Bill Text: CA AB857 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Initiatives: petition circulators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB857 Detail]
Download: California-2013-AB857-Amended.html
Bill Title: Initiatives: petition circulators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB857 Detail]
Download: California-2013-AB857-Amended.html
BILL NUMBER: AB 857 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Fong
FEBRUARY 21, 2013
An act to amend Sections 9012, 9021, 9022, 9030, 9031,
18601, and 18602 of, and to add Sections 9009.5, 9009.6,
9036, 9037, 9038, and 9039 to, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 857, as amended, Fong. Initiatives: petition circulators.
(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, and requires the person soliciting signatures to declare under
penalty of perjury that he or she is a voter or is qualified to
register to vote in the state.
This bill would delete the provisions providing that a person who
is a voter or is qualified to vote in California is authorized to
solicit signatures on an initiative or referendum petition, and
requiring that person to declare under penalty of perjury that he or
she is a voter or is qualified to register to vote in the state.
(2) Existing law requires local elections officials to perform
various duties with respect to statewide initiative petitions,
including determining the total number of signatures affixed to the
petitions, transmitting that information to the Secretary of State,
and performing a random sampling technique for verification of
signatures on specified petitions. Once an initiative measure is
certified to have been signed by a specified number of voters,
existing law provides that a petition setting forth the text of the
proposed statute or amendment to the Constitution may be presented to
the Secretary of State.
(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 20% of the signatures on a
petition for an initiative measure to be submitted on a petition or
petition section that was circulated by a person who does not receive
money or other valuable consideration for the specific purpose of
soliciting signatures of electors, and would require those persons to
sign an affidavit under penalty of perjury, 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.
This bill would prohibit a person from paying money or other
valuable consideration to another person for soliciting signatures of
electors on an initiative or referendum petition, and would prohibit
a person from receiving money or other valuable consideration for
soliciting signatures of electors on an initiative or referendum
petition, unless the person soliciting signatures registers with the
Secretary of State and completes a training program, as specified.
The bill would require the Secretary of State to adopt regulations
establishing registration procedures and establishing a training
program, as specified. The bill also would require a proponent of an
initiative or referendum petition who pays any person to solicit
signatures of electors on the petition to keep detailed accounts, as
defined, and would require the Secretary of State to regularly review
the accounts. The bill would include specified findings and
declarations of the Legislature in support of these policies.
This bill would require a professional petition firm, as defined,
to register annually with the Secretary of State in order to pay
individuals to circulate petitions and collect signatures to qualify
an initiative or referendum measure on a state election ballot, as
specified, and would require the professional petition firm to
provide training to paid circulators related to obtaining signatures
for initiative or referendum petitions, as specified. The bill also
would require the Secretary of State to assign a unique three-letter
code to each professional petition firm, and would require a
professional petition firm to assign a unique four-digit identifying
number to each person hired to circulate a state initiative or
referendum petition. Before a professional petition firm begins
soliciting signatures for an initiative or referendum petition, the
bill would require the firm to obtain from each person hired as a
paid circulator a certified statement, as specified. Within 14 days
of the date of execution of the certified statement, the bill would
require a professional petition firm to provide to the Secretary of
State the name and unique identifying number of each paid circulator
and to retain copies of each certified statement, as specified, and
would authorize the Secretary of State to inspect those records under
reasonable conditions during normal business hours, as specified.
The bill would require the Secretary of State to provide each county
elections official with a list of the names and unique identifying
numbers for paid circulators, and would prohibit the county elections
officials from counting signatures on a petition or sections of a
petition if the name and unique identifying number of the paid
circulator does not appear on the list provided by the Secretary of
State.
This bill would further require a professional petition firm that
pays any person to solicit signatures of electors on an initiative or
referendum petition to keep detailed accounts, as defined, and would
authorize the Secretary of State to review those accounts.
The bill would include specified findings and declarations of the
Legislature in support of these policies.
(3) 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 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 specific
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 specific purpose of
obtaining signatures of electors to be printed on bright yellow paper
in a contrasting color ink. The bill also would require each section
of a petition for a proposed initiative measure to bear a unique
identifying number.
(4) 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 instead require a statewide initiative,
referendum, or recall petition to include specified disclosures
notifying the public that the petition circulator is receiving money
or other valuable consideration for the specific purpose of
soliciting signatures of electors, as specified.
(5) Existing law provides that a person who engages in specified
conduct in connection with the collection of signatures on any
state or local initiative, statewide
initiative or referendum or recall petition
is guilty of a misdemeanor.
This bill would require a statewide initiative or referendum
petition section to be deemed invalid and would prohibit an elections
official from using the petition section for the purpose of
determining if 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
the Secretary of State or any elector to enforce this provision by a
civil action in which the plaintiff has the burden of
upon a showing a violation by
of clear and convincing evidence.
