle name.  The circulator shall 
          state the date and the place of execution on the 
          declaration immediately preceding his/her signature.

          Existing law provides the manner in which the declaration 
          of a petition circulator is prepared.  Existing law further 
          requires that a circulator certify to the content of the 
          declaration as to its truth and correctness, under penalty 
          of perjury, with the signature of his/her name at length, 
          including given name, middle name or initial, or initial 
          and middle name.  The circulator shall state the date and 
          the place of execution on the declaration immediately 
          preceding his/her signature.

          The author's office states, "As currently written, the 
          Elections Code requires petition circulators to print their 
          name and to sign the Declaration of Circulator (DOC) using 
          their complete name, including middle name or initial.  
          Many people do not use a middle name or initial when 
          affixing their signatures to documents.  Failure on the 
          part of a circulator to include a middle name or initial on 
          his or her DOC should not invalidate otherwise valid 
          signatures on a petition."

          This bill deletes the requirement that a middle name or 
          initial be provided by the circulator in order for the 
          petition to be certified by an elections official.

          This bill also corrects two obsolete Elections Code 
          references contained in the Water Code related to 
          all-mailed ballot elections.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No   
          Local:  No







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          DLW:kc  4/23/12   Senate Floor Analyses 

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