Bill Text: CA AB421 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Elections: referendum measures.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Passed) 2023-09-08 - Chaptered by Secretary of State - Chapter 162, Statutes of 2023. [AB421 Detail]
Download: California-2023-AB421-Amended.html
cited as, cited, as the Referendum Accountability Act of 2023.
Section 101 of the Elections Code is amended to read:
Section 104 of the Elections Code is amended to read:
Section 107 of the Elections Code is amended to read: measure initiative measure or, in the case of a statewide referendum measure, the question included in the ballot label and the ballot title and summary.In the event thatIf the Attorney General is a proponent of a proposed measure, the circulating title and summary of the chief purpose and points of the proposed measure, including an estimate or opinion on the financial impact of the measure, if applicable, shall be prepared by the Legislative Counsel, and the other duties of the Attorney General specified in this chapter with respect to the circulating title and ballot title and summary and an estimate of the financial effect of the measure shall be performed by the Legislative
Counsel.
Section 9004 of the Elections Code is amended to read: issue. issue, including a ballot title that is in the form of a question as specified in subdivision (b) of Section 303. The circulating title and summary shall not exceed a total of 100 words. No fiscal analysis shall be included.
Section 9007 of the Elections Code is amended to read:
Section 9009.5 is added to the Elections Code, to read:
Section 9010 of the Elections Code is amended to read:
Section 9012 of the Elections Code is amended to read:
Section 9014 of the Elections Code is amended to read:
Section 9020 of the Elections Code is amended to read:
Section 9023 is added to the Elections Code, to read:
Article 2.5 (commencing with Section 9025) is added to Chapter 1 of Division 9 of the Elections Code, to read:
Section 9030 of the Elections Code is amended to read:
Section 9031 of the Elections Code is amended to read:
Section 9034 of the Elections Code is amended to read:
Section 9036 is added to the Elections Code, to read: exclusively or primarily for the specific purpose of soliciting signatures of electors on the petition. state, county, city, or district statute or ordinance referred to the voters of the respective jurisdiction as a referendum measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words “Shall the statute (or ordinance)
ordinance (stating the nature thereof, including any identifying number or title) be adopted?” Opposite the statement of the statute or ordinance to be voted on and to its right, or immediately below if there is not sufficient space opposite the statement or of the ordinance and to its right, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the adoption of the ordinance or statute.
ordinance.
If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. “No.” “No”, except for a statewide referendum measure. The ballot label for a statewide referendum measure shall be followed by the words, “Keep the law” and “Overturn the law”.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
This act shall apply only to a proposed initiative or referendum measure for which the official summary date occurs on or after the effective date of this act.
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.
Bill Title: Elections: referendum measures.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Passed) 2023-09-08 - Chaptered by Secretary of State - Chapter 162, Statutes of 2023. [AB421 Detail]
Download: California-2023-AB421-Amended.html
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Amended
IN
Assembly
April 12, 2023 |
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Amended
IN
Assembly
March 23, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 421
| Introduced by Assembly Member Bryan (Coauthors: Assembly Members Addis, Bennett, Berman, Boerner Horvath, Bonta, Connolly, Mike Fong, Gabriel, Haney, Hart, Kalra, Lee, McKinnor, Ortega, Blanca Rubio, Santiago, Schiavo, and Ward) (Coauthors: Senators Blakespear, Gonzalez, Portantino, and Wiener) |
February 02, 2023 |
An act to amend Sections 101, 104, 107, 303, 303.5, 9003, 9004, 9006, 9007, 9010, 9012, 9014, 9020, 9030, 9031, and 9034 9034, 9050, 9051, 13120, and 13247 of, and to add Sections 9009.5, 9023, and 9036 9036, and 9037 to, and to add Article 2.5 (commencing with Section 9025) to Chapter 1 of Division 9 of, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 421, as amended, Bryan.
Elections: initiatives.
(1) Existing law requires a state or local initiative, referendum, or recall petition to 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. Existing law requires specified language to be printed across the top of each page of a referendum. Existing law also requires each section of a petition or paper submitted to an elections official to have an attached declaration that includes information about its circulator.
This bill, the Referendum Accountability Act of 2023, would, for a proposed statewide referendum measure or statewide initiative measure, instead require a specified disclosure notifying the public that the petition circulator is receiving money or other valuable consideration for the purpose of soliciting
signatures, or that the person is a volunteer or employee of a nonprofit organization. The bill would, for specified statewide initiative measures and for statewide referendum measures, require additional information be printed on the first page of the petition.
This bill would also require the Secretary of State to design and administer a training program for petition circulators, as specified. The bill would require paid petition circulators, and those paying them, to register with the Secretary of State, and it would also require a circulator’s unique registration number to be included in each section of the petition or paper submitted to an elections official. The bill would require that a circulator or person that pays money or other valuable consideration to a circulator lose registration status and be ineligible for registration for five years if the
circulator
or person is convicted of certain offenses or if a determination is made that the circulator or person violated any law relating to the circulation of a ballot measure petition, as specified. The bill would specify that petition signatures gathered by a petition circulator who is required to be registered, but who is not, are prohibited from being counted.
(2) Existing law requires the Attorney General to prepare a circulating title and summary of the chief purposes and points of the proposed measure, as specified. Existing law regulates when a petition for a proposed initiative measure may be circulated. Under existing law, a petition with signatures for a proposed initiative measure must be filed with the county elections official not later than 180 days from the official summary date, as
specified.
This bill would require initiative measures that propose to repeal or amend, either directly or indirectly, a statute or portion of a statute enacted by the Legislature Legislature, except as specified, that are submitted to the Attorney General within two years of the statute’s enactment be filed with the county elections official not later than 90 days from the official summary date, as specified. The bill would require the Attorney General to make a determination of whether the proposed initiative measure is required to be filed within this timeframe.
(3) Existing law requires each section of the petition to be filed with the elections official of the county or city and county for which it was
circulated, as specified. Under existing law, the elections official is required to determine the total number of signatures affixed to the petition within 8 days after the filing, as specified. Existing law requires the Secretary of State to notify an elections official if the number of signatures filed with all elections officials is 100% or more of the number of qualified voters needed to declare the petition sufficient. Existing law requires an elections official to determine the number of qualified voters who have signed the petition within 30 days after the notification, as specified. Existing law requires an elections official to use a random sampling technique for verification of signatures if more than 500 names appear on sections of the filed petition.
This bill would require an elections official to determine the total number of signatures affixed to the petition within 10 days after the filing of the petition, as specified. The bill would require an
elections official to determine the number of qualified voters who have signed the petition within 35 days after notification, as specified. The bill would also require a second random sample of signatures be drawn from all petition sections submitted in the case of a specified proposed statewide referendum measure or statewide initiative measure.
(4) Existing law requires the Secretary of State to order the examination and verification of the signatures filed if statistical sampling shows that the number of valid signatures is within 95 to 110% of the number of signatures of qualified voters needed to declare the petition sufficient. Existing law requires an elections official or registrar of voters to determine, within 30 days after receipt of the order, from records of registration the number of qualified voters who have signed the petition, as specified.
