Bill Text: CA SB1441 | 2023-2024 | Regular Session | Amended
Bill Title: Examination of petitions: time limitations and reimbursement of costs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-08-08 - Read second time. Ordered to third reading. [SB1441 Detail]
Download: California-2023-SB1441-Amended.html
|
Amended
IN
Senate
April 04, 2024 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Senate Bill
No. 1441
| Introduced by Senator Allen |
February 16, 2024 |
An act to amend Section 7924.110 of the Government Code, relating to petitions.
LEGISLATIVE COUNSEL'S DIGEST
SB 1441, as amended, Allen.
Examination of petitions: time limitations and reimbursement of costs.
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, except as provided. Existing law generally includes in the meaning of “public records” any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.
Under existing law, certain election petitions are not public records and are not open to inspection except by certain persons. Specifically, existing law authorizes, among other persons, the proponents of a petition found to be insufficient or their designated representative to examine the petition no later than 21 days after certification of the insufficiency.
This bill would require
the examination to conclude no later than 60 days after it commenced. The bill would also require the proponent to reimburse all costs incurred by the county elections official due to the examination within 30 days after the examination concludes. The bill would, before an examination is conducted and at the beginning of each day following, require the proponent of a petition who requests to examine a petition and a memorandum to deposit with the elections official a sum required by the elections official to cover the cost of the examination for that day. The bill would authorize the return of any money deposited in excess of the cost of the examination and provide that money not required to be refunded be deposited in the appropriate public treasury.
By imposing new duties on county elections officials related to examination of petitions, this bill 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 no reimbursement is required by this act for a specified reason.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 7924.110 of the Government Code is amended to read:7924.110.
(a) Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, 7920.545, 7922.545, subdivision (a) of Section 7920.525, subdivision (b) of Section 7922.540, and Sections 7922.500 to 7922.535, inclusive, the following are not public records:(1) A statewide, county, city, or district initiative, referendum, or recall petition.
(2) A petition circulated pursuant to Section 5091 of the Education Code.
(3) A petition for reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21
of Division 3 of Title 2 of the Education Code.
(4) A petition for reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of Division 7 of Title 3 of the Education Code.
(5) A memorandum prepared by a county elections official in the examination of a petition, indicating which registered voters signed that particular petition.
(b) The materials described in subdivision (a) shall not be open to inspection except by the following persons:
(1) A public officer or public employee who has the duty of receiving, examining, or preserving the petition, or who is responsible for preparation of the memorandum.
(2) If a petition is found to be insufficient, by the proponent of the petition and a representative of the proponent as may be designated by the proponent in writing, in order to determine which signatures were disqualified and the reasons therefor.
(c) Notwithstanding subdivisions (a) and (b), the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a city attorney, a school district attorney, and a community college district attorney shall be permitted to examine the materials described in subdivision (a) upon approval of the appropriate superior court.
(d) (1) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant
to subdivision (b), the
examination shall commence not later than 21 days after certification of insufficiency and shall conclude no later than 60 days from the date that the examination commenced, and the county elections official shall retain the documents as prescribed in Section 17200 of the Elections Code. All costs incurred by the county elections official due to the examination shall be reimbursed by the proponent within 30 days from the date that the examination concludes.
(2) Before an examination is conducted pursuant to subdivision (b) and at the beginning of each day following, the proponent of a petition who requests to examine a petition and a memorandum shall deposit with the elections official a sum as required by the elections official to cover the cost of the examination for that day. The proponent shall be entitled to the return
of any money deposited in excess of the cost of the examination. Money not required to be refunded shall be deposited in the appropriate public treasury. The elections official is not bound by any estimate of cost provided to the proponent or required to be deposited by the proponent and may, on a pro rata basis, bill the proponent for additional actual expense or refund any excess paid depending on the final actual cost.
(3) “Cost” for purposes of this subdivision means any cost incurred by a county elections official that is in addition to or greater than general operating costs.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SEC. 3.SEC. 2.
The Legislature finds and declares that Section 1 of this act, which amends Section 7924.110 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution,
the Legislature makes the following findings:It is a fundamental and necessary right of every person in this state to have access to information concerning the conduct of the people’s business.
SEC. 4.SEC. 3.
The Legislature finds and declares that Section 1 of this act, which amends Section 7924.110 of the Government Code, imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:It is the intent of this act to continue the existing balance between the public’s right of access to information concerning the conduct of public business and other interests, including the constitutional guarantee of privacy of persons signing initiative, referendum, and recall petitions, which are not public records under Section 7924.110 of the Government Code.
It is the intent of this act to further the interest of petition proponents to examine initiative, referendum, and recall petitions without undue delay or excessive expenditure of time, money, and resources, to allow for any examination of the petition to proceed and conclude in a timely manner. It is also the intent of this act to further the interest of elections officials to provide support to proponents in the petition examination process without undue delay
or excessive expenditure of time, money, and resources, to avoid any interference with the elections officials’ ability to complete all statutory and ongoing election support activities in the administration of elections.