The bill would provide that the provisions of this act take effect
January 1, 2014, and apply to any initiative or referendum petition
for which the Attorney General issued a circulating title and summary
on or after October 1, 2013.
(6) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The power of the initiative is a fundamental right reserved
for the voters of California and must be protected as a means of
governing through direct democracy.
(2) The voters amended the California Constitution to reserve for
themselves the power of the initiative because financially powerful
interests, including railroad companies, exercised a corrupting
influence over state politics.
(3) The purpose of reserving the initiative power was to provide
individuals, communities, and coalitions a means to protect the
general interests of the State of California.
(4) For the past 30 years, a disturbing trend in the state's
political process has undermined the original intent of the
initiative power. Whereas the initiative was reserved by the voters
for the purpose of allowing voters to participate in direct
democracy, now the integrity of the initiative process has been
corrupted by well financed well-financed
special interests.
(5) Whether an initiative measure qualifies for the
ballot no longer depends upon how much the state's voters truly
support the proposed law but, rather, depends upon how much money a
proponent is willing to spend to place the proposal on the ballot.
Thus, Due to the growth of paid signature
gathering, the presence of an initiative measure on the ballot
is no longer necessarily viewed as an expression of a
minimum amount of public support but, rather, the
willingness often is the result of a special
interest willing to pay a sufficient number of petition
circulators to use whatever means necessary to
qualify the initiative measure for the ballot.
(6) Whereas initiative petitions were originally circulated by
volunteer and grassroots organizations, the demonstration of
community support for an initiative petition has given way to paid
circulators who work at the behest of well-funded
individuals and organizations that promote narrow interests may
rely exclusively on paid circulators to qualify an initiative measure
that does not have broad community support . In many cases,
the individuals and organizations supporting an initiative petition
do not reside in the state and will not be subject to the laws that
they propose.
(7) Professional petition firms hire paid
circulators to gather as many signatures as possible in the least
amount of time. Often the signatures are obtained without providing
electors an explanation of the true purpose and effect of the
proposed initiative measure. Paid circulators are also instructed to
solicit signatures from electors who do not understand the contents
of the petition. Due to the prevalence of professional
petition firms and paid circulators, special interests may
qualify an initiative measure for the ballot without the necessary
minimum showing of public support. As a result, the statewide
election ballot is increasingly cluttered with initiative measures
that do not have enough public support to justify the expenses of
administering the election for those particular proposals.
Additionally, voters have been overwhelmed by the number and
complexity of the proposals.
(8) As has been the case since the initiative power was created,
initiative measures that have broad public support continue to
qualify for the ballot through the efforts of volunteers and
organizations, but the sheer number and complexity of proposals
without broad public support have overwhelmed voters, undermining the
integrity of both the signature gathering and electoral processes.
(8)
(9) The prevalence of paid circulators has also led to
instances of fraud and misrepresentation, and the erosion of public
confidence in the initiative process. The most popular means of
paying petition circulators is based on the number of signatures a
person collects. Under a payment-per-signature arrangement, a paid
circulator has no does not need an
incentive to educate voters about an initiative petition but,
instead, is may be motivated solely
by financial reasons to gather as many signatures as
possible. In their quest for economic gain, paid circulators often
purposefully mislead voters and leave the public in the dark about
the true content of initiative petitions.
(9)
(10) Because the use of paid circulators is no
longer a sufficient means of measuring the necessary public support
for an initiative measure to appear on the ballot and has been
associated with coercive and misleading tactics to collect
signatures, the public is dissatisfied with the initiative process
and the means by which a petition is circulated to qualify a
measure for the ballot .
(11) Unlike paid circulators, a widespread volunteer effort to
qualify an initiative measure for the ballot demonstrates a
significant level of public support. Improving the measure of public
support for a proposed initiative measure will increase the public's
confidence in the integrity of the initiative process.
(10)
(12) The Legislature is responsible for providing the
manner in which initiative petitions are circulated, presented, and
certified. Consistent with this constitutional duty, the Legislature
must provide for laws that are consistent with the original intent of
the voters in reserving the power of the initiative; protect the
integrity of the initiative process; and prevent the occurrence of
fraud and misrepresentation in the circulation, presentation, and
certification of initiative petitions.
(b) Therefore, it is the intent of the Legislature to do all of
the following:
(1) Preserve and protect the integrity of California's initiative
process.
(2) Ensure that initiative petitions have sufficient grassroots
support from informed voters to be placed on the ballot.
(3) Protect access to the initiative process and preserve the
constitutional right of voters in California to engage in direct
democracy.
SEC. 2. Section 9009.5 is added to the Elections Code, to read:
9009.5. (a) A petition for a proposed initiative measure that is
circulated by a person who does not receive money or other valuable
consideration for the specific purpose of
soliciting signatures of electors, for purposes of Section 9036,
shall be printed on white paper in a contrasting color ink.