This bill would, for a petition for a
specified statewide referendum measure or a statewide initiative measure, require that at least 10% of the required signatures on a petition or section thereof be circulated by a person who does not receive money or other valuable consideration exclusively or primarily for the specific purpose of soliciting signatures, as specified. The bill would, for a specified statewide referendum measure or a statewide initiative measure, require the Secretary of State to order an examination and verification of each signature filed to satisfy this requirement if the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110% of the number of qualified voters needed to find the petition sufficient but the number of signatures needed to satisfy the above requirement is within 95 to 110%. The bill would extend to 35 days after receipt of the order the deadline to determine the number of qualified voters who have signed a section of the petition that is subject to
examination, as specified.
(5) Because this bill would impose new requirements on local elections officials officials, 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 the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may beSEC. 2.
(a) The Legislature hereby finds and declares all of the following:(1) In 1911, voters amended the California Constitution to reserve for themselves the initiative and referendum powers because financially
powerful interests, including railroad companies, exercised a corrupting and disproportionate influence over state politics. However, the initiative and referendum processes have been commandeered in modern times by corporate and other special interests willing to pay 10—and sometimes hundreds—of millions of dollars to qualify and pass initiative and referendum measures.
(2) In order to qualify unpopular initiatives and referenda for the ballot, these corporate and special interests hire paid signature gatherers to collect signatures on a per-signature basis, thereby creating a perverse financial incentive for the signature gatherers to provide false information to voters for purposes of obtaining their signatures, especially regarding measures that do not have substantial popular appeal.
(3) Recently in California, numerous signature gatherers who were paid on a per-signature basis were caught providing false information to voters about the contents and sponsor of two referendum measures that qualified for the ballot. This deception of voters undermines the integrity not only of California’s electoral process but also of its legislative process, because the result is to stay, amend, or repeal the operation of laws duly enacted by the Legislature.
(4) Establishing a system that requires ballot measure proponents to obtain a threshold number of signatures from sources other than signature gatherers paid on a per-signature basis will restore balance to the system by ensuring that there is sufficient grassroots support from individuals who are not incentivized to
misrepresent the contents of the petition for direct personal financial gain.
(b) Therefore, it is the intent of the Legislature in enacting this act to do all of the following:
(1) Address a lack of transparency in the signature gathering process by implementing identification requirements that enable petition signers to identify and report legal violations of signature gatherers, without sacrificing the anonymity of the signature gatherer.
(2) Require entities funding the circulation of the
petition to be disclosed on the face of the petition, and require signers to acknowledge they have reviewed the information, so that it is more difficult for signature gatherers to hide the information from the voter who is signing the petition.
(3) Ensure that petitions have sufficient public support from informed voters to be placed on the ballot by requiring at least 10 percent of the signatures needed to qualify a referendum or an initiative that amends or repeals a statute within two years of enactment be obtained by volunteer signature gatherers.
(4) Promote accountability of signature gatherers by requiring the Secretary of State to design and administer a
training program for petition circulators to educate them on the importance of truthfulness in the signature gathering process and compliance with the new requirements.
(5) Discourage fraud and misrepresentation among signature gatherers by requiring them to register with the Secretary of State.
(6) Provide an enforcement mechanism by invalidating signatures collected by anyone who violates these requirements.
(7) Facilitate administrative efficiency by requiring all petitions to be numbered and
include the paid signature gatherer’s unique registration number to aid in the Secretary of State’s review of petitions during the certification process and in the event petitions are not circulated in compliance with the law.
SEC. 2.SEC. 3.
Section 101 of the Elections Code is amended to read:101.
(a) Notwithstanding any other law, except as provided in subdivision (b), a state or local initiative, referendum, or recall petition required to be signed by voters shall contain in 11-point type, before that portion of the petition for voters’ signatures, printed names, and residence addresses, the following language, in order:(1) “NOTICE TO THE PUBLIC:”. This text shall be in a boldface type.
(2) If the petition includes the disclosure statement described by subdivision (b) of Section 107, the text “SIGN ONLY IF IT IS THE SAME MONTH SHOWN
IN THE OFFICIAL TOP FUNDERS OR YOU SAW AN “OFFICIAL TOP FUNDERS” SHEET FOR THIS MONTH.” This text shall be in a boldface type.
(3) “THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.” This text shall be in a non-boldface type.
(b) Notwithstanding any other law, a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 required to be signed by voters shall include the disclosure statement described by subdivision (b) of Section 107 and contain in 11-point type, before that portion of the petition for voters’ signatures, printed names, and residence addresses, the following language, in order:
(1) “NOTICE TO THE PUBLIC:”. This text shall be in a boldface type.
(2) Next shall appear, on a separate horizontal line, the text “SIGN ONLY IF YOU REVIEWED THE OFFICIAL TOP FUNDERS BOX DISCLOSURE ON THIS PAGE.” This text shall be in a boldface type.
(3) Next, on a separate horizontal line, either of the following, as applicable:
(A) If the petition is circulated by a person who receives money or other valuable consideration for the specific purpose of soliciting signatures of
electors on the petition, except as provided by subdivision (b) of Section 9036, the text “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.”
(B) If the petition is circulated by a person who does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors on the petition or by a person described in subdivision (b) of Section 9036, the text “THIS PETITION IS BEING CIRCULATED BY A VOLUNTEER OR AN EMPLOYEE OF A NONPROFIT ORGANIZATION. YOU ARE ENCOURAGED TO READ THE CONTENTS OF THIS PETITION BEFORE SIGNING.”
(c) A state initiative petition shall contain, in the same location and type size described in subdivision (b), the
following language in a non-boldface type: “THE PROPONENTS OF THIS PROPOSED INITIATIVE MEASURE HAVE THE RIGHT TO WITHDRAW THIS PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE BALLOT.”
SEC. 3.SEC. 4.
Section 104 of the Elections Code is amended to read:104.
(a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth, in the circulator’s own hand, the following:(1) The printed name of the circulator.
(2) The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.
(3) The dates between which all the signatures to the petition or paper were obtained.
(4) The For circulators required to register with the Secretary of State pursuant to Section 9027, the unique registration number assigned to the circulator by the Secretary of State pursuant to subdivision (c) of Section 9027.
(5) The declarations required by Section 9023, if applicable.
(b) Each declaration submitted pursuant to this section shall also set forth the following:
(1) That the circulator circulated
that section and witnessed the appended signatures being written.
(2) That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.
(3) That the circulator is 18 years of age or older.
(4) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, that the circulator showed each signer a valid and unfalsified “Official Top Funders” sheet, as required by Section 107.
(c) The circulator shall certify 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 signature of the circulator’s name. The circulator shall state the date and the place of execution on the declaration immediately preceding the circulator’s signature.
SEC. 4.SEC. 5.
Section 107 of the Elections Code is amended to read:107.
(a) (1) A committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition shall create an Official Top Funders sheet as follows, with all text in a black roman type with a type size of 14 point on a plain, contrasting background, and centered horizontally, except as described below. None of the text shall have its type condensed or have the spacing between characters reduced to be narrower than a normal roman type. Unless otherwise specified, the text shall not be boldface type.(2) At the top of the sheet shall appear the text “OFFICIAL TOP FUNDERS. Valid only for”,
followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. This text shall be boldface type and with a type size of at least 16 point.
