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SB 1094

  • California Senate Bill
  • 2015-2016 Regular Session
  • Introduced in Senate Feb 17, 2016
  • Passed Senate Jun 01, 2016
  • Passed Assembly Aug 24, 2016
  • Governor

Initiatives: petition circulators.

Abstract

(1) The California Constitution and existing statutory law provide for the electors to propose statutes or amendments to the Constitution by initiative. Existing law authorizes a person who is a voter or who is qualified to register to vote in California to circulate an initiative or referendum petition anywhere within the state. Existing law requires that each section of a petition for an initiative or referendum measure have attached thereto the declaration of the person soliciting the signatures that includes specified information. This bill would require a person who solicits signatures for a proposed initiative measure and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors to make additional declarations, as specified. (2) Existing law requires local elections officials to perform various duties with respect to statewide initiative petitions including, within 8 days after the filing of a petition, determining the total number of signatures affixed to the petition. Existing law also requires an elections official, within 30 days of notification from the Secretary of State that a petition has received 100% or more of the signatures needed to declare the petition sufficient, to determine the number of qualified voters who signed the petition. Upon order of the Secretary of State, existing law requires an elections official, within 30 days, to verify each signature on a petition, as specified. This bill would extend the time a local elections official is required to determine the total number of signatures affixed to a petition to 10 days, and would extend the time a local elections official is required to determine the number of qualified voters who signed the petition to 35 days after receiving notice from the Secretary of State that the petition has received the signatures needed to declare the petition sufficient. The bill also would extend the time that an elections official is required to verify the signatures on a petition to 35 days. This bill would require at least 5% of the signatures that are required to qualify an initiative measure to be solicited by a person who does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, and would require that the declaration of such a person include additional content, as specified. The bill would require an elections official who determines the total number of signatures affixed to a petition and an elections official or registrar of voters who verifies signatures on petitions to also determine the total number of signatures submitted by persons who do not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, as specified. The bill would include specified findings and declarations of the Legislature in support of these policies. (3) Existing law requires that, if the statistical sampling shows that the number of valid signatures on a petition is within 95 to 110% of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of each signature filed, and shall so notify the elections officials. This bill, with regard to an initiative petition for which the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110% of the number of qualified voters needed to find the petition sufficient, but the number of valid signatures submitted for purposes of the 5% requirement described above is within 95 to 110% of the number of signatures needed to satisfy that requirement, would require the Secretary of State to only order an examination and verification of each signature filed that would satisfy the 5% requirement. (4) Existing law requires every proposed initiative measure, prior to circulation, to include on the petition, among other things, the circulating title and summary prepared by the Attorney General and a heading for the initiative measure, as specified. Existing law also requires a petition for a proposed initiative or referendum measure to be presented in sections, as specified. This bill would provide that its provisions do not apply to any initiative petition for which the Attorney General issued a circulating title and summary before January 1, 2017, and would require a petition for a proposed initiative measure to have printed in the one-inch space across the top of the first page of each section of the petition, in 18-point roman boldface type, the circulating title for the measure prepared by the Attorney General. The bill would additionally require a petition for a proposed initiative measure that is circulated by persons who do not receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on white paper in a contrasting color ink. The bill also would require a petition for a proposed initiative measure that is circulated by persons who do receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on paper of a color other than white in a contrasting color ink. (5) Under existing law, an initiative petition must contain specified language advising the public of its right to ask whether the person circulating the petition is a paid signature gatherer or a volunteer. This bill would additionally require a statewide initiative, referendum, or recall petition to include a disclosure, as specified, notifying the public that the petition circulator is receiving money or other valuable consideration for the specific purpose of soliciting signatures of electors, or is a volunteer or employee of a nonprofit organization. (6) Existing law provides that a person who engages in specified conduct in connection with the collection of signatures on any statewide initiative or referendum petition is guilty of a misdemeanor. This bill would require a statewide initiative or referendum petition section to be deemed invalid, and would prohibit use of the petition section for the purpose of determining whether the initiative or referendum measure qualifies for the ballot, if the signatures are solicited and submitted by a person who engages in fraud, misrepresentation, or any of the specified conduct for which he or she may be found guilty of a misdemeanor. The bill would authorize specified persons to enforce this provision by a civil action upon a showing of clear and convincing evidence. (7) Because this bill would impose new requirements on local elections officials relative to calculating and verifying signatures on a petition, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. (8) This bill would provide that specified provisions shall become operative only if the Secretary of State certifies that the state has a statewide voter registration database that complies with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.) .

