Bill Text: CA AB2045 | 2015-2016 | Regular Session | Introduced

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Bill Title: Initiative petitions.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-11-30 - Died at Desk. [AB2045 Detail]

Download: California-2015-AB2045-Introduced.html

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BILL NUMBER: AB 2045	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Harper

                        FEBRUARY 17, 2016

   An act to amend Section 9030 of the Elections Code, relating to
initiatives.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2045, as introduced, Harper. Initiative petitions.
   The California Constitution authorizes an initiative measure to be
proposed by presenting to the Secretary of State a petition of the
proposed statute or constitutional amendment that is certified to
have been signed by a certain percentage of electors. Existing law
requires each section of a petition to be filed with the elections
official of the county or city and county in which the petition was
circulated and requires the elections officials to determine the
total number of signatures affixed to the petition and transmit that
information to the Secretary of State.
   This bill would make technical, nonsubstantive changes to the
latter provision.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9030 of the Elections Code, as amended by
Section 9 of Chapter 697 of the Statutes of 2014, 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 
 a  county or city and county shall be filed at the same
time. Once filed,  no   a  petition section
shall  not  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
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, 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, the Secretary of State shall
immediately so notify the elections officials.
   (d) Within 30 days after  this notification, 
 a notification under subdivision (c),  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 what
number of qualified voters 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   if  the method of preparing and displaying
the facsimiles complies with law.
   (e) The elections official, upon  the completion of
  completing  the examination, shall immediately
attach to the petition, except the signatures  thereto
appended,   appended to the petition,  a properly
dated certificate, showing the result of the examination, and shall
immediately transmit the petition and the certificate to the
Secretary of State. A copy of  this   the 
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, 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, the
Secretary of State shall certify that the measure is qualified for
the ballot as provided in Section 9033.