(3) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear the title of the initiative, referendum, or recall as it appears on the petition, in all capital letters.
(4) (A) Next, separated by a blank horizontal line from the text in paragraph (3), shall appear a disclosure statement in a printed or drawn box with a black border.
(B) At the top of the disclosure statement shall appear the text “Petition circulation
paid for by” in boldface type.
(C) Next, on a separate horizontal line, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code. If the committee has any top contributors as defined in subdivision (c) of Section 84501 of the Government Code, it shall be followed by a blank horizontal line and then the underlined text “Committee major funding from:”.
(D) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of
Section 84501 of the Government Code, on the first line.
(E) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text pursuant to this subparagraph shall be separated from the text above and below it by a blank horizontal line.
(F) The following line shall include the text “Latest Official Top Funders:” followed by either (i) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to subdivision (f), or (ii) the internet website described in subdivision (c).
(5) If the petition is a state initiative petition, next, separated by at
least two blank horizontal lines from the disclosures of paragraphs (4) and (5), shall appear the text “OFFICIAL TITLE AND SUMMARY (SAME AS ON PETITION)”, in boldface type in all capital letters.
(6) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the text “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”, in boldface type with a type size of 11 point.
(7) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the Attorney General summary of the initiative as it appears on the initiative petition, in plain text with a type size of 11 point.
(b) Notwithstanding any other law, except as provided in subdivision (b) of Section 101, a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee formed pursuant to Section 82013 of the Government Code shall either include a disclosure statement on the petition that is displayed as follows or the circulator for the petition shall present as a separate document the Official Top Funders sheet described in subdivision (a) to a prospective signer of the petition.
(1) The disclosure statement shall have a solid white background and shall be in a printed or drawn box with a black border and shall appear before that portion of the petition for voters’ signatures, printed names, and residence addresses. The text in the disclosure area shall be in a
black Arial equivalent type with a type size of at least 10 point, with all lines centered horizontally in the disclosure area.
(2) The top of the disclosure shall include the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. The text of this paragraph shall be boldface.
(3) Next shall appear, on a separate horizontal line, the text “Petition circulation paid for by”, followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code. If the committee has any top contributors as defined in subdivision (c)
of Section 84501 of the Government Code, it shall be followed by, on a separate horizontal line, the underlined text “Committee major funding from:”.
(4) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.
(5) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text in this paragraph shall be separated from the text above and below it by a blank
horizontal line.
(6) The following line shall include the text “Latest info:” followed by the URL for either (A) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to subdivision (f), or (B) the internet website described in subdivision (c). The text specified in this paragraph shall be underlined.
(c) Any committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition may create a page on an internet website that includes both of the following:
(1) A prominent link to the most recent Official Top Funders sheet as described in subdivision
(a). The Official Top Funders sheet that the page links to shall be in a format that allows it to be viewed on an internet website and printed out on a single page of paper.
(2) A prominent link to the full text of the initiative or referendum.
(d) The disclosure of a top contributor or endorser pursuant to this section need not include terms such as “incorporated,” “committee,” “political action committee,” or “corporation,” or abbreviations of these terms, unless the term is part of the contributor’s or endorser’s name in common usage or parlance.
(e) If this section requires the disclosure of the name of a top contributor that is a committee pursuant to subdivision (a) of Section 82013 of the Government
Code and is a sponsored committee pursuant to Section 82048.7 of the Government Code with a single sponsor, only the name of the single sponsoring organization shall be disclosed.
(f) A committee that circulates a state initiative, referendum, or recall petition shall submit the Official Top Funders sheet required by subdivision (a), and any updates to that statement, to the Secretary of State, who shall post that statement on the Secretary of State’s internet website along with the previous versions the committee submitted.
(g) This section does not require a local elections official to verify the accuracy of the information required by this section or to re-approve
reapprove the petition upon any updates the committee makes.
(h) Signatures collected on an initiative, referendum, or recall petition are not invalid solely because the information required by this section was absent or inaccurate.
(i) For purposes of this section, “endorser” means:
(1) A business that has been in existence for at least two years and has had at least one full-time staffer during that period.
(2) A non-profit nonprofit organization that was not
originally created for the purposes of serving as a committee, that has been in existence for at least two years, and either has received contributions from more than 50 donors in that period or has had at least one full-time staffer during that period.
(3) A political party.
(4) An individual, whose name may include their title if they are an elected official or represent one of the organizations described in paragraph (1), (2), or (3).
SEC. 6.
Section 303 of the Elections Code is amended to read:303.
(a) “Ballot label” means that portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, except as provided in subdivision (b), the ballot label shall contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c) of Section 9051.(b) For a statewide referendum measure, the ballot label shall include the ballot title in the form of a question, as follows: “Should California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]?” The ballot title shall be followed by a condensed version of the ballot summary of no more than 50 words containing the chief purposes and points of the measure. The condensed ballot title and summary shall be followed by a list of the top contributors, as defined in subdivision (c) of Section 84501 of the Government Code, to the committee making the largest cumulative
expenditures to keep the law as of the date the measure qualified for the ballot followed, on a separate horizontal line, by the top contributors to the committee making the largest cumulative expenditures to overturn the law as of the date the measure qualified for the ballot, as described in subdivision (d) of Section 9051.
SEC. 7.
Section 303.5 of the Elections Code is amended to read:303.5.
(a) “Ballot title” is the name of a statewide(b) (1) “Ballot title and summary” means
means, for a statewide initiative measure, the summary of the chief purpose and points including the fiscal impact summary of any measure that appears in the state voter information guide. The ballot title and summary for a statewide initiative measure shall include a statement of the measure’s fiscal impact. The ballot title and summary for a statewide initiative measure shall not exceed 100 words, not including the fiscal impact statement.
(2) For a statewide referendum measure, “ballot title and summary” means the ballot title that is in the form of a question, as specified in subdivision (b) of Section
303, followed by a summary of the chief purpose and points of any measure that appears in the state voter information guide, including the fiscal impact summary. The ballot title and summary for a statewide referendum measure shall not exceed 100 words, not including the fiscal impact statement.
(c) (1) “Circulating title and summary” means the text that is required to be placed on a petition for signatures that is either one of the following:
(A) The summary of the chief purpose and points of a proposed initiative measure that affects the Constitution or laws of the state, and the fiscal impact of the proposed initiative measure.
(B) The summary of the chief purpose and points of a referendum measure that affects a law or laws of the state.
state, which includes the ballot title that is in the form of a question as specified in subdivision (b) of Section 303.
(2) The circulating title and summary shall not exceed 100 words, not including the fiscal impact summary. summary for a statewide initiative measure.
SEC. 8.
Section 9003 of the Elections Code is amended to read:9003.
SEC. 5.SEC. 9.
Section 9004 of the Elections Code is amended to read:9004.
