BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Alex Padilla, Chair
BILL NO: AB 2219 HEARING DATE: 6/17/14
AUTHOR: FONG ANALYSIS BY: Frances Tibon
Estoista
AMENDED: AS INTRODUCED
FISCAL: YES
SUBJECT
Initiative and referendum petitions: verification of signatures
DESCRIPTION
Existing law 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 Secretary
of State (SOS).
Existing law 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.
Existing law requires the elections official, after receipt of
the notification from the SOS, to determine the number of
qualified voters who have signed the petition and 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.
Existing law 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. Existing law 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.
Existing law requires county elections officials, once all
petitions for a county initiative are submitted, to determine
the total number of signatures affixed to the petition, and also
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.
Existing law permits an elections official, if more than 500
signatures are submitted, to use a random sample technique for
verification of the signatures and also requires the random
sample to include an examination of at least 500, or three
percent of the signatures, whichever is greater.
Existing law 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.
This bill 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 SOS showing the number of signatures of
qualified voters that have been verified as of the date. This
bill requires the SOS to determine the number of reports
required to be submitted and the manner of their submission.
This bill 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.
This bill 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.
This bill 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.
AB 2219 (FONG)
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This bill 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
petition sufficient, the election official may terminate the
verification of the remaining unverified signatures.
This bill makes corresponding changes.
BACKGROUND
Existing law requires a statewide initiative and referendum, in
order to qualify for the ballot, 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
AB 2219 (FONG)
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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.
COMMENTS
1. 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.
Specifically, AB 2219 allows a county elections official to
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.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 7-0
Assembly Appropriations Committee: 17-0
Assembly Floor: 74-0
AB 2219 (FONG)
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POSITIONS
Sponsor: California Association of Clerks and Election Officials
Support: None received
Oppose: None received
AB 2219 (FONG)
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