Bill Sponsors (2)

Ed Hernandez

  • Democratic
Author

Lorena Gonzalez

  • Democratic
  • lower
  • 80
Coauthor

Votes


Actions


Sep 29, 2016

Senate

In Senate. Consideration of Governor's veto pending.

Senate

Vetoed by the Governor.

Sep 01, 2016

California State Legislature

Enrolled and presented to the Governor at 5 p.m.

Aug 26, 2016

Senate

Assembly amendments concurred in. (Ayes 25. Noes 13. Page 5448.) Ordered to engrossing and enrolling.

Aug 25, 2016

Senate

In Senate. Concurrence in Assembly amendments pending.

Aug 24, 2016

Assembly

Read third time. Passed. (Ayes 52. Noes 28. Page 6235.) Ordered to the Senate.

Aug 19, 2016

Assembly

Ordered to third reading.

Assembly

Read third time and amended. (Ayes 73. Noes 0. Page 5969.)

Aug 16, 2016

Assembly

Read second time. Ordered to third reading.

Aug 15, 2016

Assembly

Read second time and amended. Ordered to second reading.

Aug 12, 2016

Assembly

From committee: Do pass as amended. (Ayes 14. Noes 6.) (August 11).

Aug 03, 2016

Assembly

August 3 set for first hearing. Placed on APPR. suspense file.

Jun 29, 2016

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 29). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR.

Jun 15, 2016

Assembly

From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & R.

  • Referral-Committee
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Reading-1
Com. on E. & R.

Jun 09, 2016

Assembly

Referred to Com. on E. & R.

  • Referral-Committee
Com. on E. & R.

Jun 02, 2016

Assembly

In Assembly. Read first time. Held at Desk.

Jun 01, 2016

Senate

Read third time. Passed. (Ayes 25. Noes 14. Page 4105.) Ordered to the Assembly.

May 31, 2016

Senate

Read second time and amended. Ordered to third reading.

May 27, 2016

Senate

From committee: Do pass as amended. (Ayes 5. Noes 2. Page 4003.) (May 27).

May 20, 2016

Senate

Set for hearing May 27.

May 02, 2016

Senate

May 2 hearing: Placed on APPR. suspense file.

Apr 22, 2016

Senate

Set for hearing May 2.

Apr 20, 2016

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 3608.) (April 19). Re-referred to Com. on APPR.

  • Referral-Committee
  • Committee-Passage-Favorable
  • Committee-Passage
Com. on APPR.

Apr 18, 2016

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A.

  • Referral-Committee
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Reading-1
Com. on E. & C.A.

Apr 07, 2016

Senate

From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A.

  • Referral-Committee
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Reading-1
Com. on E. & C.A.

Apr 05, 2016

Senate

Set for hearing April 19.

Feb 25, 2016

Senate

Referred to Com. on E. & C.A.

  • Referral-Committee
Com. on E. & C.A.

Feb 18, 2016

Senate

From printer. May be acted upon on or after March 19.

Feb 17, 2016

Senate

Introduced. Read first time. To Com. on RLS. for assignment. To print.

Bill Text

Bill Text Versions Format
SB1094 HTML
02/17/16 - Introduced PDF
04/07/16 - Amended Senate PDF
04/18/16 - Amended Senate PDF
05/31/16 - Amended Senate PDF
06/15/16 - Amended Assembly PDF
08/15/16 - Amended Assembly PDF
08/19/16 - Amended Assembly PDF
08/30/16 - Enrolled PDF

Related Documents

Document Format
No related documents.

Sources

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