BILL ANALYSIS �
AB 2219
Page 1
Date of Hearing: April 1, 2014
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 2219 (Fong) - As Introduced: February 20, 2014
SUBJECT : Initiative and referendum petitions: verification of
signatures.
SUMMARY : Allows county elections officials to discontinue
verifying signatures on a petition once an initiative or
referendum has qualified for the ballot, as specified.
Specifically, this bill :
1)Requires an elections official or registrar of voters, when
conducting a full check of all signatures filed for a
statewide initiative or referendum petition, to submit one or
more reports to the Secretary of State (SOS) showing the
number of signatures of qualified voters that have been
verified as of the date. Requires the SOS to determine the
number of reports required to be submitted and the manner of
their submission.
2)Requires the SOS to maintain a list indicating the number of
verified signatures of qualified voters who have signed the
petition based on the most recent reports submitted. Provides
that if the SOS determines, prior to each county 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 SOS must
immediately notify the elections official or registrar of
voters of every county or city and county in the state of this
fact.
3)Permits an elections official or registrar of voters,
immediately after receipt of the notification described above,
to suspend signature verification until receipt of a
certificate from the SOS showing that the petition has been
signed by the requisite number of qualified voters pursuant to
current law, or until otherwise instructed by the SOS.
4)Provides that if an elections official determines, prior to
completing the examination of each signature filed for a
county initiative or referendum, that the petition is signed
by the requisite number of qualified voters to declare the
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petition sufficient, the election official may terminate the
verification of the remaining unverified signatures.
5)Makes corresponding changes.
EXISTING LAW :
1)Requires county elections officials, once all petitions for a
statewide initiative and referendum are submitted, to
determine the total number of signatures affixed to the
petition and transmit this information to the SOS.
2)Requires the SOS to immediately notify the elections official
if the total number of signatures filed with the elections
official is 100 percent or more of the number of qualified
voters needed to declare the petition sufficient.
3)Requires the elections official, after receipt of the
notification from the SOS, to determine the number of
qualified voters who have signed the petition. Permits the
elections official, if more than 500 names have been signed on
sections of the petition filed, to use a random sample
technique to verify the signatures, as specified.
4)Requires an elections official, upon completion of the
examination, to attach to the petition a certificate showing
the result of the examination and immediately transmit the
certificate to the SOS. Provides that if the random sample
shows that the number of valid signatures is within 95 to 110
percent of the number of qualified voters needed to find the
petition sufficient, the SOS must order the examination and
verification of each signature filed with the elections
official.
5)Requires county elections officials, once all petitions for a
county initiative are submitted, to determine the total number
of signatures affixed to the petition. Requires the elections
official, if the number of signatures equals or is in excess
of the minimum number of signatures required, to examine the
petitions, and from the records of registration ascertain
whether or not the petition is signed by the requisite number
of voters.
6)Permits an elections official, if more than 500 signatures are
submitted, to use a random sample technique for verification
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of the signatures. Requires the random sample to include an
examination of at least 500, or three percent of the
signatures, whichever is greater.
7)Requires an elections official, if the statistical sampling
shows that the number of valid signatures is within 95 to 110
percent of the number of qualified voters needed to find the
petition sufficient, to examine and verify each signature
filed.
FISCAL EFFECT : Unknown. State-mandated local program; contains
reimbursement direction.
COMMENTS :
1)Purpose of the Bill : According to the author:
In general, in order to qualify for the ballot, state law
requires an initiative or referendum to be signed by a
specified number of registered voters. Once the requisite
number of signatures has been collected on the petition,
they must be filed with the appropriate county elections
official. Once submitted, current law requires elections
officials to examine the petition and determine if the raw
number of signatures submitted equals or exceeds the number
of signatures required. If it is determined a sufficient
number of signatures has been submitted, current law
requires county elections officials to examine the
petition, and from records of registration, verify the
signatures to ascertain whether the petition is signed by
the requisite number of voters.
Under existing law, county elections officials are required
to continue to examine and verify petition signatures even
after the number has exceeded the required amount of
signatures to qualify the measure for the ballot.
This bill permits county elections officials to discontinue
verifying signatures on a petition once an initiative
measure has qualified for the ballot, as specified. AB
2219 has the potential to decrease the cost and staff time
spent on continuing to verify signatures that will have no
impact on the petition's disposition.
Specifically, AB 2219 allows a county elections official to
AB 2219
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suspend signature verification on initiative or referendum
petitions once it has been determined by the Secretary of
State that the measure has the requisite number of valid
signatures to qualify the measure for the ballot.
Additionally, this bill permits the county elections
official to end signature verification on a petition for a
county measure if it is determined by the elections
official that the petition has the requisite number of
signatures to qualify the measure for the ballot.
2)Background : In order to qualify for the ballot, current law
requires a statewide initiative and referendum to be signed by
a specified number of registered voters. Specifically,
Article II, Section 8(b) of the California Constitution
requires a statewide initiative statute or referendum to be
signed by registered voters equal to at least five percent of
the total votes cast for Governor at the last gubernatorial
election. According to the SOS's office, the total number of
signatures required is 504,760.
Once the requisite number of signatures has been collected, they
must be filed with the appropriate county elections officials.
After the filing of the petitions, county elections officials
must determine the total number of signatures on the petitions
submitted and report the total to the SOS. If the raw count
of signatures submitted equals 100 percent or more of the
total number of signatures needed to qualify the initiative
measure, the SOS notifies the county elections official to
verify the signatures using a random sample verification
technique. If the result of the random sample indicates that
the number of valid signatures represents between 95 to 110
percent of the required number of signatures to qualify the
measure for the ballot, the SOS is required to direct the
county elections official to verify every signature on the
petition.
This bill revises the signature verification process for
statewide initiatives and referendums and makes it more
efficient and transparent. Specifically, this bill requires
the elections official, when conducting a full check of all
signatures filed, to submit one or more reports to the SOS
showing the number of signatures of qualified voters that have
been verified as of that date. Additionally, this bill
requires the SOS to maintain a list indicating the number of
verified signatures of qualified voters who have signed the
AB 2219
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petition. If the SOS determines that the measure has
qualified prior to each county completing the examination of
each signature filed, then counties are able to stop the
verification of signatures.
In addition, this bill makes changes to the signature
verification process in place for county measures.
Specifically, this bill permits a county elections official to
terminate verification of the remaining unverified signatures
if the elections official determines, prior to completing the
examination of each signature filed, that the petition is
signed by the requisite number of qualified voters to declare
the petition sufficient.
This bill has the potential to reduce costs and administrative
burdens by allowing county elections officials to discontinue
verifying signatures that will have no impact on the
petition's disposition.
AB 2219
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REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Clerks and Election Officials
(sponsor)
Opposition
None on file.
Analysis Prepared by : Nichole Becker / E. & R. / (916)
319-2094