(a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the Attorney General shall prepare a circulating title and summary of the chief purposes and points of the proposed measure. The circulating title and summary shall not exceed 100 words. The Attorney General shall also provide a unique numeric identifier for each proposed initiative measure. The circulating title and summary shall be prepared in the manner provided for the preparation of ballot titles and summaries in Article 5 (commencing with Section 9050), the provisions of which, in regard to the preparation, filing, and settlement of ballot titles and summaries, are applicable to the circulating title and summary.(b) (1) At the time of preparing a circulating title and summary for a proposed initiative measure, the Attorney General shall determine if the measure is a measure described in paragraph (2) of subdivision (b) of Section 9014.
(2) A determination made by the Attorney General pursuant to this subdivision shall not be set aside by a court except upon clear and convincing proof that the determination is in error.
(c) The Attorney General shall provide a copy of the circulating title and summary, its unique numeric identifier, and the determination made pursuant to subdivision (b) to the proponents and to the Secretary of State within 15 days after receipt of the fiscal estimate or opinion prepared by
the Department of Finance and the Legislative Analyst pursuant to Section 9005. The date the copy is delivered or mailed to the proponents is the “official summary date.”
(d) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.
SEC. 10.
Section 9006 of the Elections Code is amended to read:9006.
(a) Upon receipt of the text of a proposed referendum, the Attorney General shall prepare a circulating title and summary of the chief purpose and points of the proposed statute at(b) The Attorney General shall provide a copy of the circulating title and summary of the proposed referendum to the proponents and to the Secretary of State within 10
days after receipt of the proposed referendum.
(c) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.
SEC. 6.SEC. 11.
Section 9007 of the Elections Code is amended to read:9007.
Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Attorney General shall forthwith transmit copies of the text of the measure, the circulating title and summary, and the determination made pursuant to subdivision (b) of Section 9004 to the Senate and the Assembly. The appropriate committees of each house may hold public hearings on the subject of the measure. However, nothing in this section shall be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.SEC. 7.SEC. 12.
Section 9009.5 is added to the Elections Code, to read:9009.5.
(a) For a proposed statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the first page of the petition shall be in substantially the following form and in sans serif type unless otherwise specified:(1) At the top of the page, in at least 11-point type, include the following:
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
OFFICIAL TITLE AND SUMMARY
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed
measure:
[Here set forth the Attorney General’s unique numeric identifier placed before the circulating title and summary prepared by the Attorney General.]
(2) Next, separated by a blank horizontal line from the text in paragraph (1), shall appear the text “OFFICIAL TOP FUNDERS. Valid:”, followed by the month, date, and year of the top contributors as defined in subdivision (c) of Section 84501 of the Government Code as of the date the petition is printed. If the top contributors change or a new contributor qualifies as a top contributor during petition circulation, disclosure of the top contributors listed on the petition shall be updated to reflect the new top contributors within five business days. This text shall be centered in at least 16-point, boldface type.
(3) (A) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear a disclosure statement in a printed
box with a black border.
(B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” centered in 14-point, boldface type.
(C) Next, centered on a separate horizontal line in at least 14-point type, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code or, if the proposed measure is circulated by a committee pursuant to subdivision (b) or (c) of Section 82013 of the Government Code, the name that the committee is required to use on campaign statements pursuant to subdivision (o) of Section 84211 of the Government Code. It shall be followed by a blank horizontal line and then, if the committee has top contributors as
defined in subdivision (c) of Section 84501 of the Government Code, the underlined text “Committee major funding from:” shall appear centered in at least 14-point type.
(D) The top contributors, if any, shall each be centered in at least 14-point, boldface type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.
(E) Next, separated by a blank horizontal line, the following line shall include the text “Latest Official Top Funders:” followed by either (i) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements or (ii) an internet
website created or maintained by the committee that prominently includes the information required by this section and a prominent link to the full text of the initiative measure. This text shall appear centered in at least 14-point type.
(4) Next, separated by a blank horizontal line from the bottom of the border, the disclosure statements required by subdivision (b) of Section 101 in at least 11-point type.
(5) Next, separated by a blank horizontal line from the text in paragraph (4), the portion of the petition for voters’ signatures, printed names, and residence addresses and the declaration of circulator shall be printed as provided in Sections 100, 104, and 9020 in at least 8-point type.
(6) The petition section
number described in subdivision (b) of Section 9028 shall be included anywhere on the first page of every petition section in at least 8-point type.
(b) Notwithstanding any other law, the portion of the petition for voters’ signatures, printed names, and residence addresses shall appear only on the first page of a petition for a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014.
(c) Notwithstanding subdivision (g) or (h) of Section 107, signatures collected on a petition for a proposed statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall be invalid and not counted for purposes of determining whether the measure qualifies for the ballot if the information required by this section is absent or
inaccurate, if the date a petition was signed by a voter is not included or is more than five business days after the date of a change in the top contributors, or if the voter does not include their initials as required by paragraph (2) of subdivision (b) of Section 9020.
SEC. 8.SEC. 13.
Section 9010 of the Elections Code is amended to read:9010.
(a)For a proposed statewide referendum measure, the first page of the petition shall be in substantially the following form and in sans serif type unless otherwise specified:(1) At the top of the page, include the following, in at least 11-point type:
REFERENDUM AGAINST AN ACT PASSED BY THE LEGISLATURE
OFFICIAL TITLE AND SUMMARY
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the statute proposed for rejection:
[Here
set forth the Attorney General’s unique numeric identifier placed before the circulating title and summary prepared by the Attorney General.]
(2) Next, separated by a blank horizontal line from the text in paragraph (1), shall appear the text “OFFICIAL TOP FUNDERS. Valid:”, followed by the month, date, and year of the top contributors as defined in subdivision (c) of Section 84501 of the Government Code as of the date the petition is printed. If the top contributors change or a new contributor qualifies as a top contributor during petition circulation, disclosure of the top contributors on the petition shall be updated to reflect the new top contributors within five business days. This text shall be centered in at least 16-point boldface type.
(3) (A) Next,
separated by a blank horizontal line from the text in paragraph (2), shall appear a disclosure statement in a printed box with a black border.
(B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” centered in at least 14-point boldface type.
(C) Next, centered on a separate horizontal line in at least 14-point type, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code or, if the proposed measure is circulated by a committee pursuant to subdivision (b) or (c) of Section 82013 of the Government Code, the name that the committee is required to use on campaign statements pursuant to subdivision (o) of Section 84211 of the Government
Code. It shall be followed by a blank horizontal line and then, if the committee has top contributors as defined in subdivision (c) of Section 84501 of the Government Code, the underlined text “Committee major funding from:” shall appear centered in at least 14-point type.
(D) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be centered in at least 14-point boldface type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.
(E) The following line shall include the text “Latest Official Top Funders:” followed by either (i) the
internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements or (ii) an internet website created or maintained by the committee that prominently includes the information required by this section and a prominent link to the full text of the referendum measure. This text shall appear centered in at least 14-point type.
(4) Next, separated by a blank horizontal line from the bottom of the border, the disclosure statements required by subdivision (b) of Section 101 in at least 11-point type.
(5) Next, separated by a blank horizontal line from the text in paragraph (4), the portion of the petition for voters’ signatures, printed names, and residence addresses and the declaration of circulator shall be printed as provided in Sections
100, 104, and 9020 in at least 8-point type.
