Bill Text: CA AB857 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Initiatives: petition circulators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB857 Detail]
Download: California-2013-AB857-Amended.html
Bill Title: Initiatives: petition circulators.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2014-03-06 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [AB857 Detail]
Download: California-2013-AB857-Amended.html
BILL NUMBER: AB 857 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JUNE 26, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY APRIL 16, 2013
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Fong
FEBRUARY 21, 2013
An act to amend Sections 9008, 9021, 9022, 9030, 9031, and 18602
of, and to add Sections 9009.5, 9009.6, 9036,
9037, 9038, and 9039 and 9037 to,
and to repeal Section 101 of, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 857, as amended, Fong. Initiatives: petition circulators.
(1) The California Constitution and existing statutory law provide
for the electors to propose statutes or amendments to the
Constitution by initiative. Existing law authorizes a person who is a
voter or who is qualified to register to vote in California to
circulate an initiative or referendum petition anywhere within the
state. Existing law requires that each section of a petition for an
initiative or referendum measure have attached thereto the
declaration of the person soliciting the signatures that includes
specified information regarding the person and a statement under
penalty of perjury that he or she is a voter or is qualified to
register to vote in the state.
This bill would delete the provisions providing that a person who
is a voter or is qualified to vote in California is authorized to
solicit signatures on an initiative or referendum petition, and
requiring that person to declare under penalty of perjury that he or
she is a voter or is qualified to register to vote in the state.
The bill would require that the declaration include a
statement of consent to jurisdiction of the state and service of
process, as specified, by the person soliciting signatures if he or
she is not a resident of the state.
(2) Existing law requires local elections officials to perform
various duties with respect to statewide initiative petitions
including, within 8 days after the filing of a petition, determining
the total number of signatures affixed to the petition. Existing law
also requires an elections official, within 30 days of notification
from the Secretary of State that a petition has received 100% or more
of the signatures needed to declare the petition sufficient, to
determine the number of qualified voters who signed the petition.
Upon order of the Secretary of State, existing law requires an
elections official, within 30 days, to verify each signature on a
petition, as specified.
This bill would extend the time a local elections official is
required to determine the total number of signatures affixed to a
petition to 10 days, and would extend the time a local elections
official is required to determine the number of qualified voters who
signed the petition to 35 days after receiving notice from the
Secretary of State that the petition has received the signatures
needed to declare the petition sufficient. The bill also would extend
the time that an elections official is required to verify the
signatures on a petition to 35 days.
This bill would require at least 20% of the signatures that are
required to qualify an initiative measure to be solicited by a person
who does not receive money or other valuable consideration for the
specific purpose of soliciting signatures of electors, and would
require that the declaration of such a person include additional
content, as specified. The bill would require an elections official
who determines the total number of signatures affixed to a petition
and an elections official or registrar of voters who verifies
signatures on petitions to also determine the total number of
signatures submitted by persons who do not receive money or other
valuable consideration for the specific purpose of soliciting
signatures of electors, as specified.
This bill would require a professional petition firm, as defined,
to register annually with the Secretary of State in order to pay
individuals to circulate petitions and collect signatures to qualify
an initiative or referendum measure on a state election ballot, as
specified, and would require the professional petition firm to
provide training to paid circulators related to obtaining signatures
for initiative or referendum petitions, as specified. The bill also
would require the Secretary of State to assign a unique three-letter
code to each professional petition firm, and would require a
professional petition firm to assign a unique four-digit identifying
number to each person hired or retained, directly or indirectly, to
circulate a state initiative or referendum petition. Before a
professional petition firm begins soliciting signatures for an
initiative or referendum petition, the bill would require the firm to
obtain from each person hired or retained, directly or indirectly,
as a paid circulator a certified statement, as specified. The bill
would prohibit a professional petition firm from hiring, retaining,
or otherwise compensating a person, directly or indirectly, for
soliciting signatures on an initiative or referendum petition if the
person has been convicted, within the past 10 years, of specified
criminal offenses. Within 14 days of the date of execution of the
certified statement, the bill would require a professional petition
firm to provide to the Secretary of State the name and unique
identifying number of each paid circulator and to retain copies of
each certified statement, as specified, and would authorize the
Secretary of State to inspect those records under reasonable
conditions during normal business hours, as specified. The bill would
require the Secretary of State to provide each county elections
official with a list of the names and unique identifying numbers for
person hired or retained, directly or indirectly, to circulate an
initiative or referendum petition, and would prohibit the county
elections officials from counting signatures on a petition or
sections of a petition if the name and unique identifying number of
the paid circulator does not appear on the list provided by the
Secretary of State.
