Bill Text: CA SB1094 | 2015-2016 | Regular Session | Enrolled
Bill Title: Initiatives: petition circulators.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2016-11-30 - Last day to consider Governor's veto pursuant to Joint Rule 58.5. [SB1094 Detail]
Download: California-2015-SB1094-Enrolled.html
BILL NUMBER: SB 1094 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2016
PASSED THE ASSEMBLY AUGUST 24, 2016
AMENDED IN ASSEMBLY AUGUST 19, 2016
AMENDED IN ASSEMBLY AUGUST 15, 2016
AMENDED IN ASSEMBLY JUNE 15, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE APRIL 18, 2016
AMENDED IN SENATE APRIL 7, 2016
INTRODUCED BY Senator Hernandez
(Coauthor: Assembly Member Gonzalez)
FEBRUARY 17, 2016
An act to amend Sections 9008, 9030, and 9031 of, and to add
Sections 9009.5, 9009.6, 9009.7, 9022.5, 9036, and 9037 to, the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1094, Hernandez. 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.
This bill would require 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 to make additional declarations, as specified.
(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 5% 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.
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 5% 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 5% 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 provide that its provisions do not apply to any
initiative petition for which the Attorney General issued a
circulating title and summary before January 1, 2017, and 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 additionally require a statewide initiative,
referendum, or recall petition to include a disclosure, as specified,
notifying the public that the petition circulator is receiving money
or other valuable consideration for the specific purpose of
soliciting signatures of electors, or is a volunteer or employee of a
nonprofit organization.
(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 specified persons 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.
(8) This bill would provide that specified provisions shall become
operative only if the Secretary of State certifies that the state
has a statewide voter registration database that complies with the
requirements of the federal Help America Vote Act of 2002 (52 U.S.C.
Sec. 20901 et seq.).
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.
(5) 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, instead, is often viewed as the result of a
special interest willing to pay the necessary amount of money to
qualify 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 circulated by volunteer and
grassroots 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) 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 gather as many signatures as possible in
the least amount of time, and may not provide electors with a full
explanation of the true purpose and effect of the proposed initiative
measure. Without a better measure of public support, special
interests may qualify an initiative measure for the ballot regardless
of the actual content of the proposal.
(8) 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.
(9) 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 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 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 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. 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. Section 9009.6 is added to the Elections Code, to read:
9009.6. Notwithstanding any other 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, except as provided by paragraph
(1) of subdivision (b) of Section 9036, shall include the following
statement immediately prior to the portion of the petition for voters'
signatures, printed names, and residence addresses, printed in
12-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."
SEC. 5. Section 9009.7 is added to the Elections Code, to read:
9009.7. Notwithstanding any other law, a petition for a proposed
initiative measure that is circulated by a person who does not
receive money or other valuable consideration for the specific
purpose of 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 12-point boldface type:
"NOTICE TO THE PUBLIC: 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."
SEC. 6. Section 9022.5 is added to the Elections Code, to read:
9022.5. In addition to the information required by Sections 104
and 9022, 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:
(a) The person does not receive money or other valuable
consideration for soliciting signatures of electors for purposes of
subdivision (a) of Section 9036.
(b) 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.
SEC. 7. Section 9030 of the Elections Code, as amended by Section
9 of Chapter 697 of the Statutes of 2014, is amended to read:
9030. (a) Each section of the petition shall be filed with the
elections official of the county or city and county in which it was
circulated, but all sections circulated in any 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 number 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.
(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 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.
(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 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 of certificates by the Secretary of
State 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 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. 8. Section 9030 of the Elections Code, as amended by Section
76 of Chapter 728 of the Statutes of 2015, 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 number 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.
(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 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.
(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 the number of
qualified voters who have signed the petition, the elections official
may use any 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 of certificates by the Secretary of
State 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 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. 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 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 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) (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, 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 petition shall be deemed to be filed as of the date
of receipt of certificates by the Secretary of State 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.
(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. 10. Section 9036 is added to the Elections Code, to read:
9036. (a) At least 5 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 with the primary purpose 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, for purposes of subdivision (a), does not receive money or
other valuable consideration for the specific purpose of soliciting
signatures of electors, unless the 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.
(5) For purposes of this subdivision, whether an organization, or
a member or employee of an organization, has the primary purpose of
soliciting signatures on an initiative 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 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, 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 that contains a declaration
pursuant to Section 9022.5 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).
(h) A person who receives money or other valuable consideration
for the specific purpose of soliciting signatures on an initiative
petition shall not circulate a petition or a section of a petition
for purposes of satisfying the requirement of subdivision (a) for the
same initiative measure.
SEC. 11. Section 9037 is added to the Elections Code, to read:
9037. (a) The signatures on an initiative petition section shall
be deemed invalid and shall not be used for the purpose of
determining whether the initiative measure qualifies for the ballot
if the signatures thereon were solicited by a person who, in
connection with the circulation of the initiative 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) This section may be enforced by a civil action brought by the
Secretary of State, the Attorney General, a district attorney, or a
city attorney of a city with a population greater than 750,000. 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 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 civil matters.
(c) The relief provided for in subdivision (a) shall not be
available after the Secretary of State has certified that an
initiative 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.
(e) This section does not permit a local elections official who is
notified of or discovers any conduct described in subdivision (a) to
refuse to examine or to stop the examination of the petition or
petition sections.
SEC. 12. The provisions of this act do not apply to an initiative
petition for which the Attorney General issued a circulating title
and summary before January 1, 2017.
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.
SEC. 14. Section 8 shall become operative only if the Secretary of
State certifies that the state has a statewide voter registration
database that complies with the requirements of the federal Help
America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
