California 2023-2024 Regular Session Status: Enacted

SB 386 — Elections.

Last action — Chaptered by Secretary of State. Chapter 870, Statutes of 2023.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 09, 2023. Enacted.

Signed by Governor Gavin Newsom (Democratic) on October 13, 2023.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law establishes procedures for the filing of a state initiative or referendum petition with county elections officials and for county elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. Under existing law, if the number of signatures filed with all county elections officials is 100% or more of the number of signatures required, the Secretary of State is required to immediately notify county elections officials, who must then preliminarily determine the number of qualified voters who signed the petition, including by use of random sampling if the number of signatures exceeds 500. Thereafter, if the random sampling shows that the number of valid signatures is within 95 to 110% of the requisite number of qualified voters, the Secretary of State must order the examination and verification of the signatures filed, and within 30 days of this order, as specified, the elections official must determine the number of qualified voters who signed the petition. Existing law also permits an elections official to use a random sampling method to determine the number of qualified voters who signed a county, city, or special district initiative or referendum petition, or a local recall petition, if the number of signatures on the petition exceeds 500. If an elections official uses this method and if a specified percentage of valid signatures is demonstrated, the elections official must complete the determination of the number of qualified voters, in the case of a county, city, or special district petition, within 60 days of the date the petition was filed, as specified, and in the case of a local recall petition, within 30 days of the date the petition was filed, as specified. This bill would, with respect to an elections official using the random sampling method to verify signatures for any of the above petitions, extend by 30 days the period within which the official must complete their determination of the number of qualified voters, except when this extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, as specified. (2) Existing law requires a person, to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city elections official and submit the nomination papers, with a requisite number of signatures, by no later than the 88th day before the election. This bill would require a city elections official to post or publish specified election information no later than 3 days before the deadline for the submission of nomination papers, as specified. The information required to be posted or published includes the list of open offices; whether the city elections official has provided nomination papers to incumbents to those offices; if, due to redistricting, there is no incumbent for an open office; the location where nomination papers may be obtained; and the location, dates, and hours of operation of the location where the nomination papers may be filed. (3) Existing law prescribes the required content of ballots. Existing law requires ballots to contain specified instructions for voters in presidential elections. This bill would repeal that requirement. (4) By increasing the duties of local elections officials, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 870, Statutes of 2023.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. Assembly amendments concurred in. (Ayes 32. Noes 8. Page 2837.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 62. Noes 17. Page 3351.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Assembly Rule 69 suspended. (Ayes 62. Noes 15. Page 3010.)

  10. Read second time. Ordered to third reading.

  11. From committee: Do pass. (Ayes 12. Noes 4.) (August 16).

  12. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 21). Re-referred to Com. on APPR.

  13. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on ELECTIONS.

  15. Referred to Com. on ELECTIONS.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 32. Noes 8. Page 1208.) Ordered to the Assembly.

  18. Read second time. Ordered to third reading.

  19. From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

  20. Set for hearing May 1.

  21. From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1. Page 792.) (April 18). Re-referred to Com. on APPR.

  22. Set for hearing April 18.

  23. March 21 hearing postponed by committee.

  24. From committee with author's amendments. Read second time and amended. Re-referred to Com. on E. & C.A.

  25. Set for hearing March 21.

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

  27. From printer. May be acted upon on or after March 12.

  28. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Newman · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 20 voted No

Sponsors (1)

  • Newman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 32 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 21100
Republican 1600
Total 32800
% of votes cast 80%20%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Passed 62 Yea · 17 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 47000
Unaffiliated 15500
Republican 01201
Total 621701
% of votes cast 78%21%0%1%
How each member voted (80)
Member Party Vote
Holden — Yea
Maienschein — Yea
Rodriguez — Yea
Villapudua — Yea
Ting — Yea
Jones-Sawyer — Yea
McCarty — Yea
Rendon — Yea
Friedman — Yea
Low — Yea
Wood — Yea
Santiago — Yea
Essayli — Nay
Waldron — Nay
Mathis — Nay
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Addis, Dawn Democratic Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Alvarez, David Democratic Yea
Arambula, Joaquin Democratic Yea
Bains, Jasmeet Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Carrillo, Juan Democratic Yea
Cervantes, Sabrina Democratic Yea
Connolly, Damon Democratic Yea
Fong, Mike Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Haney, Matt Democratic Yea
Hart, Gregg Democratic Yea
Irwin, Jacqui Democratic Yea
Jackson, Corey A. Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Lowenthal, Josh Democratic Yea
McKinnor, Tina Democratic Yea
Muratsuchi, Al Democratic Yea
Nguyen, Stephanie Democratic Yea
Ortega, Liz Democratic Yea
Pacheco, Blanca Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Schiavo, Pilar Democratic Yea
Soria, Esmeralda Democratic Yea
Valencia, Avelino Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Wilson, Lori D. Democratic Yea
Zbur, Rick Chavez Democratic Yea
Alanis, Juan Republican Nay
Chen, Phillip Republican Not Voting
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Dixon, Diane Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Hoover, Josh Republican Nay
Lackey, Tom Republican Nay
Patterson, Joe Republican Nay
Sanchez, Kate Republican Nay
Ta, Tri Republican Nay
Wallis, Greg Republican Nay

Official roll call →

Do pass.

