Bill Text: CA AB2093 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Petitions: filings.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2014-07-09 - Chaptered by Secretary of State - Chapter 106, Statutes of 2014. [AB2093 Detail]

Download: California-2013-AB2093-Chaptered.html

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BILL NUMBER: AB 2093	CHAPTERED
	BILL TEXT

	CHAPTER  106
	FILED WITH SECRETARY OF STATE  JULY 9, 2014
	APPROVED BY GOVERNOR  JULY 9, 2014
	PASSED THE SENATE  JUNE 26, 2014
	PASSED THE ASSEMBLY  MAY 19, 2014
	AMENDED IN ASSEMBLY  MAY 13, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Grove

                        FEBRUARY 20, 2014

   An act to amend Section 9014 of the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2093, Grove. Petitions: filings.
   Existing law provides that an initiative or referendum measure may
be proposed by filing with elections officials a petition signed by
a specified number of voters. Under existing law, the proponents of
an initiative measure have 150 days to gather signatures and file the
initiative petition, and the proponents of a referendum measure have
90 days to gather signatures and file the referendum petition. Under
existing law generally, when the last day to perform an act falls on
a holiday, the time in which to perform that act is extended to the
next business day.
   This bill would specify that, if the final day to file an
initiative or referendum petition falls on a holiday, as defined, the
petition may be filed with the county elections official on the next
business day.


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

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Under the California Constitution, an initiative or referendum
measure may be proposed by presenting to the Secretary of State a
petition containing a specified number of signatures. The California
Constitution requires that a petition for a referendum measure be
submitted within 90 days of the date of enactment of the statute that
is the subject of the referendum, and state law requires that a
petition for an initiative measure be submitted within 150 days of
the date of the circulating title and summary furnished by the
Attorney General.
   (b) In some instances, the final day to submit an initiative or
referendum petition falls on a holiday, when the offices of state and
county elections officials are closed. In those circumstances, the
proponents of an initiative or referendum measure are faced with the
choice of either submitting the petition prior to the holiday, in
which case the period to gather signatures would be reduced, or
submitting the petition after the holiday, in which case the
proponents would risk rejection of the petition as untimely.
   (c) While the California Constitution specifies a period of 90
days to gather signatures for a referendum measure, it gives no
guidance as to how to construe the 90-day period in those instances
in which the final day falls on a holiday.
   (d) The courts of this state have long held that the initiative
and the referendum are sacred rights of the people and provisions of
law shall be liberally construed to give full effect to the powers of
initiative and referendum.
   (e) The framers of the California Constitution did not intend that
the powers of initiative and referendum should be frustrated by the
mere happenstance that the final day to submit a petition falls on a
holiday.
   (f) It is a general and well-accepted rule of law that, when the
last day to perform an act falls on a holiday, the time in which to
perform that act is extended to the next business day.
   (g) It is the intent of the Legislature in enacting this act to
preserve the people's rights of initiative and referendum by
clarifying that, in those instances in which the final day to submit
a petition falls on a holiday, the proponents of the initiative or
referendum measure may submit the petition on the next business day
following the holiday.
  SEC. 2.  Section 9014 of the Elections Code is amended to read:
   9014.  (a) A petition for a proposed initiative or referendum
measure shall not be circulated for signatures prior to the official
summary date.
   (b) Subject to subdivision (d), a petition with signatures for a
proposed initiative measure shall be filed with the county elections
official not later than 150 days from the official summary date, and
a county elections official shall not accept a petition for the
proposed initiative measure after that period.
   (c) Subject to subdivision (d), a petition for a proposed
referendum measure shall be filed with the county elections official
not later than 90 days from the date the legislative bill was
chaptered by the Secretary of State, and a county elections official
shall not accept a petition for the proposed referendum measure after
that period.
   (d) If the last day to file a petition pursuant to subdivision (b)
or (c) is a holiday, as defined in Chapter 7 (commencing with
Section 6700) of Division 7 of Title 1 of the Government Code, the
petition may be filed with the county elections official on the next
business day.
  SEC. 3.  This act shall not be construed to affect any matter
pending in the courts of this state on the date this act is enacted.