This bill would further require a professional petition firm that
pays any person to solicit signatures of electors on an initiative or
referendum petition to keep detailed accounts, as defined, and would
authorize the Secretary of State to review those accounts.
The bill would include specified findings and declarations of the
Legislature in support of these policies.
(3) Existing law requires that, if the statistical sampling shows
that the number of valid signatures on a petition is within 95 to
110% 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.
This bill, with regard to an initiative petition for which 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
valid signatures submitted for purposes of the 20% requirement
described above is within 95 to 110% of the number of signatures
needed to satisfy that requirement, would require the Secretary of
State to only order an examination and verification of
each signature filed that would satisfy the 20% requirement.
(4) Existing law requires every proposed initiative measure, prior
to circulation, to include on the petition, among other things, the
circulating title and summary prepared by the Attorney General and a
heading for the initiative measure, as specified. Existing law also
requires a petition for a proposed initiative or referendum measure
to be presented in sections, as specified.
This bill would require a petition for a proposed initiative
measure to have printed in the one-inch space across the top of the
first page of each section of the petition, in 18-point roman
boldface type, the circulating title for the measure prepared by the
Attorney General. The bill would additionally require a petition for
a proposed initiative measure that is circulated by persons who do
not receive money or other valuable consideration for the purpose of
obtaining signatures of electors to be printed on white paper in a
contrasting color ink. The bill also would require a petition for a
proposed initiative measure that is circulated by persons who do
receive money or other valuable consideration for the purpose of
obtaining signatures of electors to be printed on paper of a color
other than white in a contrasting color ink.
(5) Under existing law, an initiative petition must contain
specified language advising the public of its right to ask whether
the person circulating the petition is a paid signature gatherer or a
volunteer.
This bill would delete that requirement and would
instead require a statewide initiative, referendum, or recall
petition to include specified disclosures notifying the public that
the petition circulator is receiving money or other valuable
consideration for the specific purpose of soliciting signatures of
electors, as specified.
(6) Existing law provides that a person who engages in specified
conduct in connection with the collection of signatures on any
statewide initiative or referendum petition is guilty of a
misdemeanor.
This bill would require a statewide initiative or referendum
petition section to be deemed invalid, and would prohibit use of the
petition section for the purpose of determining whether the
initiative or referendum measure qualifies for the ballot, if the
signatures are solicited and submitted by a person who engages in
fraud, misrepresentation, or any of the specified conduct for which
he or she may be found guilty of a misdemeanor. The bill would
authorize the Secretary of State or any elector to enforce this
provision by a civil action upon a showing of clear and convincing
evidence.
(7) Because this bill would impose new requirements on local
elections officials relative to calculating and verifying signatures
on a petition, it would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The power of the initiative is a fundamental right reserved
for the voters of California and must be protected as a means of
governing through direct democracy.
(2) The voters amended the California Constitution to reserve for
themselves the power of the initiative because financially powerful
interests, including railroad companies, exercised a corrupting
influence over state politics.
(3) The purpose of reserving the initiative power was to provide
individuals, communities, and coalitions a means to protect the
general interests of the State of California.
(4) For the past 30 years, a disturbing trend in the state's
political process has undermined the original intent of the
initiative power. Whereas the initiative was reserved by the
voters for the purpose of allowing voters to participate in direct
democracy, now the integrity of the initiative process has been
corrupted by well-financed special interests.
(5) Due to the growth of paid signature gathering, the
The presence of an initiative measure on the
ballot is no longer necessarily viewed as an expression of a minimum
amount of public support but, rather, often ,
but, instead, is often viewed as the result of a
special interest willing to pay a sufficient number of
petition circulators the necessary amount of money
to qualify the an initiative
measure for the ballot. As a result, the integrity of the
initiative process is threatened by a crowded ballot with confusing
proposals and the perception of fraud and misrepresentation in the
signature gathering phase.
(6) Whereas initiative petitions were originally
circulated by volunteer and grassroots
organizations, organizations demonstrate significant
public support for a proposed law, well-funded individuals and
organizations that promote narrow interests may rely exclusively on
paid circulators to qualify an initiative measure that does not have
broad community support. In many cases, the individuals and
organizations supporting an initiative petition do not reside in the
state and will not be subject to the laws that they propose.
(7) Professional petition firms hire paid
As has been the case since the initiative power was created,
initiatives that have broad public support continue to qualify for
the ballot through the efforts of volunteers and grassroots
organizations, but the availability of paid circulators has led to an
excess of complex proposals that lack a broad level of
public support. Paid circulators to gather
as many signatures as possible in the least amount of time .