(6) The petition section number described in subdivision (b) of Section 9028 shall be included anywhere on the first page of every petition section in at least 8-point type.
(b) Notwithstanding any other law, the portion of the petition for voters’ signatures, printed names, and residence addresses shall appear only on the first page of a petition for a proposed statewide referendum measure.
(c) Notwithstanding subdivision (g) or (h) of Section 107, signatures collected on a petition for a proposed statewide referendum measure shall be invalid and not counted for purposes of determining whether the measure qualifies for the ballot if the information required by this
section is absent or inaccurate, if the date a petition was signed by a voter is not included or is more than five business days after the date of a change in the top contributors, or if the voter does not include their initials as required by paragraph (2) of subdivision (b) of Section 9020.
SEC. 9.SEC. 14.
Section 9012 of the Elections Code is amended to read:9012.
(a) Any petition for a proposed initiative measure or referendum 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. The text of the proposed measure shall be printed in type not smaller than 8 point.(b) A petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall be printed as follows:
(1) On white paper with a contrasting color ink, if circulated by a person who does not receive money or other valuable consideration for the
purpose of soliciting signatures of electors on the petition. petition, as described in Section 9036.
(2) On yellow paper with contrasting ink color, if circulated other than by a person who does not receive money or other valuable consideration for the purpose of soliciting signatures of electors on the petition. petition, as described in Section
9036.
SEC. 10.SEC. 15.
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) (1) Subject to subdivision (d), and except as provided in paragraph (2), a petition with signatures for a proposed initiative measure shall be filed with the county elections official not later than 180 days from the official summary date, and a county elections official shall not accept a petition for the proposed initiative measure after that period.
(2) (A) For a proposed initiative measure described in subparagraph (B), a petition with
signatures for the measure shall be filed with the county elections official not later than 90 days from the official summary date, subject to subdivision (d), and a county elections official shall not accept a petition for the proposed initiative measure after that period.
(3)
(B) This paragraph shall apply to either of the following:
(i) An initiative measure that proposes to repeal, either directly or indirectly, a statute or a portion of a statute enacted by the Legislature,
other than a statute described in paragraph (3) of subdivision (c) of Section 8 of, or paragraph (1) of subdivision (e) of Section 12 of, Article IV of the California Constitution, as determined by the Attorney General pursuant to subdivision (b) of Section 9004, if the initiative measure is submitted to the Attorney General for a circulating title and summary within two years of the January 1 next following the enactment date of the statute.
(ii) An initiative measure that proposes to amend, either directly or indirectly, a statute or a portion of a statute enacted by the Legislature Legislature,
other than a statute described in paragraph (3) of subdivision (c) of Section 8 of, or paragraph (1) of subdivision (e) of Section 12 of, Article IV of the California Constitution, in a manner that does not further the purposes of the statute, as determined by the Attorney General pursuant to subdivision (b) of Section 9004, if the initiative measure is submitted to the Attorney General for a circulating title and summary within two years of the January 1 next following the enactment date of the statute.
(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. 11.SEC. 16.
Section 9020 of the Elections Code is amended to read:9020.
(a) The petition sections shall be designed so that each signer shall personally affix all of the following:(1) The signer’s signature.
(2) The signer’s printed name.
(3) The signer’s residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. An incomplete or inaccurate apartment or unit number in the signer’s residence address shall not invalidate their signature pursuant to Section 105.
(4) The
name of the signer’s incorporated city or unincorporated community.
(5) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, the following text on a separate horizontal line below the signer’s printed name and above the signer’s signature: “DO NOT SIGN UNLESS you have seen Official Top Funders sheet and its month is still valid.” The text “DO NOT SIGN UNLESS” shall be in all capitals and in boldface. The other text shall be capitalized as shown and shall not be in boldface.
(b) For a statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, in addition to the requirements of subdivision (a), the petition sections shall be designed so that each signer shall personally affix
both of the following:
(1) The date the petition is signed.
(2) The signer’s initials immediately preceding the following statement: “BY INITIALING HERE, I confirm that I have reviewed the Official Top Funders included on this page.”
(c) Only a person who is a qualified registered voter at the time of signing the petition is entitled to sign it.
(d) The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures except that for a statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the portion of the petition for voters’ signatures, printed
names, and residence addresses shall appear only on the first page of a petition.
SEC. 12.SEC. 17.
Section 9023 is added to the Elections Code, to read:9023.
In addition to the information required by Sections 104 and 9022, the declaration of a person who solicits signatures for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors on the petition, for purposes of the requirement of subdivision (a) of Section 9036, shall declare all of the following:(a) The person does not receive money or other valuable consideration for soliciting signatures of electors on the petition.
(b) To
the best of the person’s knowledge, the signatures on the petition sections circulated by the person should be counted towards the requirement.
SEC. 13.SEC. 18.
Article 2.5 (commencing with Section 9025) is added to Chapter 1 of Division 9 of the Elections Code, to read:Article 2.5. Petition Circulator Accountability
9025.
(a) This article shall be known and may be cited as the California Petition Circulator Accountability Act of 2023.(b) The provisions of this article relating to petition circulators shall apply only to a paid circulator who circulates a petition for a statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014. For purposes of this subdivision, “paid circulator” means a person who receives money or other valuable consideration to circulate a signature petition, excluding reimbursement for reasonable meals and travel associated with
petition circulation.
9026.
The Secretary of State shall design and administer a training program for petition circulators that includes training regarding the petition circulator registration requirements described in Section 9027 and the laws that govern petition circulation, including acts that constitute prohibited conduct for circulators during the signature collection and petition filing process.9027.
(a) A petition circulator shall not receive payments of money or other valuable consideration to obtain signatures on a petition unless the circulator registers with the Secretary of State in the manner prescribed by this section.(b) An application for registration by a petition circulator shall include all of the following:
(1) The full name and any assumed name of the applicant.
(2) The residential street address of the applicant.
(3) The applicant’s signature.
(4) A list of all the ballot measure petitions for which the applicant will gather signatures while the registration is active.
(5) A statement signed by the applicant acknowledging that the applicant has read and understands state law applicable to the circulation of statewide ballot measure petitions.
(6) Certification that the applicant has completed the training program required by Section 9026.
(7) A photograph of the applicant taken within the previous ninety 90 days.
(c) Within 10 business days after submission of a registration application that complies with subdivision (b), the Secretary of State shall complete the applicant’s registration by assigning a unique registration number and providing the applicant a certificate of registration.
(d) (1) A circulator’s registration shall be valid through the end of the election cycle for which it is obtained. A circulator shall be required to reregister for each election cycle during which the circulator circulates one or more ballot measure petitions.
(2) A circulator shall amend the circulator’s registration to identify any measure for which the circulator is gathering signatures that was not identified in the circulator’s
initial registration for that election cycle.
(e) A circulator
or person that pays money or other valuable consideration to a circulator shall lose registration status and shall be ineligible for registration for five years if either of the following occur: occurs:
(1) The circulator or person is convicted of a criminal offense involving fraud, forgery, or identity theft in any jurisdiction.
(2) A determination is made in a civil, criminal, or administrative proceeding that the circulator
or person violated any law relating to the circulation of a ballot measure petition, including a ballot measure not subject to the requirements of this article.