(b) A petition for a proposed initiative measure that is
circulated by a person who receives money or other valuable
consideration for the specific purpose of
soliciting signatures of electors shall be printed on bright yellow
paper in a contrasting color ink.
SEC. 3. Section 9009.6 is added to the Elections Code, to read:
9009.6. (a) Notwithstanding any other provision of law, a
petition for a proposed initiative measure that is circulated by a
person who receives money or other valuable consideration for the
specific purpose of soliciting signatures of electors shall include
all of the following:
(1) Immediately
following statement immediately prior to the
portion of the petition for voters' signatures, printed names, and
residence addresses, the following language shall be
printed in 18-point boldface type:
" WARNING NOTICE TO THE PUBLIC: THIS
PETITION IS BEING CIRCULATED BY A PERSON PAID TO OBTAIN YOUR
SIGNATURE. YOU ARE ENCOURAGED TO READ THE CONTENTS OF THIS
PETITION BEFORE SIGNING."
(2)
(b) Immediately following On
each state initiative petition, immediately prior to that portion of
the petition for voters' signatures, printed names, and residence
addresses, but after the language required by
paragraph (1) subdivision (a), where applicable,
shall be printed a disclosure statement, in 14-point boldface type,
that includes the following language:
"The political committee paying for this petition to be circulated
is (insert full name of committee as registered with the Secretary
of State pursuant to Section 84101 of the Government Code).
The following donors have contributed $50,000 or more to the
(insert full name of committee as registered with the Secretary of
State pursuant to Section 84101 of the Government Code) within six
months of the printing of this petition: (insert name of each of the
top three donors who have contributed $50,000
fifty thousand dollars ($50,000) or more and, if an
individual, his or her occupation and the identity of his or her
employer)."
(b)
(c) If the information for the disclosure statement
described in paragraph (2) of subdivision
(a) (b) changes, the disclosure statement on
the petition shall be updated within 14 days.
SEC. 4. Section 9012 of the Elections Code is amended to read:
9012. (a) A petition for a proposed initiative or referendum
measure may be presented in sections, but each section shall contain
a full and correct copy of the circulating title and summary and text
of the proposed measure.
(b) Each section of a petition for a proposed initiative measure
shall bear a unique identifying number.
(c) The text of the proposed initiative or referendum measure
shall be printed in type not smaller than 8 point.
SEC. 5. Section 9021 of the Elections Code is amended to read:
9021. Each section of a petition for a proposed initiative or
referendum measure shall bear the name of a county or city and
county, and only qualified registered voters of that county or city
and county may sign that section. The circulator may sign the section
he or she is circulating as provided in Section 106.
SEC. 6. Section 9022 of the Elections Code is amended to read:
9022. (a) Each section of a petition for a proposed initiative or
referendum measure shall have attached thereto the declaration of
the person soliciting the signatures setting forth the information
required by Section 104.
(b) A person who solicits and submits
signatures for a proposed initiative measure and does not receive
money or other valuable consideration for the specific purpose of
soliciting signatures of electors shall sign an affidavit that is
prepared by the Secretary of State and that declares all of the
following:
(1) The person does not receive money or other valuable
consideration for soliciting signatures of electors for purposes
of subdivision (a) of Section 9036 .
(2) To the best of his or her knowledge, the signatures on the
petition sections circulated by him or her should be counted towards
the requirement set forth in subdivision (a) of Section 9036.
(3) The person's unique identifying number assigned pursuant to
subdivision (g) of Section 9037.
(3)
(4) The person's current place of permanent residence.
(4)
(5) If the person is not a resident of the state, he or
she consents to both of the following:
(A) The jurisdiction of the state for purposes of an investigation
or prosecution by any state or local agency regarding the validity
of the signatures submitted by him or her.
(B) Service of process for any legal action pertaining to an
investigation or prosecution by any state or local agency regarding
the validity of the signatures submitted by him or her.
(c) The circulator shall certify to the content of the declaration
as to its truth and correctness, under penalty of perjury under the
laws of the State of California, with his or her signature.
signature. The circulator shall state the date
and the place of execution on the declaration immediately preceding
his or her signature.
(d) Petitions so verified shall be prima facie evidence that the
signatures thereon are genuine and that the persons signing are
qualified voters. Unless otherwise proven upon official
investigation, it shall be presumed that the petition presented
contains the signatures of the requisite number of qualified voters.
SEC. 7. Section 9030 of the Elections Code is amended to read:
9030. (a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all sections circulated in any county or city and
county shall be filed at the same time. Once filed, no petition
section shall be amended except by order of a court of competent
jurisdiction.