Often the signatures are obtained without providing electors an
explanation of , and may not provide electors with a
full explanation of the true purpose and effect of the proposed
initiative measure. Paid circulators are also instructed to
solicit signatures from electors even if an elector does not
understand the contents of the petition. Due to the prevalence of
professional petition firms and paid circulators,
Without a better measure of public support, special interests
may qualify an initiative measure for the ballot without the
necessary minimum showing of public support. As a result, the
statewide election ballot is increasingly cluttered with initiative
measures that do not have enough public support to justify the
expenses of administering the election for those particular
proposals. regardless of the actual content of the
proposal.
(8) As has been the case since the initiative power was created,
initiative measures that have broad public support continue to
qualify for the ballot through the efforts of volunteers and
organizations, but the sheer number and complexity of proposals
without broad public support have overwhelmed voters, undermining the
integrity of both the signature gathering and electoral processes.
(9)
(8) The prevalence of paid circulators has
also led to instances of fraud and misrepresentation, and the erosion
of prevalent influence of money in the process of
soliciting signatures for initiative petitions has eroded
public confidence in the initiative process. The most popular means
of paying petition circulators is based on the number of signatures a
person collects. Under a payment-per-signature arrangement, a paid
circulator does not need an incentive to educate voters about an
initiative petition but, instead, may be motivated solely by
financial reasons to gather as many signatures as possible.
In their quest for economic gain, paid circulators often purposefully
mislead voters and leave the public in the dark about the true
content of initiative petitions.
(10) Because the use of paid circulators is no longer a sufficient
means of measuring the necessary public support for an initiative
measure to appear on the ballot and has been associated with coercive
and misleading tactics to collect signatures, the public is
dissatisfied with the initiative process and the means by which a
petition is circulated to qualify a measure for the ballot.
(11)
(9) Unlike paid circulators, a widespread
Improving the measure of public support for a proposed
initiative measure will increase the public's confidence and protect
the integrity of the initiative process. A volunteer and
grassroots effort to qualify an initiative measure for the
ballot demonstrates a significant level of public support.
Improving the measure of public support for a proposed initiative
measure will increase the public's confidence in the integrity of the
initiative process. By limiting the influence of
money in the signature gathering phase, the public will have greater
confidence in the actual merits of a proposed initiative measure.
(12)
(10) The Legislature is responsible for providing the
manner in which initiative petitions are circulated, presented, and
certified. Consistent with this constitutional duty, the Legislature
must provide for laws that are consistent with the original
intent of the voters in reserving the power of the
initiative; protect the integrity of the initiative process; and
prevent the occurrence of fraud and misrepresentation in the
circulation, presentation, and certification of initiative petitions.
(b) Therefore, it is the intent of the Legislature to do all of
the following:
(1) Preserve and protect the integrity of California's initiative
process.
(2) Ensure that initiative petitions have sufficient
grassroots public support from informed voters
to be placed on the ballot.
(3) Protect access to the initiative process and preserve the
constitutional right of voters in California to engage in direct
democracy.
SEC. 2. Section 101 of the Elections
Code is repealed.
101. Notwithstanding any other provision of law, any state or
local initiative petition required to be signed by voters shall
contain in 12-point type, prior to that portion of the petition for
voters' signatures, printed names, and residence addresses, the
following language:
"NOTICE TO THE PUBLIC
THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A
VOLUNTEER. YOU HAVE THE RIGHT TO ASK."
SEC. 2. SEC. 3. Section 9008 of the
Elections Code is amended to read:
9008. Each proposed initiative measure, prior to circulation,
shall have placed across the top of the petition all of the
following:
(a) The Attorney General's unique numeric identifier, in 12-point
or larger roman boldface type, placed before the circulating title
and summary upon each page where the circulating title and summary is
to appear.
(b) (1) The circulating title and summary prepared by the Attorney
General, in 12-point or larger roman boldface type, upon each page
of the petition on which signatures are to appear.
(2) The circulating title and summary prepared by the Attorney
General, in 12-point or larger roman boldface type, upon each section
of the petition preceding the text of the measure.
(3) Notwithstanding Section 9013, on the first page of each
section of the petition, the circulating title prepared by the
Attorney General shall be placed in the one-inch space across the top
of the page in 18-point roman boldface type.
(c) The circulating title and summary prepared by the Attorney
General, as required by paragraph (2) of subdivision (b), shall be
preceded by the following statement in 12-point or larger roman
boldface type: "Initiative measure to be submitted directly to the
voters."
SEC. 3. SEC. 4. Section 9009.5 is
added to the Elections Code, to read:
9009.5. (a) A petition for a proposed initiative measure that is
circulated by a person who does not receive money or other valuable
consideration for the purpose of soliciting signatures of electors,
for purposes of Section 9036, shall be printed on white paper in a
contrasting color ink.