(f) (1) Petition signatures gathered by a petition circulator who is required to be registered under this section but who is not properly registered at the time of gathering the signatures shall not be counted for purposes of determining whether the measure qualifies for the ballot.
(2) A petition circulator required to register under this section as a paid circulator shall comply with the requirements of this section with respect to any other statewide measure for which the circulator gathers signatures during the same election cycle, including any measure for
which the circulator is not paid to gather signatures. If a petition circulator fails to comply with this paragraph for any measure, signatures gathered by the circulator for that measure shall not be counted for purposes of determining if the measure qualifies for the ballot.
(g) During the process of circulating a petition for signature, signatures, a circulator subject to this article shall wear a badge that includes the words “PAID CIRCULATOR” and the circulator’s name,
registration number, and photograph. in at least 24-point boldface type. The badge shall be worn so that the circulator’s name, registration number, and photograph contents of the badge are clearly visible to prospective petition signatories. signers at all times.
(h) A person that pays money or other valuable consideration to a petition circulator subject to this article shall register with the Secretary of State. The application for registration shall include all of the following:
(1) The name and address of the person.
(2) The name of one or more individuals representing the person who will complete the training program required by Section 9026.
(3) A signed statement by each individual identified pursuant to paragraph (2) that includes all of the following:
(A) An acknowledgment that the individual has read and understands state law applicable to the circulation of
statewide ballot measure petitions.
(B) A declaration that the person operates in compliance with the law relating to the circulation of petitions subject to this article.
(i) For purposes of this section, “election cycle” means the period commencing on January 1 of each odd-numbered year and concluding on December 31 of the following even-numbered year.
(j) (1) Notwithstanding any other law, and except as provided in paragraph (2), the information submitted by a petition circulator or a person who paid or pays money or other valuable consideration to a petition circulator pursuant to subdivisions (b) and (h) shall not be provided to any person other than a public
officer or public employee who has the duty of receiving, reviewing, or examining the information for purposes of processing the applicant’s registration.
(2) The Attorney General, Secretary of State, a district attorney, a city attorney of a city with a population greater than 750,000, or any elector upon approval by the appropriate superior court may obtain information submitted by a petition circulator or a person who paid or pays money or other valuable consideration to a petition circulator pursuant to subdivisions (b) and (h) to enforce the provisions of Section 9037 or any other law related to the circulation of a petition.
9028.
(a) The Secretary of State shall prescribe a system for numbering the sections of a petition circulated by a paid circulator for a measure described in subdivision (b) of Section 9025.(b) The system described in subdivision (a) shall, at a minimum, ensure that each section of a petition includes a unique identifying number and that the proponents of the measure maintain a list that includes all of the following for each section of the petition:
(1) The petition section number.
(2) The name of the circulator.
and registration number of the circulator who circulated each petition.
(3)The circulator’s registration number.
(4)
(3) The circulator’s California residence or business address.
(5)
(4) The date the circulator executed the declaration required by Section 9022.
(c) The proponents of a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall present the list described in subdivision (b) to the Secretary of State, certified under penalty of perjury regarding its accuracy to the best information and belief of the proponents, at the time the proponents file the certification required by subdivision (a) of Section 9034 and again when they submit petition sections to county elections officials for examination. Proponents of a statewide referendum measure shall present the list described in subdivision (b) to the Secretary of State when
they submit petition sections to county elections officials for examination. The proponents’ submissions to the Secretary of State under this subdivision shall further certify that all circulators who gathered signatures for the measure are in compliance with this article. Failure to substantially comply with the requirements of this section shall be cause for the Secretary of State to invalidate any section of the petition for which the identity of the petition circulator cannot be verified.
SEC. 14.SEC. 19.
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 for 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 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 a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the percentage of signatures collected by a person who does not receive money or other valuable consideration. 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 a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, does not satisfy the requirement of subdivision (a) of Section 9036, 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 a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, satisfies the requirement of subdivision (a) of Section 9036, the Secretary of State shall immediately so notify the elections officials.
(d) (1) Within 35 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine:
(A) The number of qualified voters who signed the
petition.
(B) If applicable, the number of qualified voters who have signed each section of the petition that satisfies the requirement of subdivision (a) of Section 9036.
(2) (A) 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 from all petition sections in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample.
(B) For a proposed statewide referendum measure
or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, a second random sample of signatures shall be drawn from all petition sections submitted to satisfy the requirement of subdivision (a) of Section 9036 and verified according to the procedures set forth by the Secretary of State. The verification of signatures submitted to satisfy the requirement of subdivision (a) of Section 9036 shall be consistent with subdivision (g) of that section.
(C) In each case, the random sampling shall include an examination of at least 500 signatures or 3 percent of the signatures on the respective petitions or sections of petitions, whichever is greater.
(3) In determining from the records of registration what number of qualified voters
have signed the petition, the elections official may use any facsimiles of voters’ signatures if the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.
(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 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, for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, that the number of valid signatures submitted does not equal 95 percent of the number of qualified voters needed to satisfy the requirement of 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, for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the number of valid signatures submitted is more than 110 percent of the number of qualified voters needed to satisfy the requirement of subdivision (a) of Section 9036, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
(h) The Secretary of State shall adopt regulations consistent with this section. The initial
regulations may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare.
SEC. 15.SEC. 20.
Section 9031 of the Elections Code is amended to read:9031.
(a) (1) If the statistical sampling shows that the number of valid signatures on all petition sections, including those submitted to satisfy the requirement of subdivision (a) of Section 9036, is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of each signature filed, and shall so notify the elections officials.(2) For a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, if the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110 percent of the number of qualified voters needed to find the petition sufficient, but the number of valid signatures submitted is within 95 to 110 percent of the number of signatures needed to satisfy the requirement of subdivision (a) of Section 9036, the Secretary of State shall only order an examination and verification of each signature filed to satisfy the requirement of subdivision (a) of Section 9036.
(3) A signature shall not be
invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.
(b) (1)Within 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 a section of the petition that is subject to examination under subdivision (a) 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 their office, or the facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(2) The examination of signatures that are submitted to satisfy subdivision (a) of Section 9036 shall be made pursuant to subdivision (g) of that section.
(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.
(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each county’s completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.
(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), 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.
(e) (1) If the amended certificates establish the petition’s sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.
(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.
(f) The Secretary of State shall adopt regulations consistent with this section. The initial regulations may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare.
SEC. 16.SEC. 21.
Section 9034 of the Elections Code is amended to read:9034.
(a) The proponents of a proposed initiative measure shall submit a certification, signed under penalty of perjury, to the Secretary of State immediately upon the collection of 25 percent of the number of signatures needed to qualify the initiative measure for the ballot.(b) Upon the receipt of the certification required by subdivision (a), the Secretary of State shall transmit copies of the initiative measure, the circulating title and summary as prepared by the Attorney General pursuant to Section 9004, and the determination made by the Attorney General pursuant to subdivision (b) of Section 9004 to the Senate and the Assembly. Each house shall assign the initiative measure to its
appropriate committees. The appropriate committees shall hold joint public hearings on the subject of the measure not later than 131 days before the date of the election at which the measure is to be voted upon.
