BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2219|
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THIRD READING
Bill No: AB 2219
Author: Fong (D)
Amended: 8/11/14
Vote: 21
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-0, 6/17/14
AYES: Padilla, Hancock, Jackson, Pavley
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 74-0, 5/1/14 - See last page for vote
SUBJECT : Initiative and referendum petitions
SOURCE : California Association of Clerks and Election
Officials
DIGEST : This bill allows county elections officials to
discontinue verifying signatures on a petition once the
Secretary of State (SOS) has determined, based on status reports
on signature verification received from the elections officials,
that an initiative or referendum has qualified for the ballot.
Senate Floor Amendments of 8/11/14 add double-jointing language
with SB 1235 (Steinberg).
ANALYSIS : Existing law:
1.Requires county elections officials, once all petitions for a
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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% 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 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.
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%
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, 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.
6.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 3% 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% of the number of qualified voters needed to find the
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petition sufficient, to examine and verify each signature
filed.
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 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
petition sufficient, the election official may terminate the
verification of the remaining unverified signatures.
5.Contains double-jointing language to resolve chaptering issues
with SB 1235 (Steinberg).
Background
Existing law requires a statewide initiative and referendum, in
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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 5% 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% 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% 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/11/14)
California Association of Clerks and Election Officials (source)
ARGUMENTS IN SUPPORT : According to the author's office, 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
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of voters.
ASSEMBLY FLOOR : 74-0, 5/1/14
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Buchanan, Ian Calderon,
Campos, Chau, Ch�vez, Chesbro, Conway, Cooley, Dababneh,
Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Harkey, Roger Hern�ndez, Holden, Jones,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Rodriguez, Skinner, Stone, Ting, Wagner,
Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, John A.
P�rez
NO VOTE RECORDED: Brown, Hall, Mansoor, Ridley-Thomas, Salas,
Vacancy
RM:nl 8/12/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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