(b) A petition for a proposed initiative measure that is
circulated by a person who receives money or other valuable
consideration for the purpose of soliciting signatures of electors
shall be printed on paper of a color other than white in a
contrasting color ink.
SEC. 4. SEC. 5. Section 9009.6 is
added to the Elections Code, to read:
9009.6. (a) Notwithstanding any other provision of law, a
petition for a proposed initiative measure that is circulated by a
person who receives money or other valuable consideration for the
specific purpose of soliciting signatures of electors shall include
the following statement immediately prior to the portion of the
petition for voters' signatures, printed names, and residence
addresses, printed in 18-point boldface type:
"NOTICE TO THE PUBLIC: THIS PETITION IS BEING CIRCULATED BY A PERSON
PAID TO OBTAIN YOUR SIGNATURE. YOU ARE ENCOURAGED TO READ THE
CONTENTS OF THIS PETITION BEFORE SIGNING."
(b) On each state initiative petition, immediately prior to that
portion of the petition for voters' signatures, printed names, and
residence addresses, but after the language required by subdivision
(a), where applicable, shall be printed a disclosure statement, in
14-point boldface type, that includes the following language:
"The political committee paying for this petition to be circulated
is (insert full name of committee as registered with the Secretary
of State pursuant to Section 84101 of the Government Code).
The following donors have contributed $50,000 or more to the
(insert full name of committee as registered with the Secretary of
State pursuant to Section 84101 of the Government Code) within six
months of the printing of this petition: (insert name of each of the
top three donors who have contributed fifty thousand dollars
($50,000) or more and, if an individual, his or her occupation and
the identity of his or her employer)." If there are no such
donors, insert "none."
(c) If the information for the disclosure statement described in
subdivision (b) changes, the disclosure statement on the petition
shall be updated within 14 days of the date of receipt of a
contribution that caused the information in the disclosure statement
to change .
(d) Failure to comply with subdivision (b) shall not constitute
grounds for an elections official to refuse to receive or file an
initiative petition under Section 9015 and shall not render invalid
any signature on an initiative petition.
SEC. 5. SEC. 6. Section 9021 of the
Elections Code is amended to read:
9021. Each section of a petition for a proposed initiative or
referendum measure shall bear the name of a county or city and
county, and only qualified registered voters of that county or city
and county may sign that section. The circulator may sign the section
he or she is circulating as provided in Section 106.
SEC. 6. SEC. 7. Section 9022 of the
Elections Code is amended to read:
9022. (a) Each section of a petition for a proposed initiative or
referendum measure shall have attached thereto the declaration of
the person soliciting the signatures setting forth the information
required by Section 104. If the person soliciting the
signatures is not a resident of this state, the declaration shall
also state that the person consents to both of the following:
(1) The jurisdiction of the state for purposes of an investigation
or prosecution by any state or local agency regarding the validity
of the signatures he or she submits.
(2) Service of process for any legal action pertaining to an
investigation or prosecution by any state or local agency regarding
the validity of the signatures he or she submits.
(b) In addition to the information required by Section 104, the
declaration of a person who solicits signatures for a proposed
initiative measure and does not receive money or other valuable
consideration for the specific purpose of soliciting signatures of
electors pursuant to Section 9036 shall declare all of the
following:
(1) The person does not receive money or other valuable
consideration for soliciting signatures of electors for purposes of
subdivision (a) of Section 9036.
(2) To the best of his or her knowledge, the signatures on the
petition sections circulated by him or her should be counted towards
the requirement set forth in subdivision (a) of Section 9036.
(3) The person's unique identifying number assigned pursuant to
subdivision (h) of Section 9037.
(c) The circulator shall certify to the content of the declaration
as to its truth and correctness, under penalty of perjury under the
laws of the State of California, with his or her signature. The
circulator shall state the date and the place of execution on the
declaration immediately preceding his or her signature.
(d) Petitions so verified shall be prima facie evidence that the
signatures thereon are genuine and that the persons signing are
qualified voters.
SEC. 7. SEC. 8. Section 9030 of the
Elections Code is amended to read:
9030. (a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all sections circulated in any county or city and
county shall be filed at the same time. Once filed, no petition
section shall be amended except by order of a court of competent
jurisdiction.
(b) Within 10 days after the filing of the petition, excluding
Saturdays, Sundays, and holidays, the elections official shall
determine the total number of signatures affixed to the petition and,
in the case of an initiative petition, the total number of
signatures submitted for purposes of subdivision (a) of Section 9036.
