California Senate Bill SB213 Introduced / Bill

 BILL NUMBER: SB 213INTRODUCED BILL TEXT INTRODUCED BY Senator Galgiani FEBRUARY 11, 2013 An act to amend Sections 102, 104, 6106, 6108, 6363, 6365, 6584, 6586, 6587, 6784, 6786, 6787, 8041, 8066, 8106, 8409, 8451, 9021, 9022, 9209, 9237, 9238, 9305, 9307, 10220, 10226, 11045, and 11046 of, and to add Section 102.5 to, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 213, as introduced, Galgiani. Election petitions: circulators. (1) Existing law generally prohibits the circulation of initiative, referendum, and recall petitions and nominating papers by a person who is not a resident of the state. This bill would authorize a person to circulate a petition or nominating paper if the person is at least 18 years of age and either is a resident of the state or has filed with the Secretary of State an irrevocable consent that suits and actions arising out of or in connection with the petition or nominating paper may be commenced against him or her in any court of competent jurisdiction in this state by the service on the Secretary of State of any summons, process, or pleadings authorized by law. The bill would require a circulator to certify under penalty of perjury that the circulator is 18 years of age or older and that the circulator has irrevocably consented to suits, actions, and service of process, if not a resident of the state. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would make conforming changes to various provisions of existing law. (2) 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. 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. Section 102 of the Elections Code is amended to read: 102. A person  who is a voter or who is qualified to register to vote in this state may   shall not  circulate  an   a state or local  initiative  or   ,  referendum  , or recall  petition  in accordance with this code. A person who is a voter may circulate a recall petition in accordance with this code   or nominating paper unless the person is 18 years of age or older and either a resident of the state or a nonresident who has met the requirements of Section 102.5  . SEC. 2. Section 102.5 is added to the Elections Code, to read: 102.5. (a) Before circulating a state or local initiative, referendum, or recall petition or nominating paper, a person who does not reside in this state shall file with the Secretary of State an irrevocable consent that suits and actions arising out of or in connection with the petition or nominating paper may be commenced against him or her in any court of competent jurisdiction in this state by the service on the Secretary of State of any summons, process, or pleadings authorized by the laws of the state. This consent shall stipulate that the service of summons, process, or pleadings on the Secretary of State shall be taken and held in all courts to be as valid and binding as if due service had been made upon the circulator personally in the state. (b) If the Secretary of State is served with a summons, process, or pleadings pursuant to subdivision (a), the Secretary of State shall immediately cause a copy of the documents served to be forwarded by certified mail addressed to the circulator at the circulator's last known address. Notwithstanding any other provision of law, the circulator shall have not less than 40 days from the date of the mailing by the Secretary of State to answer the summons, process, or pleadings. (c) This section does not limit the right of a person to serve any summons, process, or pleadings upon the circulator in another manner permitted by law. SEC. 3. Section 104 of the Elections Code is amended to read: 104. (a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth, in the circulator's own hand, the following: (1) The printed name of the circulator. (2) The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. (3) The dates between which all the signatures to the petition or paper were obtained. (b) Each declaration submitted pursuant to this section shall also set forth the following: (1) That the circulator circulated that section and witnessed the appended signatures being written. (2) That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.  (3) That the circulator is 18 years of age or older.   (4) If the circulator is not a resident of the state, that the circulator has irrevocably consented to suits, actions, and service of process in the state pursuant to Section 102.5.  (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 the signature of his or her name. The circulator shall state the date and the place of execution on the declaration immediately preceding his or her signature. SEC. 4. Section 6106 of the Elections Code is amended to read: 6106. Each section shall be prepared with the lines for signatures numbered, and shall have attached the affidavit of the circulator who obtained signatures to it,  stating that all the signatures to the attached section were made in his or her presence, and that to the best of his or her knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be   which shall meet all of the requirements of Section 104  . No other affidavit is required. The affidavit of any circulator shall be verified free of charge by any officer authorized to administer oaths. SEC. 5. Section 6108 of the Elections Code is amended to read: 6108. The nomination paper for the presidential primary ballot shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF A PRESIDENTIAL CANDIDATE OR UNCOMMITTED DELEGATE Section _________ Page _____ County of ______________. Nomination paper of a candidate or uncommitted delegation for the presidential primary ballot. State of ) California ) ss. County of ______ SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ____, State of California, and am registered as affiliated with the Democratic Party. I hereby nominate ____ for the presidential primary to be held on the ____ day of ____, 20__. I have not signed the nomination paper of any other candidate or uncommitted delegation, and I further declare that I intend to support the candidate or uncommitted delegation named herein. ___________________________________________________ ___________________________________________________ Number Signature Printed name Residence ___________________________________________________ 1. ______________________________________________ 2. ______________________________________________ 3. ______________________________________________ etc. ______________________________________________ ___________________________________________________ CIRCULATOR'S AFFIDAVIT I, ____________, solemnly swear (or affirm)  th  a  t   ll   of the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   _________________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   __________________________________________________   ____________.)   4. That  I secured signatures in the County of   ____________ to the nomination paper of a candidate or uncommitted delegation for the presidential primary ballot named in the signer's statement above; that all the signatures on this section of the nomination paper numbered from 1 to ___, inclusive, were made in my presence, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. The signatures were obtained between ____________, 20___, and ____________, 20____. (Signed)_ __________ Circulator _ Subscribed and sworn to before me this ____ day of ____, 20____. _______ Notary ______ Public _________ (or other __________ official) (SEAL) SEC. 6. Section 6363 of the Elections Code is amended to read: 6363. Each section shall be prepared with the lines for signatures numbered, and shall have attached the affidavit of the circulator who obtained signatures to  it, stating that all the signatures to the attached section were made in his or her presence, and that to the best of his or her knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be   it, which shall meet all of the requirements of Section 104  . No other affidavit is required. The affidavit of any circulator shall be verified free of charge by any officer authorized to administer oaths. SEC. 7. Section 6365 of the Elections Code is amended to read: 6365. The nomination paper for a candidate shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF CANDIDATE Section ____________ Page ____________ County of __________. Nomination paper for ____________ as presidential nominee of the Republican Party. State of ) California ) ss. County of ______ SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the Republican Party. I have not signed the nomination paper of any other candidates for the same office, and further declare that I intend to support the nomination of the candidate named herein at the Republican Party presidential primary to be held on the ____________ day of ____________, 20____. ___________________________________________________ ___________________________________________________ Number Signature Printed name Residence ___________________________________________________ 1. ______________________________________________ 2. ______________________________________________ 3. ______________________________________________ etc. ______________________________________________ CIRCULATOR'S AFFIDAVIT  I, ________, solemnly swear (or affirm) all of   the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or I   have irrevocably consented to suits, actions, and   service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   I,  ________  , solemnly swear (or affirm) that   __________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   I secured signatures in the County of  ________  to   _________________________________________.)   4. That I secured signatures in the County of   ________ to  the nomination paper of the candidate  named in the   named in the  signer's statement above as candidate  for   for  nomination by the Republican Party at its   presidential primary election; that all the signatures on this section of the nomination paper numbered from 1 to ____________, inclusive, were made in my presence, that the signatures were obtained between ____________, 20__  ,  and   ____________, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. (Signed)____________ Circulator Subscribed and sworn to before me this ____________ day of ____________, 20 ____. _______________________________ Notary Public (or other (SEAL) official) SEC. 8. Section 6584 of the Elections Code is amended to read: 6584. Each section shall be prepared with the lines for signatures numbered, and shall have attached the affidavit of the circulator who obtained signatures to  it, stating, under penalty of perjury, that all the signatures to the attached section were made in his or her presence, and that to the best of his or her knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be   it, which shall meet all of the requirements of Section 104  . No other affidavit is required. SEC. 9. Section 6586 of the Elections Code is amended to read: 6586. The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE Section ____________ Page ____________ County of ______________. Nomination paper of a presidential preference candidate for the American Independent Party presidential primary ballot. State of ) California ) ss. County of ______ SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the American Independent Party. I hereby nominate ____________ for the presidential preference