(b) Within eight 10 days after the
filing of the petition, excluding Saturdays, Sundays, and holidays,
the elections official shall determine the total number of signatures
affixed to the petition and, in the case of an initiative petition,
the total number of signatures submitted for purposes of subdivision
(a) of Section 9036. The elections official shall transmit this
information to the Secretary of State. If the total number of
signatures filed with all elections officials is less than 100
percent of the number of qualified voters required to find the
petition sufficient or, in the case of an initiative petition, the
number of signatures submitted for purposes of subdivision (a) of
Section 9036 is less than 20 percent of the total number of
signatures submitted, the total number needed to
satisfy the requirement of that subdivision, the Secretary of
State shall so notify the proponents and the elections officials, and
no further action shall be taken with regard to the petition.
(c) If the number of signatures filed with all elections officials
is 100 percent or more of the number of qualified voters needed to
declare the petition sufficient and, in the case of an initiative
petition, the percentage of signatures submitted for purposes of
subdivision (a) of Section 9036 is equal to or greater than
20 percent of the number of signatures submitted, the
total number needed to satisfy the requirement of that subdivision,
the Secretary of State shall immediately so notify the
elections officials.
(d) Within 30 35 days after this
notification, excluding Saturdays, Sundays, and holidays, the
elections official shall determine the number of qualified voters who
have signed the petition and the number of qualified
voters who have signed a section of the petition that satisfies the
requirement of subdivision (a) of Section 9036 . If more than
500 names have been signed on sections of the petition filed with an
elections official, the elections official shall use a random
sampling technique for verification of signatures, as determined by
the Secretary of State. The random sample of signatures to be
verified shall be drawn in such a manner that every signature filed
with the elections official shall be given an equal opportunity to be
included in the sample. The random sampling shall include an
examination of at least 500 or 3 percent of the signatures, whichever
is greater. In determining from the records of registration the
number of qualified voters who have signed the petition, the
elections official may use the duplicate file of affidavits of
registered voters or the facsimiles of voters' signatures, provided
that the method of preparing and displaying the facsimiles complies
with law.
(e) The elections official, upon the completion of the
examination, shall immediately attach to the petition, except the
signatures thereto appended, a properly dated certificate showing the
result of the examination, including, in the case of an
initiative petition, the total number of qualified voters who signed
the sections of the petition submitted for purposes of subdivision
(a) of Section 9036, examination and shall
immediately transmit the petition and the certificate to the
Secretary of State. A copy of this certificate shall be filed in the
elections official's office.
(f) If the certificates received from all elections officials by
the Secretary of State establish that the number of valid signatures
does not equal 95 percent of the number of qualified voters needed to
find the petition sufficient or, in the case of an initiative
petition, that the number of valid signatures submitted for purposes
of subdivision (a) of Section 9036 does not equal 95 percent of the
number of qualified voters needed to satisfy the requirement
set forth in subdivision (a) of Section 9036, of that
subdivision, the petition shall be deemed to have failed to
qualify, and the Secretary of State shall immediately so notify the
proponents and the elections officials.
(g) If the certificates received from all elections officials by
the Secretary of State total more than 110 percent of the number of
qualified voters needed to find the petition sufficient and, in the
case of an initiative petition, the number of valid signatures
submitted for purposes of subdivision (a) of Section 9036 total more
than 110 percent of the number of qualified voters needed to satisfy
the requirement set forth in subdivision (a) of Section
9036, of that subdivision, the petition shall be
deemed to qualify as of the date of receipt by the Secretary of
State of certificates showing the petition to have reached
the 110 percent, received more than 110
percent of the qualified voters needed, and the Secretary of
State shall immediately so notify the proponents and the elections
officials.
(h) The Secretary of State shall enact regulations consistent with
this section.
SEC. 8. Section 9031 of the Elections Code is amended to read:
9031. (a) If the statistical sampling shows that the number of
valid signatures is within 95 to 110 percent of the number of
signatures of qualified voters needed to declare the petition
sufficient or, in the case of an initiative petition, the number of
valid signatures submitted for purposes of subdivision (a) of Section
9036 is within 95 to 110 percent of the number of signatures needed
to satisfy the requirement of subdivision (a) of Section
9036, that subdivision, the Secretary of State
shall order the examination and verification of each signature filed,
and shall so notify the elections officials.
(b) Within 30 35 days, excluding
Saturdays, Sundays, and holidays, after receipt of the order, the
elections official or registrar of voters shall determine from the
records of registration the number of qualified voters who have
signed the petition and, in the case of an initiative petition, the
number of qualified voters who have signed sections of the petition
submitted for purposes of subdivision (a) of Section 9036, and if
necessary the board of supervisors shall allow the elections official
or registrar additional assistance for the purpose of examining the
petition and provide for their compensation. In determining from the
records of registration the number of qualified voters who have
signed the petition, the elections official or registrar of voters
may use any file or list of registered voters maintained by his or
her office, or the facsimiles of voters' signatures, provided that
the method of preparing and displaying the facsimiles complies with
law.