The elections official shall transmit this information to the
Secretary of State. If the total number of signatures filed with all
elections officials is less than 100 percent of the number of
qualified voters required to find the petition sufficient or, in the
case of an initiative petition, the number of signatures submitted
for purposes of subdivision (a) of Section 9036 is less than the
total number needed to satisfy the requirement of that subdivision,
the Secretary of State shall so notify the proponents and the
elections officials, and no further action shall be taken with regard
to the petition.
(c) If the number of signatures filed with all elections officials
is 100 percent or more of the number of qualified voters needed to
declare the petition sufficient and, in the case of an initiative
petition, the percentage of signatures submitted for purposes of
subdivision (a) of Section 9036 is equal to or greater than the total
number needed to satisfy the requirement of that subdivision, 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 the number of qualified voters who
have signed the petition and the number of qualified voters who have
signed a section of the petition that satisfies the requirement of
subdivision (a) of Section 9036. If
(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. The
(B) For initiative petitions, a second
random sample of signatures shall be drawn from all petition sections
submitted to satisfy subdivision (a) of Section 9036 and verified
according to the procedures set forth by the Secretary of State. The
verification of signatures that are submitted for purposes of
subdivision (a) of Section 9036 shall be consistent with subdivision
(g) of that section. random
(C) In each case, the random
sampling shall include an examination of at least 500 or 3 percent of
the signatures, signatures on the
respective petitions or sections of petitions, whichever is
greater. In
(3) In determining from the
records of registration the number of qualified voters who have
signed the petition, the elections official may use the duplicate
file of affidavits of registered voters or the facsimiles of voters'
signatures, provided that the method of preparing and displaying the
facsimiles complies with law.
(e) The elections official, upon the completion of the
examination, shall immediately attach to the petition, except the
signatures thereto appended, a properly dated certificate showing the
result of the examination and shall immediately transmit the
petition and the certificate to the Secretary of State. A copy of
this certificate shall be filed in the elections official's office.
(f) If the certificates received from all elections officials by
the Secretary of State establish that the number of valid signatures
does not equal 95 percent of the number of qualified voters needed to
find the petition sufficient or, in the case of an initiative
petition, that the number of valid signatures submitted for purposes
of subdivision (a) of Section 9036 does not equal 95 percent of the
number of qualified voters needed to satisfy the requirement of that
subdivision, the petition shall be deemed to have failed to qualify,
and the Secretary of State shall immediately so notify the proponents
and the elections officials.
(g) If the certificates received from all elections officials by
the Secretary of State total more than 110 percent of the number of
qualified voters needed to find the petition sufficient and, in the
case of an initiative petition, the number of valid signatures
submitted for purposes of subdivision (a) of Section 9036 total more
than 110 percent of the number of qualified voters needed to satisfy
the requirement of that subdivision, the petition shall be deemed to
qualify as of the date of receipt by the Secretary of State of
certificates showing the petition received more than 110 percent of
the qualified voters needed, and the Secretary of State shall
immediately so notify the proponents and the elections officials.
(h) The Secretary of State shall enact regulations consistent with
this section.
SEC. 8. SEC. 9. 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 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) In the case of an initiative petition, 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 for purposes of subdivision (a) of Section 9036
is within 95 to 110 percent of the number of signatures needed to
satisfy the requirement of that subdivision, 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.
(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
the a section of the petition and, in
the case of an initiative petition, the number of qualified voters
who have signed sections of the petition submitted for purposes of
subdivision (a) of Section 9036, 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 his or her 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) The elections official or registrar, upon the completion of
the examination, shall immediately attach to the petition, except the
signatures thereto appended, an amended certificate properly dated,
showing the result of the examination and shall immediately transmit
the petition, together with the amended certificate, to the Secretary
of State. A copy of the amended certificate shall be filed in the
elections official's office.
(d) (1) If the amended certificates establish the petition's
sufficiency, the petition shall be deemed to be filed as of the date
of receipt by the Secretary of State of certificates showing the
petition to be signed by the requisite number of voters of the state.
(2) If the amended certificates received from all elections
officials by the Secretary of State establish that the petition has
still been found insufficient, the Secretary of State shall
immediately so notify the proponents and the elections officials.
(e) The Secretary of State shall adopt regulations consistent with
this section, including, but not limited to, provisions
specifying a procedure that accounts for duplicate signatures that
appear on petitions submitted pursuant to Section 9036.
section.
SEC. 9. SEC. 10. Section 9036 is
added to the Elections Code, to read:
9036. (a) At least 20 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 exclusively or primarily for the
specific purpose of soliciting signatures of electors on the
petition.
