AB 857 — Initiatives: petition circulators.

Summary

(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 10% 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 10% 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 10% 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, 2014, 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 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 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.

Bill Text

• Enrolled 09/18/13 - Enrolled Current pdf September 18, 2013
• Amended 09/06/13 - Amended Senate pdf September 06, 2013
• Amended 08/12/13 - Amended Senate pdf August 12, 2013
• Amended 06/26/13 - Amended Senate pdf June 26, 2013
• Amended 05/24/13 - Amended Assembly pdf May 24, 2013
• Amended 04/16/13 - Amended Assembly pdf April 16, 2013
• Amended 03/21/13 - Amended Assembly pdf March 21, 2013
• Introduced 02/21/13 - Introduced pdf February 21, 2013
• AB857 View text html

Action History

1. March 06, 2014

   Last day to consider Governor's veto pursuant to Joint Rule 58.5.

2. January 06, 2014

   Consideration of Governor's veto pending.

3. October 12, 2013

   Vetoed by Governor.

4. September 26, 2013

   Enrolled and presented to the Governor at 4:30 p.m.

5. September 11, 2013

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 51. Noes 25. Page 3213.).

6. September 11, 2013

   Assembly Rule 77 suspended. (Page 3195.)

7. September 10, 2013

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 12 pursuant to Assembly Rule 77.

8. September 10, 2013

   Read third time. Passed. Ordered to the Assembly. (Ayes 23. Noes 11. Page 2309.).

9. September 09, 2013

   Read second time. Ordered to third reading.

10. September 06, 2013

    Read third time and amended. Ordered to second reading.

11. September 03, 2013

    Read second time. Ordered to third reading.

12. August 30, 2013

    From committee: Do pass. (Ayes 5. Noes 2.) (August 30).

13. August 19, 2013

    In committee: Placed on APPR. suspense file.

14. August 12, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

15. August 08, 2013

    In committee: Hearing postponed by committee.

16. July 03, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (July 2). Re-referred to Com. on APPR.

17. June 26, 2013

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E. & C.A.

18. June 13, 2013

    Referred to Com. on E. & C.A.

19. May 29, 2013

    In Senate. Read first time. To Com. on RLS. for assignment.

20. May 29, 2013

    Read third time. Passed. Ordered to the Senate. (Ayes 53. Noes 24. Page 1755.)

21. May 28, 2013

    Read second time. Ordered to third reading.

22. May 24, 2013

    Read second time and amended. Ordered to second reading.

23. May 24, 2013

    From committee: Do pass as amended. (Ayes 12. Noes 5.) (May 24).

24. May 08, 2013

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. April 24, 2013

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 23). Re-referred to Com. on APPR.

26. April 17, 2013

    Re-referred to Com. on E. & R.

27. April 16, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

28. April 01, 2013

    Re-referred to Com. on E. & R.

29. March 21, 2013

    From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended.

30. March 21, 2013

    Referred to Com. on E. & R.

31. February 22, 2013

    From printer. May be heard in committee March 24.

32. February 21, 2013

    Read first time. To print.

Sponsors

• Mike Fong · Primary

Votes

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