(c) The elections official or registrar, upon the completion of
the examination, shall immediately attach to the petition, except the
signatures thereto appended, an amended certificate properly dated,
showing the result of the examination and shall immediately transmit
the petition, together with the amended certificate, to the Secretary
of State. A copy of the amended certificate shall be filed in the
elections official's office.
(d) (1) If the amended certificates establish the petition's
sufficiency, the petition shall be deemed to be filed as of the date
of receipt by the Secretary of State of certificates showing the
petition to be signed by the requisite number of voters of the state.
(2) If the amended certificates received from all elections
officials by the Secretary of State establish that the petition has
still been found insufficient, the Secretary of State shall
immediately so notify the proponents and the elections officials.
(e) The Secretary of State shall adopt regulations consistent with
this section, including, but not limited to, provisions specifying a
procedure that accounts for duplicate signatures that appear on
petitions submitted pursuant to Section 9036.
SEC. 9. Section 9036 is added to the Elections Code, to read:
9036. (a) At least 20 percent of the signatures submitted
pursuant to to satisfy the requirements of
Section 9035 shall be presented on a petition or section of a
petition that was circulated by a person who does not receive money
or other valuable consideration exclusively or primarily for the
specific purpose of soliciting signatures of electors on the
petition.
(b) (1) A person who is an employee or member of a nonprofit
organization, other than an organization in the business of
soliciting signatures on initiative petitions, who receives money or
other valuable consideration from the organization and as part of
that employment or membership solicits signatures for the
qualification of an initiative measure shall be deemed to be a person
who does not receive money or other valuable consideration for the
specific purpose of soliciting signatures of electors, unless a
primary purpose of that employment or membership is to solicit
signatures on an initiative petition.
(2) For purposes of this subdivision, "member" means any of the
following:
(A) A person who, pursuant to a specific provision of an
organization's articles of incorporation or bylaws, has the right to
vote directly or indirectly for the election of a director or
directors, or an officer or officers, or on a disposition of all or
substantially all of the assets of the organization, or on a merger
or a dissolution.
(B) A person who is designated in an organization's articles of
incorporation or bylaws as a member and, pursuant to a specific
provision of the articles of incorporation or bylaws, has the right
to vote on changes to the articles of incorporation or bylaws.
(C) A person who pays or has paid membership dues in an amount
predetermined by the organization, provided the organization is tax
exempt under Section 501(c) of the Internal Revenue Code.
(3) For purposes of this subdivision, a member of a local union is
a member of any national or international union of which the local
union is a part and of any federation with which the local, national,
or international union is affiliated.
(4) For purposes of this subdivision, a person is not a member of
a nonprofit organization solely by virtue of being on a mailing or
contact list of the organization.
(c) Signatures that are solicited by a person who is a registered
voter of a political party, a member of a political party committee
as defined in Section 85205 of the Government Code, or an employee of
a political party or a political party committee and who receives
money or other valuable consideration for soliciting signatures on an
initiative petition from the political party or political party
committee do not count towards the number of signatures needed to
satisfy the requirement of subdivision (a).
(d) (1) Signatures on an initiative petition that are solicited
through direct mail do not count towards the number of signatures
needed to satisfy the requirement of subdivision (a) if the person
soliciting the signatures through direct mail, or any other person
who organizes, pays for, or arranges for the direct mail, receives
money or other valuable consideration primarily for the purpose of
soliciting signatures of electors, unless the person is an employee
or member of a nonprofit organization as described in subdivision
(b).
(2) This subdivision shall not be construed to preclude an
organization that has a primary purpose other than soliciting
signatures on initiative petitions from soliciting signatures from
the organization's members through direct mail and relying on those
signatures for purposes of satisfying the requirement set forth in
subdivision (a).
(e) This section shall not be construed to preclude a person who
receives nominal, non-monetary benefits,
nominal benefits other than money, including food,
transportation, or lodging, from qualifying under this section as a
person who does not receive money or other valuable consideration
exclusively or primarily for the specific purpose of soliciting
signatures of electors on a petition for a proposed initiative
measure.
SEC. 10. Section 9037 is added to the Elections Code, to read:
9037. (a) A person shall not pay money or other valuable
consideration to another person for the specific purpose of
soliciting signatures of electors on an initiative or referendum
petition, and a person shall not receive money or other valuable
consideration for the specific purpose of soliciting signatures of
electors on an initiative or referendum petition, unless the person
soliciting the signatures does both of the following:
For purposes of this section, "professional petition firm" means an
entity that is created and maintained for the ex clusive
or primary purpose of paying individuals to circulate
initiative and referendum petitions for the purpose of gathering
signatures to qualify an initiative or referendum measure for a state
election ballot.