(b) (1) A person who is an employee or member of a nonprofit
organization, other than an organization in the business of
soliciting signatures on initiative petitions, who receives money or
other valuable consideration from the organization and as part of
that employment or membership solicits signatures for the
qualification of an initiative measure shall be deemed to be a person
who does not receive money or other valuable consideration for the
specific purpose of soliciting signatures of electors, unless a
primary purpose of that employment or membership is to solicit
signatures on an initiative petition.
(2) For purposes of this subdivision, "member" means any of the
following:
(A) A person who, pursuant to a specific provision of an
organization's articles of incorporation or bylaws, has the right to
vote directly or indirectly for the election of a director or
directors, or an officer or officers, or on a disposition of all or
substantially all of the assets of the organization, or on a merger
or a dissolution.
(B) A person who is designated in an organization's articles of
incorporation or bylaws as a member and, pursuant to a specific
provision of the articles of incorporation or bylaws, has the right
to vote on changes to the articles of incorporation or bylaws.
(C) A person who pays or has paid membership dues in an amount
predetermined by the organization, provided the organization is tax
exempt under Section 501(c) of the Internal Revenue Code.
(3) For purposes of this subdivision, a member of a local union is
a member of any national or international union of which the local
union is a part and of any federation with which the local, national,
or international union is affiliated.
(4) For purposes of this subdivision, a person is not a member of
a nonprofit organization solely by virtue of being on a mailing or
contact list of the organization.
(c) Signatures that are solicited by a person who is a registered
voter of a political party, a member of a political party committee
as defined in Section 85205 of the Government Code, or an employee of
a political party or a political party committee and who receives
money or other valuable consideration for soliciting signatures on an
initiative petition from the political party or political party
committee do not count towards the number of signatures needed to
satisfy the requirement of subdivision (a).
(d) (1) Signatures on an initiative petition that are solicited
through direct mail do not count towards the number of signatures
needed to satisfy the requirement of subdivision (a) if the person
soliciting the signatures through direct mail, or any other person
who organizes, pays for, or arranges for the direct mail, receives
money or other valuable consideration primarily for the purpose of
soliciting signatures of electors, unless the person is an employee
or member of a nonprofit organization as described in subdivision
(b).
(2) This subdivision shall not be construed to preclude an
organization that has a primary purpose other than soliciting
signatures on initiative petitions from soliciting signatures from
the organization's members through direct mail and relying on those
signatures for purposes of satisfying the requirement set forth in
subdivision (a).
(e) This section shall not be construed to preclude a person who
receives nominal benefits other than money, including
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 initiative measure.
(f) Verification of a petition pursuant to Section 9022 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 qualified voter's
signature shall only be counted once and shall be counted towards
satisfying subdivision (a).
SEC. 10. Section 9037 is added to the Elections
Code, to read:
9037. (a) For purposes of this section, "professional petition
firm" means a business that is created and maintained for the
exclusive or primary purpose of paying individuals, directly or
indirectly, to circulate initiative and referendum petitions for the
purpose of gathering signatures to qualify an initiative or
referendum measure for a state election ballot.
(b) A professional petition firm shall register annually with the
Secretary of State. The registration form shall include the full
name, address, and partners, owners, or officers of the firm, and
shall be accompanied by a registration fee established by the
Secretary of State. The Secretary of State shall adopt regulations
providing procedures for registration pursuant to this subdivision,
including the denial and revocation of registration.
(c) The Secretary of State shall use the registration fees
collected pursuant to subdivision (b) to maintain a directory of
professional petition firms on his or her Internet Web site and to
defray any other costs associated with the requirements of this
section.
(d) A professional petition firm shall provide training to each
person hired or retained, directly or indirectly, to circulate an
initiative or referendum petition, individually or in a group, that
includes a review of all applicable laws related to obtaining
signatures on a petition, including any prohibitions, and shall
submit a copy of the training materials to the Secretary of State.
The training materials shall be consistent with the regulations
adopted by the Secretary of State pursuant to subdivision (m).
(e) Prior to soliciting signatures for an initiative or referendum
petition, a professional petition firm shall obtain from each person
hired or retained, directly or indirectly, as a paid circulator a
statement that includes all of the following:
(1) The full name and any assumed name of the person.
(2) The residential street address of the person.
(3) An example of the signature of the person.
(4) A list of the initiative or referendum petitions for which the
person will solicit signatures.
(5) If the person has been convicted of a criminal offense
involving fraud, forgery, identification theft, or a violation of the
Elections Code, information relating to the circumstances of the
conviction, as required by the Secretary of State.
(6) A statement signed by the person acknowledging that he or she
has received training and has read a summary of applicable laws
pertaining to the soliciting of signatures for an initiative or
referendum measure, as prepared by the Secretary of State or required
by the Secretary of State by regulation.
(7) Proof that the person has completed the training required by
subdivision (d).
