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 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, and 9031
9031, 18601, and 18602 of, and to add Sections
9009.5 and , 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.
This bill would require at least 20% of the signatures on a
petition for an initiative measure, and at least 20% of the
signatures used to verify the qualification of an initiative measure,
measure to be collected and
submitted by persons who qualify as 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 obtaining 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 collected and
submitted by persons who qualify as a person who
does who do not receive money or other valuable
consideration for the specific purpose of obtaining
soliciting signatures of electors, as specified.
The bill would include specified findings and declarations
of the Legislature in support of these policies.
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.
(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, 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 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
showing a violation by 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.
(4)
(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 powerful,
out-of-state 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 volunteers and grassroots
organizations voters to participate in direct
democracy, now the integrity of the initiative process has
been corrupted by 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, the presence of an initiative measure on the ballot is no
longer viewed as an expression of a minimum amount of public support
but, rather, the willingness of a special interest 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.
(7) In
organizations. 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) Due to the prevalence of paid circulators, 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) 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 incentive to educate voters about an initiative
petition but, instead, is motivated solely 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) The Because the use of paid
circulators has been associated with coercive and misleading tactics
to collect signatures from the public. As a result,
signatures, the public is dissatisfied with the
initiative process.
(10) The presence of an initiative measure on the ballot is no
longer viewed as an expression of a minimum amount of public support
but, rather, the willingness of a special interest to pay a
sufficient number of petition circulators to use whatever means
necessary to qualify the initiative measure for the ballot.
(11) 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.
(12)
(10) 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 obtaining
soliciting signatures of electors, as
described in subdivision (c) of 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 obtaining
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 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 TO THE PUBLIC: THIS PETITION IS BEING CIRCULATED BY A
PERSON PAID TO OBTAIN YOUR SIGNATURE. READ THE CONTENTS OF THIS
PETITION BEFORE SIGNING."
(2) Immediately following the language required by paragraph (1)
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 or more and, if an
individual, his or her occupation and the identity of his or her
employer)."
(b) If the information for the disclosure statement described in
paragraph (2) of subdivision (a) changes, the disclosure statement on
the petition shall be updated within 14 days.
SEC. 3. 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. 4. 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. 5. 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 qualifies to collect
solicits and submit submits
signatures for a proposed initiative measure and who is a
person who does not receive money or other valuable
consideration for the specific purpose of obtaining
soliciting signatures of electors
within the meaning of subdivision (c) of Section 9036 shall
sign an affidavit that is prepared by the Secretary of State and
that declares all of the following:
(1) The person is a person who does not receive
money or other valuable consideration for the specific
purpose of obtaining soliciting signatures of
electors within the meaning of subdivision (c) 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 requirements requirement set forth
in subdivisions (a) and (b) subdivision (a)
of Section 9036.
(3) The person's current place of permanent residence.
(4) 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 the his
or her signature of his or her name . 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. 6. 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 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 by persons who qualify under
for purposes of subdivision (c)
(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, sufficient or
, in the case of an initiative petition , the
number of signatures submitted by persons who qualify under
for purposes of subdivision (c)
(a) of Section 9036 is less than 20 percent of
the total number of signatures submitted, 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 by persons
who qualify under for purposes of subdivision
(c) (a) of Section 9036 is equal to or
greater than 20 percent of the number of signatures submitted, the
Secretary of State shall immediately so notify the elections
officials.
(d) Within 30 days after this notification, excluding Saturdays,
Sundays, and holidays, the elections official shall determine the
number of qualified voters who have signed the petition. 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 by persons who qualify
under for purposes of subdivision (c)
(a) of Section 9036, 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 by
persons who qualify under for purposes of
subdivision (c) (a) of Section 9036
does not equal 95 percent of the number of qualified voters needed to
satisfy the requirements of requirement set
forth in subdivision (a) of Section 9036, 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 by persons who qualify under for
purposes of subdivision (c) (a)
of Section 9036 total more than 110 percent of the number of
qualified voters needed to satisfy the requirements of
requirement set forth in subdivision (a) of
Section 9036, 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, 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. 7. 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 collected by persons who qualify under
submitted for purposes of subdivision
(c) (a) of Section 9036 is within 95 to 110
percent of the number of signatures required by
needed to satisfy the requirement of subdivision (a) of
Section 9036, the Secretary of State shall order the examination and
verification of each signature filed, and shall so notify the
elections officials.