(1) Registers with the Secretary of State in the manner prescribed
by subdivision (c) and by regulations adopted by the Secretary of
State.
(2) Completes a training program prescribed by regulations adopted
by the Secretary of State.
(b) A person who is an employee or member of a nonprofit
organization, other than an organization in the business of
soliciting signatures on initiative or referendum petitions, who
receives money or other valuable consideration from the organization
and as part of that employment or membership solicits signatures for
the qualification of an initiative or referendum measure shall be
deemed to be a person who does not receive money or other valuable
consideration for the specific purpose of soliciting signatures of
electors for purposes of subdivision (a), unless a primary purpose of
that employment or membership is to solicit signatures on
an initiative or referendum petition.
(b) (1) A
professional petition firm shall register annually with the Secretary
of State. The registration form shall include the full name,
address, and partners, owners, or officers of the firm, and shall be
accompanied by a registration fee established by the Secretary of
State. The Secretary of State shall adopt regulations
providing procedures for registration pursuant to this subdivision,
including the denial and revocation of registration.
(c) The Secretary of State shall use the registration fees
collected pursuant to subdivision (b) to maintain a directory of
professional petition firms on his or her Internet Web site and to
defray any other costs associated with the requirements of this
section.
(d) A professional petition firm shall provide training to each
paid petition circulator, individually or in a group, that includes a
review of all applicable laws related to obtaining signatures on a
petition, including any prohibitions, and shall submit a copy of the
training materials to the Secretary of State. The training materials
shall be consistent with the regulations adopted by the Secretary of
State pursuant to subdivision (l).
(c)
(e) A person who is required to register with
the Secretary of State pursuant to subdivision (a) shall file an
application with the Secretary of State Prior to
soliciting signatures for an initiative or referendum petition, a
professional petition firm shall obtain from each person hired as a
paid circulator a statement that includes all of the following:
(1) The full name and any assumed name of the applicant.
person.
(2) The residential street address of the applicant.
person.
(3) An example of the signature of the applicant.
person.
(4) A list of the initiative or referendum petitions for which the
applicant person will solicit
signatures.
(5) If the applicant person has been
convicted of a criminal offense involving fraud, forgery,
identification theft, or a violation of the Elections Code,
information relating to the circumstances of the conviction, as
required by the Secretary of State.
(6) A statement signed by the applicant
person acknowledging that he or she has received training
and has read and understands a summary
of applicable laws pertaining to the soliciting of signatures
for an initiative or referendum measure , as prepared by the
Secretary of State or required by the Secretary of State by
regulation .
(7) Proof that the applicant person
has completed the training required by paragraph (2) of
subdivision (a). (d).
(8) A photograph of the applicant person
that meets all of the following requirements:
(A) Is a conventional photograph with a plain background.
(B) Shows the face or the face, neck, and shoulders of the
applicant. person.
(C) Is prepared and processed for printing as
in a format prescribed by the Secretary of State.
(9) If the applicant person is not a
resident of the state, a statement that he or she consents to both
of the following:
(A) The jurisdiction of the state for purposes of an investigation
or prosecution by any state or local agency regarding the validity
of the signatures submitted by him or her.
(B) Service of process for any legal action pertaining to the
validity of the signatures submitted by him or her.
(10) The applicant Each person
hired by a professional petition firm to circulate a state initiative
or referendum petition shall certify the content of
the application as to its truth and correctness ,
of the contents of the statement required by this
subdivision under penalty of perjury under the laws of the
State of California, with his or her signature. The
applicant certification shall state the date and
the place of execution on the application
immediately preceding his or her the person's
signature.
(d) If an applicant complies with subdivision (c), not later than
five business days after the applicant submits the application, the
Secretary of State shall register the applicant and assign the
applicant a registration number.
(e) The Secretary of State shall deny the registration of a person
who has been convicted of a criminal offense involving fraud,
forgery, or identification theft in any state, or a violation of the
Elections Code, during the five-year period prior to the date of the
application.
(f) If a person receives money or other valuable consideration for
the specific purpose of soliciting signatures of electors on an
initiative or referendum petition and the person was not registered
pursuant to this section at the time the signatures were solicited,
the signatures presented on the petition or sections of the petition
circulated by that person shall not count towards satisfying the
requirements of Sections 9030, 9031, and 9035.
(f) Within 14 days of the date of execution of the certified
statement described in subdivision (e), a professional petition firm
shall provide to the Secretary of State the name and unique
identifying number of each paid circulator assigned pursuant to
subdivision (g) and shall retain copies of each certified statement
for not less than two years after the petition is filed or two years
after the deadline for submission of the petition to the elections
officials, whichever is later. The Secretary of State may inspect the
records under reasonable conditions during normal business hours at
any time before the deadline for filing the petition or during the
period specified for retention. For purposes of this subdivision,
normal business hours means those hours that the proponent of the
initiative or referendum measure is normally open for business to the
public. The right of inspection may be enforced by writ of mandamus
issued by a court of competent jurisdiction.