(8) A photograph of the person that meets all of the following
requirements:
(A) Is a conventional photograph with a plain background.
(B) Shows the face or the face, neck, and shoulders of the person.
(C) Is prepared and processed for printing in a format prescribed
by the Secretary of State.
(9) If the person is not a resident of the state, a statement that
he or she consents to both of the following:
(A) The jurisdiction of the state for purposes of an investigation
or prosecution by any state or local agency regarding the validity
of the signatures submitted by him or her.
(B) Service of process for any legal action pertaining to the
validity of the signatures submitted by him or her.
(10) Each person hired by a professional petition firm to
circulate a state initiative or referendum petition shall certify the
truth and correctness of the contents of the statement required by
this subdivision under penalty of perjury under the laws of the State
of California, with his or her signature. The certification shall
state the date and the place of execution immediately preceding the
person's signature.
(f) A professional petition firm shall not hire, retain, or
otherwise compensate a person, directly or indirectly, for soliciting
signatures on an initiative or referendum petition if the person has
been convicted, within the past 10 years, of a misdemeanor or felony
offense defined in this code or a felony involving fraud, forgery,
or identification theft.
(g) Within 14 days of the date of execution of the certified
statement described in subdivision (e), a professional petition firm
shall provide to the Secretary of State the name and unique
identifying number of each person who is hired or retained, directly
or indirectly, to circulate an initiative or referendum petition and
is assigned pursuant to subdivision (h) and shall retain copies of
each certified statement for not less than two years after the
petition is filed or two years after the deadline for submission of
the petition to elections officials, whichever is later. The
Secretary of State may inspect the records under reasonable
conditions during normal business hours at any time before the
deadline for filing the petition or during the period specified for
retention. For purposes of this subdivision, normal business hours
means those hours that the proponent of the initiative or referendum
measure is normally open for business to the public. The right of
inspection may be enforced by writ of mandamus issued by a court of
competent jurisdiction.
(h) The Secretary of State shall assign a unique three-letter code
to each professional petition firm. Each professional petition firm
shall assign a unique four-digit identifying number to each person
hired or retained, directly or indirectly, to circulate a state
initiative or referendum petition. The professional petition firm
shall include the seven-digit alphanumeric code consisting of the
three-letter code of the professional petition firm followed by the
four-digit identifying number of the paid circulator on the top of
the first page of the statement required by subdivision (e).
(i) A person hired or retained, directly or indirectly, by a
professional petition firm to solicit signatures on a state
initiative or referendum petition shall wear a badge provided by the
professional petition firm when the person is soliciting signatures
on the proposed initiative or referendum petition. The badge shall be
worn in a conspicuous place and contain the person's photograph and
the seven-digit alphanumeric code consisting of the three-letter code
of the professional petition firm followed by the four-digit
identifying number of the paid circulator pursuant to subdivision
(h).
(j) (1) If a person receives money or other valuable
consideration, directly or indirectly, from a professional petition
firm for the purpose of soliciting signatures of electors on an
initiative or referendum petition and was not duly trained and
certified pursuant to the requirements of this section at the time
the signatures were solicited, the signatures presented on the
petition or sections of the petition circulated by that person shall
not count towards satisfying the requirements of Sections 9030, 9031,
9035, and 9036.
(2) The Secretary of State shall provide to each county elections
official a list of the names and unique identifying numbers for
persons hired or retained, directly or indirectly, as provided
pursuant to this section. The county elections officials shall not
count signatures on a petition or sections of a petition circulated
by paid circulators if the name and unique identifying number of the
paid circulator on the petition pursuant to paragraph (3) of
subdivision (b) of Section 9022 does not appear on the list provided
by the Secretary of State.
(k) The certified statement of a petition circulator required by
subdivision (e) shall be effective for two years from the date of
execution. If the information in a person's statement changes during
the two-year effective period of the statement, the professional
petition firm shall obtain an amended statement and provide it to the
Secretary of State within 10 business days or before the person
continues to circulate initiative or referendum petitions, whichever
comes first.
( l ) The Secretary of State shall revoke the
registration of a professional petition firm registered under this
section that, in the course of circulating an initiative or
referendum petition or hiring individuals to circulate an initiative
or referendum petition, engages in fraud, misrepresentation, or any
conduct described in Section 18600, 18601, or 18602.
(m) The Secretary of State shall adopt regulations necessary to
implement this section, including, but not limited to, regulations
that do both of the following:
(1) Establish procedures for registering professional petition
firms.
