BILL ANALYSIS �
SB 1188
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Date of Hearing: June 19, 2012
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
SB 1188 (Elections and Constitutional Amendments Committee) -
As Amended: April 9, 2012
SENATE VOTE : 37-0
SUBJECT : Elections.
SUMMARY : Makes two minor and technical changes to state law
governing elections. Specifically, this bill :
1)Repeals the requirement that the circulator of a petition
provide his or her middle name or initial on the petition in
order for it to be certified by an elections official.
2)Corrects two obsolete cross-references to the Elections Code
contained in the Water Code related to all-mailed ballot
elections.
EXISTING LAW :
1)Requires any petition or paper that is submitted to the
elections official to have a declaration signed by the
circulator of the petition or paper attached to each section
of the petition or paper. Requires the declaration to have
the following in the circulator's own hand:
a) The printed name of the circulator;
b) The residence address of the circulator, giving street
and number, or if no street or number exists, adequate
designation of residence so that the location may be
readily ascertained; and,
c) The dates between which all the signatures to the
petition or paper were obtained.
2)Requires a petition circulator to certify to the content of
the declaration as to its truth and correctness, under penalty
of perjury, with the signature of his or her name at length,
including given name, middle name or initial, or initial and
middle name. Requires the circulator to state the date and
SB 1188
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the place of execution on the declaration immediately
preceding his or her signature.
FISCAL EFFECT : Keyed non-fiscal by Legislative Counsel.
COMMENTS :
1)Purpose of the Bill : According to the author:
This bill is one of the Committee's annual omnibus bills
that contain minor, technical and clean-up language to the
Elections Code.
This bill does two things: it corrects two obsolete
Election Code references contained in the Water Code and
deletes the requirement that a middle name or initial also
be provided by a circulator in order for a petition to be
valid.
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 the circulator to
include a middle name or initial on his or her DOC should
not invalidate otherwise valid signatures on a petition.
2)Omnibus Bill : Each year the Senate Elections and
Constitutional Amendments Committee
introduces omnibus legislation to make various
non-controversial changes to the Elections
Code. This bill provides clarifying changes to multiple
elections code references and also
makes minor technical and conforming changes.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Clerks and Election Officials
Opposition
None on file.
SB 1188
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Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094