(c) This section shall not be construed as authority for the Legislature to alter the initiative measure or prevent it from appearing on the ballot.
SEC. 17.SEC. 22.
Section 9036 is added to the Elections Code, to read:9036.
(a) For a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, at least 10 percent of the signatures required under 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(b) (1) A person who is an employee or
individual member of a nonprofit organization, other than an organization with the primary purpose of soliciting signatures on ballot measure 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 a proposed statewide referendum measure or a statewide initiative measure does not receive money or other valuable consideration for purposes of subdivision (a) unless the primary purpose of their employment or membership is to solicit signatures on a ballot measure petition.
(2) For purposes of this subdivision, “member” means any of the following:
(A) An individual who, pursuant to a specific provision of a nonprofit
organization’s articles of incorporation or bylaws, has the right to vote for 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) An individual who is designated in a nonprofit
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 amendments to the articles of incorporation or bylaws.
(C) An individual who pays or has paid membership dues in an amount predetermined by the nonprofit organization, provided the organization is tax exempt under Section 501(c) of the Internal Revenue Code.
(D) An individual, director, or officer of the nonprofit organization.
(3)For purposes of this subdivision, an individual 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. An individual member or employee of a national or international union, of which a local union is a part, is a member or employee of all affiliated unions of the local, national, or international union.
(4)
(3) For purposes of this subdivision, a person is not a member of a nonprofit organization solely by virtue of being on its mailing or contact list.
(5)An employee or individual member of a labor organization who is on a full-time, part-time, permanent, or temporary leave of absence or is otherwise relieved of the responsibilities of their regular employment and who is employed or paid by a labor organization or a committee sponsored by a labor organization for purposes of soliciting signatures of electors shall not be deemed a person who has an exclusive or primary purpose of soliciting signatures on a ballot measure petition.
(6)
(4) For purposes of this subdivision, whether a nonprofit
organization, or a member or employee of a nonprofit organization, has the primary purpose of soliciting signatures on a ballot measure petition shall be determined based on the totality of the circumstances.
(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 a ballot measure 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)
(c) (1) Signatures on a ballot measure 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 on the petition, unless the person is an employee or member of a nonprofit organization as described in subdivision (b).
petition.
(2)This subdivision shall not be construed to preclude a nonprofit organization other than a political party committee that has a primary purpose other than soliciting signatures on ballot measure petitions from soliciting signatures from the nonprofit organization’s members through direct mail and relying on those signatures for purposes of satisfying the requirement set forth in subdivision (a).
(e)
(d) This section shall not be construed to preclude a person who receives nominal benefits, such as 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 ballot measure.
(f)
(e) Verification of a petition that contains a declaration pursuant to Section 9023 shall be prima facie evidence that the signatures thereon satisfy the requirement of subdivision (a).
(g)For purposes of verifying signatures under Sections 9030 and 9031 and the procedures set forth by
the Secretary of State, if the signature of a qualified voter appears once on a petition or section of a petition submitted to satisfy subdivision (a) of this section, and the same voter’s signature appears on a petition or section of a petition that does not satisfy subdivision (a), the voter’s signature shall be counted as a duplicate signature and shall not count towards satisfying subdivision (a).
(f) A signature on any petition circulated by a petition circulator required to be registered pursuant to Section 9027 shall not count toward the number of signatures needed to satisfy the requirements set forth in subdivision (a).
SEC. 23.
Section 9037 is added to the Elections Code, to read:9037.
(a) The signatures on a petition for a statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall be deemed invalid and shall not be used for the purpose of determining whether the measure qualifies for the ballot if any of the signatures thereon were solicited by a person who, in connection with the circulation of the petition, intentionally engaged in fraud, misrepresentation, or any conduct described in Sections 18600, 18601, 18602, or 18603, or by a person who falsely claimed to have not received money or other valuable consideration for the specific purpose of soliciting signatures of electors pursuant to Section 9036.(b) This section may be enforced by a civil
action brought by the Attorney General, the Secretary of State, a district attorney, a city attorney of a city with a population greater than 750,000, or any elector. The signatures on a petition section shall be invalidated only upon a showing, by clear and convincing evidence, that the person who solicited or obtained the signatures did so through fraud, misrepresentation, or other conduct described in Sections 18600, 18601, 18602, or 18603, or that the person falsely claimed to have not received money or other valuable consideration for the specific purpose of soliciting signatures of electors pursuant to Section 9036. Any civil action brought pursuant to this section shall have priority over all other civil matters.
SEC. 24.
Section 9050 of the Elections Code is amended to read:9050.
(a) After the Secretary of State determines that a measure will appear on the ballot at the next statewide election, the Secretary of State shall promptly transmit a copy of the measure to the Attorney General. The Attorney General shall provide and return to the Secretary of State a ballot title and summary and the condensed ballot title and summary prepared pursuant to Section 303 for each measure submitted to the voters of the whole state by a date sufficient to meet the state voter information guide public display deadlines.(b) (1) For
each statewide
initiative measure, within one week after receiving the lists of supporters and opponents of a measure, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed ballot title and summary prepared by the Attorney General followed by the list of supporters and opponents, pursuant to subdivision (a) of Section 303.
(2) For each statewide referendum measure, within one week after a measure qualifies for the ballot, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed ballot title and summary prepared by the Attorney General followed by the listing of top contributors, pursuant to subdivision (b) of Section
303.
SEC. 25.
Section 9051 of the Elections Code is amended to read:9051.
(a) (1) The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure and shall not exceed 100 words, not including the fiscal impact statement.(2) The ballot title and summary shall include a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code.
(b) (1) The
condensed ballot title and summary
for a statewide initiative measure shall not contain more than 75 words and shall be a condensed version of the ballot title and summary including the financial impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code.
(2) The condensed ballot title and summary for a statewide referendum measure shall not contain more than 75 words, including the ballot title that shall be in the form of a question as specified in subdivision (b) of Section 303.
(c) (1) The ballot label for a statewide initiative measure shall include the condensed ballot title and summary
described in
paragraph (1) of subdivision (b), followed by the following:
(A) After the text “Supporters:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument in favor of the ballot measure printed in the state voter information guide. The list of supporters shall not exceed 125 characters in length. Each supporter shall be separated by a semicolon. A nonprofit organization, business, or individual shall not be listed unless they support the ballot measure.
(B) After the text “Opponents:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument against the ballot measure printed in the state voter information guide. The list of opponents shall not exceed 125 characters in length. Each opponent shall be separated by a semicolon.
A nonprofit organization, business, or individual shall not be listed unless they oppose the ballot measure.
(C) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) unless it is one of the following:
(i) A nonprofit organization that was not originally created as a committee described in Section 82013 of the Government Code, that has been in existence for at least four years, and that, during the four-year period prior to the time that the organization is listed pursuant to subparagraph (A) or (B), either has received contributions from more than 500 donors or has had at least one full-time employee.
(ii) A business that has been in existence for at least four years and that has had at least one full-time employee during the four-year period prior to the time that the organization is
listed pursuant to subparagraph (A) or (B).