(g) The Secretary of State shall assign a unique three-letter code
to each professional petition firm. Each professional petition firm
shall assign a unique four-digit identifying number to each person
hired to circulate a state initiative or referendum petition. The
professional petition firm shall include the seven-digit alphanumeric
code consisting of the three-letter code of the professional
petition firm followed by the four-digit identifying number of the
paid circulator on the top of the first page of the statement
required by subdivision (e).
(g)
(h) A person registered under this section
hired by a professional petition firm to solicit
signatures on a state initiative or referendum petition shall
wear a badge provided by the proponent of the initiative or
referendum measure that evidences the person's registration
professional petition firm when the person is soliciting
signatures on the proposed initiative or referendum petition. The
badge shall be worn in a conspicuous place and contain the
person's photograph and registration number. The Secretary
of State shall prescribe the form of the registration badge by
regulation. the seven -digit alphanumeric
code consisting of the three-letter code of the professional petition
firm followed by the four-digit identifying number of the paid
circulator pursuant to subdivision (g).
(i) (1) If a person receives money or other valuable consideration
from a professional petition firm for the purpose of soliciting
signatures of electors on an initiative or referendum petition and
was not duly trained and certified pursuant to the requirements of
this section at the time the signatures were solicited, the
signatures presented on the petition or sections of the petition
circulated by that person shall not count towards satisfying the
requirements of Sections 9030, 9031, and 9035.
(2) The Secretary of State shall provide to each county elections
official a list of the names and unique identifying numbers for paid
circulators. The county elections officials shall not count
signatures on a petition or sections of a petition circulated by paid
circulators if the name and unique identifying number of the paid
circulator on the petition pursuant to paragraph (3) of subdivision
(b) of Section 9022 does not appear on the list provided by the
Secretary of State.
(h)
(j) The registration certified
statement of a petition circulator under this section
required by subdivision (e) shall be effective
for two years from the date the Secretary of State assigns a
registration number to the applicant. Upon expiration of the
registration, the applicant may reapply in accordance with
subdivision (c). of execution. If an
applicant's the information in a person's
statement changes during the period of his or her
registration, the applicant shall amend his or her application and
file the amended application with two-year effective
period of the statement, the professional petition firm shall obtain
an amended statement and provide it to the Secretary of State
within 10 business days . If the changes relate to the
circulation of specific initiative or referendum petitions under
paragraph (4) of subdivision (c), the applicant's amended application
shall be filed with and approved by the Secretary of State prior to
the circulation of an initiative or referendum petition that was not
previously identified on the applicant's registration. The Secretary
of State shall approve or deny an amended application within five
business days from the filing of the amended application
or before the person continues to circulate initiative or
referendum petitions, whichever comes first .
(i)
(k) The Secretary of State shall revoke the
registration of a person profession
al petition firm registered under this section
who, that, in the course of circulating
an initiative or referendum petition or hiring individuals to
circulate an initiative or referendum petition , engages in
fraud, misrepresentation, or any conduct described in Section 18600,
18601, or 18602.
(j)
(l) The Secretary of State shall adopt regulations
necessary to implement this section, including, but not limited to,
regulations that do both of the following:
(1) Establish procedures for registering persons who
receive money or other valuable consideration for the specific
purpose of soliciting signatures of electors on an initiative or
referendum petition professional petition firms
.
(2) Establish criteria for a training program for
persons who receive money or other valuable consideration
for the specific purpose of soliciting hired by a
professional petition fir m to solicit signatures of
electors on an initiative or referendum petition. The training
program shall include, but is not limited to, instruction to
circulators regarding how to avoid fraud, misrepresentation, and
other misconduct in the circulation of petitions and instruction on
compliance with, and consequences for violations of, the requirements
of this section.
SEC. 11. Section 9038 is added to the Elections Code, to read:
9038. (a) As used in this section, "accounts" means all of the
following:
(1) A contract entered into by a proponent of an
initiative or referendum measure and any person for the
specific purpose of soliciting signatures on a petition.
(2) An employment manual or training materials provided to persons
who solicit signatures on a petition.
(3) Payroll records for each employee soliciting signatures on a
petition showing hours worked, number of signatures collected, and
amounts paid.
(4) Records identifying the amount and purpose of each payment
made by the received from a proponent
of an initiative or referendum measure to any contractor or
subcontractor soliciting or from any other person who
pays the professional petition firm for signatures on a
petition.
(5) Copies of petition sections circulated by persons who receive
money or other valuable consideration for the specific purpose of
soliciting signatures of electors on a petition.