(b) Within 30 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 by persons who qualify
under for purposes of subdivision (c)
(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.
SEC. 8. SEC. 9. Section
9036 is added to the Elections Code, to read:
9036. (a) At least 20 percent of the signatures of
registered voters collected and submitted pursuant to
Section 9035 shall have been obtained by persons who do
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 obtaining soliciting
signatures of electors on a petition for a proposed
initiative measure. the petition.
(b) At least 20 percent of the signatures collected and used to
verify the qualification of an initiative measure pursuant to
Sections 9030 and 9031 shall have been obtained by persons who do not
receive money or other valuable consideration for the specific
purpose of obtaining signatures of electors on a petition for a
proposed initiative measure.
(c) For purposes of this article, the following persons qualify as
a "person who does not receive money or other valuable consideration
for the specific purpose of obtaining signatures of electors":
(1) A person who does not receive money or other valuable
consideration exclusively or primarily for the purpose of obtaining
signatures of electors on a petition for a proposed initiative
measure.
(2)
(b) (1) A person who is an
employee or member of an a
nonprofit organization, other than an organization in the
business of collecting soliciting
signatures on initiative petitions, who is paid by
receives money or other valuable consideration from the
organization and as part of that employment obtains
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).
(d)
(e) This section shall not be construed to preclude a
person who receives nominal, non-monetary benefits, including food,
transportation, or lodging, from qualifying under
subdivision (c). 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:
(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.
(c) 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 that includes all of the following:
(1) The full name and any assumed name of the applicant.
(2) The residential street address of the applicant.
(3) An example of the signature of the applicant.
(4) A list of the initiative or referendum petitions for which the
applicant will solicit signatures.
(5) If the applicant 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 acknowledging that he or
she has read and understands applicable laws pertaining to the
soliciting of signatures for an initiative or referendum measure.
(7) Proof that the applicant has completed the training required
by paragraph (2) of subdivision (a).
(8) A photograph of the applicant 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.
(C) Is prepared and processed for printing as prescribed by the
Secretary of State.
(9) If the applicant 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 shall certify the content of the application as
to its truth and correctness, under penalty of perjury under the
laws of the State of California, with his or her signature. The
applicant shall state the date and the place of execution on the
application immediately preceding his or her 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.
(g) A person registered under this section shall wear a badge
provided by the proponent of the initiative or referendum measure
that evidences the person's registration when the person is
soliciting signatures on the proposed initiative or referendum
petition. The badge shall contain the person's photograph and
registration number. The Secretary of State shall prescribe the form
of the registration badge by regulation.
(h) The registration of a petition circulator under this section
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). If an applicant's information changes during the
period of his or her registration, the applicant shall amend his or
her application and file the amended application with 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.
(i) The Secretary of State shall revoke the registration of a
person registered under this section who, in the course of
circulating an initiative or referendum petition, engages in fraud,
misrepresentation, or any conduct described in Section 18600, 18601,
or 18602.
(j) 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.
(2) Establish a training program for persons who receive money or
other valuable consideration for the specific purpose of soliciting
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 proponent of an initiative or referendum measure to any
contractor or subcontractor soliciting 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 pays
any person money or other valuable consideration for the specific
purpose of soliciting signatures of electors on a petition shall keep
detailed accounts. 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.
(c) The Secretary of State shall review the accounts of each
proponent described in subdivision (b) in the manner, and according
to a regular schedule, prescribed by regulations adopted by the
Secretary of State.
(d) The Secretary of State may inspect the accounts of a proponent
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). 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) If a proponent of an initiative or referendum measure 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 shall not solicit additional signatures on the
petition until the proponent 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) 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 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
conduct described in Section 18600, 18601, or 18602.
(b) 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 by clear and convincing evidence.
SEC. 13. Section 18601 of the Elections
Code is amended to read:
18601. Any (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
obtained 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. Section 18602 of the Elections
Code is amended to read:
18602. Any 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. 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. 9. SEC. 16. 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.