Passed 12 Yea · 4 Nay
Party YeaNayPresentNot Voting
Democratic 10000
Unaffiliated 2100
Republican 0300
Total 12400
% of votes cast 75%25%0%0%
How each member voted (16)
Member Party Vote
Holden — Yea
Mathis — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Hart, Gregg Democratic Yea
Lowenthal, Josh Democratic Yea
Papan, Diane Democratic Yea
Pellerin, Gail Democratic Yea
Soria, Esmeralda Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wilson, Lori D. Democratic Yea
Dahle, Megan Republican Nay
Dixon, Diane Republican Nay
Sanchez, Kate Republican Nay

Official roll call →

Passed 6 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 5000
Unaffiliated 1001
Republican 0100
Total 6101
% of votes cast 75%13%0%13%
How each member voted (8)
Member Party Vote
Low — Yea
Essayli — Not Voting
Bennett, Steve Democratic Yea
Bryan, Isaac G. Democratic Yea
Lee, Alex Democratic Yea
Pellerin, Gail Democratic Yea
Rubio, Blanca E. Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

3rd Reading

Passed 32 Yea · 8 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10100
Democratic 21100
Republican 1600
Total 32800
% of votes cast 80%20%0%0%
How each member voted (40)
Member Party Vote
Roth — Yea
Atkins — Yea
Portantino — Yea
Newman — Yea
Min — Yea
Eggman — Yea
Glazer — Yea
Dodd — Yea
Bradford — Yea
Skinner — Yea
Wilk — Nay
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Ashby, Angelique V. Democratic Yea
Becker, Josh Democratic Yea
Blakespear, Catherine S. Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Yea
McGuire, Mike Democratic Yea
Menjivar, Caroline Democratic Yea
Nguyen, Stephanie Democratic Nay
Padilla, Stephen C. Democratic Yea
Rubio, Susan Democratic Yea
Smallwood-Cuevas, Lola Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wahab, Aisha Democratic Yea
Wiener, Scott D. Democratic Yea
Alvarado-Gil, Marie Republican Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Niello, Roger W. Republican Nay
Ochoa Bogh, Rosilicie Republican Nay
Seyarto, Kelly Republican Nay

Official roll call →

Subjects

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Frequently asked questions

What does SB 386 do?
(1) Existing law establishes procedures for the filing of a state initiative or referendum petition with county elections officials and for county elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. Under existing law, if the number of signatures filed with all county elections officials is 100% or more of the number of signatures required, the Secretary of State is required to immediately notify county elections officials, who must then preliminarily determine the number of qualified voters who signed the petition, including by use of random sampling if the number of signatures exceeds 500. Thereafter, if the random sampling shows that the number of valid signatures is within 95 to 110% of the requisite number of qualified voters, the Secretary of State must order the examination and verification of the signatures filed, and within 30 days of this order, as specified, the elections official must determine the number of qualified voters who signed the petition. Existing law also permits an elections official to use a random sampling method to determine the number of qualified voters who signed a county, city, or special district initiative or referendum petition, or a local recall petition, if the number of signatures on the petition exceeds 500. If an elections official uses this method and if a specified percentage of valid signatures is demonstrated, the elections official must complete the determination of the number of qualified voters, in the case of a county, city, or special district petition, within 60 days of the date the petition was filed, as specified, and in the case of a local recall petition, within 30 days of the date the petition was filed, as specified. This bill would, with respect to an elections official using the random sampling method to verify signatures for any of the above petitions, extend by 30 days the period within which the official must complete their determination of the number of qualified voters, except when this extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, as specified. (2) Existing law requires a person, to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city elections official and submit the nomination papers, with a requisite number of signatures, by no later than the 88th day before the election. This bill would require a city elections official to post or publish specified election information no later than 3 days before the deadline for the submission of nomination papers, as specified. The information required to be posted or published includes the list of open offices; whether the city elections official has provided nomination papers to incumbents to those offices; if, due to redistricting, there is no incumbent for an open office; the location where nomination papers may be obtained; and the location, dates, and hours of operation of the location where the nomination papers may be filed. (3) Existing law prescribes the required content of ballots. Existing law requires ballots to contain specified instructions for voters in presidential elections. This bill would repeal that requirement. (4) By increasing the duties of local elections officials, the 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 386?
SB 386 is sponsored by Newman.
What is the current status of SB 386?
This bill has been enacted into law. Introduced February 09, 2023. Enacted.
Where can I track SB 386?
Track SB 386 free on One Click Politics — get push/email alerts when it moves.

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