(b) A proponent of an initiative or referendum measure
who professional petition firm, as defined in
subdivision (a) of Section 9037, that pays any person money or
other valuable consideration for the specific purpose of soliciting
signatures of electors on a an initiative or
referendum petition shall keep detailed accounts.
accounts, as follows: The
(1) The accounts shall be current
as of not later than the seventh calendar day after the date a
payment is made to a person for soliciting signatures on the
petition.
(2) The accounts shall be preserved for at least two years after
the deadline for filing the petition for verification of signatures
or at least two years after the date the petition is filed under
Section 9030, whichever is later.
(c) The Secretary of State shall may
review the accounts of each proponent
professional petition firm described in subdivision (b) in the
manner, and according to a regular schedule,
manner prescribed by regulations adopted by the Secretary of
State.
(d) The Secretary of State may inspect the accounts of a
proponent professional petition firm
described in subdivision (b) under reasonable conditions during
normal business hours at any time before the deadline for filing the
petition or during the period specified for retention of the accounts
under subdivision (e) paragraph (2) of
subdivision (b) . For purposes of this subdivision, normal
business hours means those hours that the proponent of the initiative
or referendum measure is normally open for business to the public.
The right of inspection may be enforced by writ of mandamus issued by
a court of competent jurisdiction.
(e) A proponent of an initiative or referendum measure shall
preserve the accounts pertaining to an initiative or referendum
petition for at least two years after the deadline for filing the
petition for verification of signatures or at least two years after
the date the petition is filed under Section 9030, whichever is
later.
(f)
(e) If a proponent of an initiative or
referendum measure professional petition firm
does not produce accounts upon demand of the Secretary of State, both
of the following shall apply:
(1) There is a rebuttable presumption that a violation of Section
9037 has occurred.
(2) The proponent professional petition
firm shall not solicit additional signatures on the petition
until the proponent professional petition
firm makes the accounts available to the Secretary of State for
inspection. Any signatures solicited in violation of this paragraph
shall not be counted towards satisfying the requirements of Sections
9030, 9031, 9035, and 9036.
(g)
(f) This section shall not be construed to require that
accounts be available for inspection by the public.
SEC. 12. Section 9039 is added to the Elections Code, to read:
9039. (a) An initiative or referendum petition section shall be
deemed invalid and shall not be used by an elections official for the
purpose of determining if whether the
initiative or referendum measure qualifies for the ballot if the
signatures are solicited and submitted by a person who , in
connection with the ci rculation of the initiative or
referendum petition, intentionally engages in fraud,
misrepresentation, or any conduct described in Section 18600, 18601,
or 18602.
(b) The relief provided for in subdivision (a) may be
obtained through a civil action brought by the Secretary of
State or any elector may enforce this section by a civil
action in which the plaintiff has the burden of showing a violation
of this section upon a showing by clear and
convincing evidence that the requirements for invalidation
described in subdivision (a) have been satisfied . Any
civil action brought pursuant to this section shall have
priority over all other matters.
(c) The relief provided for in subdivision (a) shall not be
available after the Secretary of State has certified that an
initiative or referendum petition has qualified for the ballot.
(d) If a local elections official is notified of or discovers any
conduct described in subdivision (a), the local elections official
shall promptly notify the Secretary of State.
SEC. 13. Section 18601 of the Elections Code is
amended to read:
18601. (a) A person working for the proponent or proponents of an
initiative or referendum measure or recall petition who refuses to
allow a prospective signer to read the measure or petition is guilty
of a misdemeanor.
(b) (1) An arrest or conviction pursuant to this section in
connection with a local initiative or referendum measure or local
recall petition shall not invalidate or otherwise affect the validity
of any signature solicited by the person arrested or convicted.
(2) A conviction pursuant to this section in connection with a
statewide initiative or referendum measure or statewide recall
petition shall invalidate the signatures solicited by the person
convicted.
SEC. 14. SEC. 13. Section 18602 of
the Elections Code is amended to read:
18602. A person working for the proponent or proponents of a
statewide initiative or referendum measure who covers or otherwise
obscures the summary of the measure prepared by the Attorney General
or the disclosure statement printed on the petition pursuant to
Section 9009.6 from the view of a prospective signer is guilty of a
misdemeanor.
SEC. 15. SEC. 14. The provisions of
this act shall take effect January 1, 2014, and shall apply to any
initiative or referendum petition for which the Attorney General
issued a circulating title and summary on or after October 1, 2013.
SEC. 16. SEC. 15. If the Commission
on State Mandates determines that this act contains costs mandated by
the state, reimbursement to local agencies and school districts for
those costs shall be made pursuant to Part 7 (commencing with Section
17500) of Division 4 of Title 2 of the Government Code.