(2) Establish criteria for a training program for persons hired or
retained, directly or indirectly, by a professional petition firm to
solicit signatures of electors on an initiative or referendum
petition. The training program shall include, but is not limited to,
instruction to circulators regarding how to avoid fraud,
misrepresentation, and other misconduct in the circulation of
petitions and instruction on compliance with, and consequences for
violations of, the requirements of this section.
SEC. 11. Section 9038 is added to the Elections
Code, to read:
9038. (a) As used in this section, "accounts" means all of the
following:
(1) A contract entered into for the specific purpose of soliciting
signatures on a petition.
(2) An employment manual or training materials provided to persons
who solicit signatures on a petition.
(3) Payroll records for each employee soliciting signatures on a
petition showing hours worked, number of signatures collected, and
amounts paid.
(4) Records identifying the amount and purpose of each payment
received from a proponent of an initiative or referendum measure or
from any other person who pays the professional petition firm for
signatures on a petition.
(5) Copies of petition sections circulated by persons who receive
money or other valuable consideration for the specific purpose of
soliciting signatures of electors on a petition.
(b) A professional petition firm, as defined in subdivision (a) of
Section 9037, that pays any person money or other valuable
consideration for the specific purpose of soliciting signatures of
electors on an initiative or referendum petition shall keep detailed
accounts, as follows:
(1) The accounts shall be current as of not later than the seventh
calendar day after the date a payment is made to a person for
soliciting signatures on the petition.
(2) (A) The accounts shall be preserved for at least two years
after the deadline for filing the petition for verification of
signatures or at least two years after the date the petition is filed
under Section 9030, whichever is later.
(B) The records in the accounts described in paragraph (5) of
subdivision (a) shall be stored in a secure location and destroyed at
the end of the period described in subparagraph (A).
(c) The Secretary of State may review the accounts of each
professional petition firm described in subdivision (b) in the manner
prescribed by regulations adopted by the Secretary of State.
(d) The Secretary of State may inspect the accounts of a
professional petition firm described in subdivision (b) under
reasonable conditions during normal business hours at any time before
the deadline for filing the petition or during the period specified
for retention of the accounts under paragraph (2) of subdivision (b).
For purposes of this subdivision, normal business hours means those
hours that the proponent of the initiative or referendum measure is
normally open for business to the public. The right of inspection may
be enforced by writ of mandamus issued by a court of competent
jurisdiction.
(e) If a professional petition firm does not produce accounts upon
demand of the Secretary of State, both of the following shall apply:
(1) There is a rebuttable presumption that a violation of Section
9037 has occurred.
(2) The professional petition firm shall not solicit additional
signatures on the petition until the professional petition firm makes
the accounts available to the Secretary of State for inspection. Any
signatures solicited in violation of this paragraph shall not be
counted towards satisfying the requirements of Sections 9030, 9031,
9035, and 9036.
(f) This section shall not be construed to require that accounts
be available for inspection by the public.
SEC. 12. SEC. 11. Section
9039 9037 is added to the Elections Code, to
read:
9039. 9037. (a) An
The signatures on an initiative or
referendum petition section shall be deemed invalid and
shall not be used by an elections official for the purpose of
determining whether the initiative or referendum
measure qualifies for the ballot if the requirements of
Section 9036, 9037, or 9038 are not satisfied or if
signatures are thereon were solicited
and submitted by a person who, in connection with
the circulation of the initiative or referendum
petition, intentionally engages in fraud, misrepresentation, or any
conduct described in Section 18600, 18601, or 18602 , or by a
person who falsely claims to have not received money or other
valuable consideration for the specific purpose of
soliciting signatures of electors pursuant to Section 9036 .
(b) The relief provided for in subdivision (a) may be
obtained through a This section may be enforced by a
civil action brought by the Secretary of State or any elector
. The signatures on a petition section shall be invalidated only
upon a showing , by clear and convincing evidence
, that the requirements for invalidation described
in subdivision (a) have been satisfied. person who
solicited or obtained the signatures did so through intentional
fraud, misrepresentation, or other conduct described in Sections
18600, 18601, and 18602, or that the person falsely claims 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 matters.
(c) The relief provided for in subdivision (a) shall not be
available after the Secretary of State has certified that an
initiative or referendum petition has qualified for the ballot.
(d) If a local elections official is notified of or discovers any
conduct described in subdivision (a), the local elections official
shall promptly notify the Secretary of State.
SEC. 13. SEC. 12. Section 18602 of
the Elections Code is amended to read:
18602. A person working for the proponent or proponents of a
statewide initiative or referendum measure who covers or otherwise
obscures the summary of the measure prepared by the Attorney General
or the disclosure statement printed on the petition pursuant to
Section 9009.6 from the view of a prospective signer is guilty of a
misdemeanor.
SEC. 14. SEC. 13. 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.