(iii) A current or former elected official, who may be listed with the official’s title (e.g., “State Senator Mary Smith,” “Assembly Member Carlos Garcia,” or “former Eureka City Council Member Amy Lee”). These titles may be shortened (e.g. “Senator” or “Sen.” for “State Senator” or “Asm.” for “Assembly Member”).
(iv) An individual who is not a current or former elected official may be listed only with the individual’s first and last name and an honorific (e.g., “Dr.,” “M.D.,” “Ph.D.,” or “Esquire”), with no other title or designation, unless it is a title representing a nonprofit organization or business that meets the requirements of clause (i) or (ii) and that is eligible to be listed under subparagraph (A) if the individual supports the ballot measure or under subparagraph (B) if the individual opposes the ballot measure.
(D) Spaces, commas, semicolons, and any other characters count towards the 125-character limit in subparagraphs (A) and (B).
(E) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) if the supporter or opponent is a political party or is representing a political party.
(F) The name of a nonprofit organization or business included in the list of supporters and opponents as required by this subdivision may be shortened by the proponents or opponents who submit it using acronyms, abbreviations, or by leaving out words in the entity’s name, as long as doing so would not confuse voters with another well-known organization or business that did not take the same position on the ballot measure (e.g., “Hot Air Balloon Flyers of Montana Education Fund” may be shortened to “Hot Air Balloons
Montana”).
(G) Supporters and opponents listed on the ballot label pursuant to subparagraph (A) or (B) shall be added as text after the condensed ballot title and summary and shall be separated by semicolons. Supporters and opponents need not be displayed on separate horizontal lines on the ballot. If no list of supporters is provided by the proponents or there are none that meet the requirements of this section, then “Supporters:” shall be followed by “None submitted.” If no list of opponents is provided by the opponents or there are none that meet the requirements of this section, then “Opponents:” shall be followed by “None submitted.”
(H) If the ballot emphasizes the text “Supporters:” or “Opponents:” by use of boldface font, underlining, or any other method that differentiates that text from the list of supporters or opponents that follow, the text “Supporters:” or
“Opponents:” may be displayed with only the initial letter capitalized. If that text is not emphasized, then each letter of that text shall be capitalized.
(I) If including the list of Supporters and Opponents in the ballot labels as required by this section would necessitate the printing of an extra ballot card compared to the ballot labels not including them, the type size of the part of all of the ballot labels starting with “Supporters:” may be reduced by the minimal amount needed to stop them from necessitating an extra ballot card, as long as the type size is no smaller than 8-point and as long as the type size is reduced by the same amount for all ballot measures.
(2) (A) The proponents of the measure shall provide the list of supporters described in subparagraph (A) of paragraph (1) to the Secretary of State when submitting the arguments supporting
the ballot measure.
(i) For every supporter listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the supporters shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business supports the measure, (II) that the nonprofit organization or business has been in existence for at least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code.
(ii) For every supporter listed
that is an individual, the proponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual supports the measure.
(B) The opponents of the measure shall provide the list of opponents described in subparagraph (B) of paragraph (1) to the Secretary of State when submitting the arguments opposing the ballot measure.
(i) For every opponent listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the opponents shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business opposes the measure, (II) that the nonprofit organization or business has been in existence for at
least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code.
(ii) For every opponent listed that is an individual, the opponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual opposes the measure.
(C) In order to enable the Secretary of State to determine whether the nonprofit organizations and businesses listed in the supporters or opponents have been in existence for at least four years, the proponents and opponents shall submit with the list of supporters and opponents described in subparagraphs (A) and (B) a certified
copy of the articles of incorporation, articles of organization, or similar document for each nonprofit organization or business on the list that verifies that the nonprofit organization or business has been in existence for at least four years.
(D) The Secretary of State shall confirm that a submission listing supporters or opponents includes the documentation required by subparagraphs (A) through (C) and otherwise meets the requirements of this section. The Secretary of State shall ask the proponents or opponents to resubmit a list if the requirements are not met. The Secretary of State may establish deadlines by when proponents or opponents must resubmit a list and any other documents required by the Secretary of State to meet the deadline in subdivision (b) of Section 9050.
(d) (1) The ballot label for a statewide referendum measure shall include the condensed ballot title and summary described in paragraph (2) of subdivision (b), followed by:
(A) After the text “TOP 3 FUNDERS TO KEEP THE LAW:” a listing of the top contributors, as defined in subdivision (c) of Section 84501 of the Government Code, to the committee making the most cumulative expenditures to keep the law as of the date the measure qualified for the ballot. The list of top contributors shall not exceed 125 characters in length. Each top contributor shall be separated by a semicolon.
(B) After the text “TOP 3 FUNDERS TO OVERTURN THE LAW:” a listing of the top
contributors, as defined in subdivision (c) of Section 84501 of the Government Code, to the committee making the most cumulative expenditures to overturn the law as of the date the measure qualified for the ballot. The list of top contributors shall not exceed 125 characters in length. Each top contributor shall be separated by a semicolon.
(C) All characters, including spaces, commas, and semicolons, shall count towards the 125-character limit in subparagraphs (A) and (B).
(D) A top contributor shall not be listed pursuant to subparagraph (A) or (B) if the top contributor is a political party.
(E) The name of a top contributor may be shortened by the Secretary of State by using acronyms, abbreviations, or by leaving out words in the entity’s name, as long as doing so would not confuse or mislead voters that a different person was a top contributor when, in fact, they were not.
(F) Top contributors listed in the ballot label pursuant to subparagraphs (A) or (B) shall be added as text after the condensed ballot title and summary and shall be separated by semicolons. Top contributors need not be displayed on separate horizontal lines on the ballot. If there are no top contributors, then “TOP 3 FUNDERS TO KEEP THE LAW:” or “TOP 3 FUNDERS TO OVERTURN THE LAW:” shall be followed by the statement “None.”
(G) If including the list of top contributors in the ballot labels as required by this section necessitates the printing of an extra ballot card compared to the ballot labels not including them, the type size of the part of all the ballot labels disclosing the top contributors may be reduced by the minimum amount needed to stop them from necessitating an extra ballot card, as long as the type size is no smaller than 8-point and as long as the type size is reduced by the same amount for all applicable measures.
(2) The Secretary of State shall determine the list of top contributors required to be included in the ballot label as of the date a referendum qualifies for the ballot.
(d)
(e) In providing the ballot title and summary, the Attorney General shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.
(e)
(f) The Attorney General shall invite and consider public comment in preparing each ballot title and summary.
SEC. 26.
Section 13120 of the Elections Code is amended to read:13120.
(a) The ballots used when voting upon a(b) The ballots used when voting upon a state statute referred to the voters of the state as a referendum measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words “Shall California keep or overturn a law passed in [enter year statute was enacted] [followed by no more than 15 words stating the general subject or nature of the law]? Opposite the statement of the statute to be voted on and to its right, or immediately below if there is not sufficient space opposite the statement of the statute and to its right, the words “Keep the law” and “Overturn the law” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed words “Keep the
law,” the voter’s vote shall be counted in favor of the adoption of the statute. If the voter marks the voting target next to the printed words “Overturn the law,” the voter’s vote shall be counted against its adoption.
