AB 2093, as introduced, Grove. Petitions: filings.
Existing law specifies procedures for collecting signatures on a petition for an initiative, referendum, or recall, and for filing the petition and signatures with elections officials.
This bill would make technical, nonsubstantive changes to these provisions.
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 is amended
2to read:
(a) Each section of the petition shall be filed with the
4elections official of the county or city and county in which it was
5circulated, but all sections circulated in any county or city and
6county shall be filed at the same time. Once filed,begin delete noend deletebegin insert aend insert petition
7section shallbegin insert notend insert be amended except bybegin insert theend insert order of a court of
8competent jurisdiction.
9(b) Within eight days after the filing of the petition, excluding
10Saturdays, Sundays, and holidays, the elections official shall
P2 1determine the total number of signatures affixed to the petition
2and shall transmit this information to the Secretary of State. If the
3total number of signatures filed with all elections officials is less
4than 100 percent of the number of qualified voters required to find
5the petition sufficient, the Secretary of State shall so notify the
6proponents and the elections officials, and no further action shall
7be taken with regard to the petition.
8(c) If the number of signatures filed with all elections officials
9is 100 percent or more of the number of qualified voters needed
10to declare the petition sufficient, the Secretary of State shall
11immediately so notify the elections officials.
12(d) Within 30
days after this notification, excluding Saturdays,
13Sundays, and holidays, the elections official shall determine the
14number of qualified voters who have signed the petition. If more
15than 500 names have been signed on sections of the petition filed
16with an elections official, the elections official shall use a random
17sampling technique for verification of signatures, as determined
18by the Secretary of State. The random sample of signatures to be
19verified shall be drawn in such a manner that every signature filed
20with the elections official shall be given an equal opportunity to
21be included in the sample. The random sampling shall include an
22examination of at least 500 or 3 percent of the signatures,
23whichever is greater. In determining from the records of registration
24what number of qualified voters have signed the petition, the
25elections official may use the duplicate file of affidavits of
26registered voters or the facsimiles of voters’ signatures, provided
27that the method of preparing and displaying the
facsimiles complies
28with law.
29(e) The elections official, upon the completion of the
30examination, shall immediately attach to the petition, except the
31signatures thereto appended, a properly dated certificate, showing
32the result of the examination, and shall immediately transmit the
33petition and the certificate to the Secretary of State. A copy of this
34certificate shall be filed in the elections official’s office.
35(f) If the certificates received from all elections officials by the
36Secretary of State establish that the number of valid signatures
37does not equal 95 percent of the number of qualified voters needed
38to find the petition sufficient, the petition shall be deemed to have
39failed to qualify, and the Secretary of State shall immediately so
40notify the proponents and the elections officials.
P3 1(g) If the
certificates received from all elections officials by the
2Secretary of State total more than 110 percent of the number of
3qualified voters needed to find the petition sufficient, the petition
4shall be deemed to qualify as of the date of receipt by the Secretary
5of State of certificates showing the petition to have reached the
6110 percent, and the Secretary of State shall immediately so notify
7the proponents and the elections officials.
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