portion of the American Independent Party's presidential primary ballot, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidate for the same office, or for any group of delegates, to the national convention of the party, and I further declare that I intend to support the candidate named herein. ________________________________________________ ________________________________________ Number Signature Printed name Residence 1. ____________________________________________ 2. ____________________________________________ 3. ____________________________________________ etc. ___________________________________________ CIRCULATOR'S AFFIDAVIT  I, ______, solemnly swear (or affirm) all of   the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   I,  ______  , solemnly swear (or affirm) that   __________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   I secured signatures in theCounty of  ____  to the   ___________________________________________.)   4. That I secured signatures in theCounty of   ____ to the  nomination paper of a candidate in  the   the  presidential preference primary of the  American   American  Independent Party; that all the  signatures   on     signatures on  this section of the nomination  paper numbered   paper numbered  from 1 to ____, inclusive, were  made in my   made in my  presence, that the signatures were  obtained   obtained  between ____, 20_, and ____, 20_, and  that to  th  at to th  e best of my knowledge and belief each   signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. (Signed)____________ Circulator SEC. 10. Section 6587 of the Elections Code is amended to read: 6587. The nomination paper for a group of candidates for delegates, to the national convention shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF GROUP OF CANDIDATES FOR DELEGATES TO NATIONAL CONVENTION Section ____________ Page ____________ County of ______________. Nomination paper of group of candidates for election as delegates by the American Independent Party pledged to the candidacy of ____________ as presidential nominee or expressing no preference, as the case may be. State of California ) ss. County of ___________ ) SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ____________, State of California, and am registered as intending to affiliate with the American Independent Party. I hereby nominate the following: ______________________ Residence city Number Names or town County 1. _______________________________________________ 2. ______________________________________________ 3. _______________________________________________ etc. ______________________________________________ (to such number as may be required) etc., as candidates for delegates to the American Independent Party's National Convention, to be voted for at the presidential primary to be held on the ____________ day of ____________, 20____. I have not signed the nomination paper of any other candidates for the same office, or of any candidate for the presidential preference portion of the primary ballot, and I further declare that I intend to support for nomination the candidates named herein. ___________________________________________________ ________________________________________ Number Signature Printed name Residence 1. _______________________________________________ 2. _______________________________________________ 3. _______________________________________________ etc. ______________________________________________ CIRCULATOR'S AFFIDAVIT  I, ______, solemnly swear (or affirm) all of   the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   I,  ______  , solemnly swear (or affirm) that  __________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   _______________________________________________.)   4. That  I secured signatures in the County of  ____ to   ____ to  the nomination paper of the group of  candidates   candidates  named in the signer's statement above  as   as  candidates for nomination and election by the   American Independent Party as delegates to represent the State of California in the party's next national convention; that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20_, and ____, 20_, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. (Signed)____________ Circulator SEC. 11. Section 6784 of the Elections Code is amended to read: 6784. Each section shall be prepared with the lines, for signatures numbered, and shall have attached the declaration of the circulator who obtained signatures to  it, stating, under penalty of perjury, that she or he is a voter registered as affiliated with the Peace and Freedom Party, that all the signatures to the attached section were made in her or his presence, and that to the best of her or his knowledge and belief each signature to the section is the genuine signature of the person whose name it purports to be   it, which shall meet all of the requirements of Section 104  . No other declaration is required to be made. SEC. 12. Section 6786 of the Elections Code is amended to read: 6786. The nomination paper for a candidate for the presidential preference portion of the ballot shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF PRESIDENTIAL PREFERENCE PRIMARY CANDIDATE Section ______ Page ______ County of _________. Nomination paper of a presidential preference candidate for the Peace and Freedom Party presidential primary ballot. State of California ) ss. County of ________ ) SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ______, State of California, and am registered as affiliated with the Peace and Freedom Party. I hereby nominate ________ for the presidential preference portion of the Peace and Freedom Party's presidential primary ballot, to be voted for at the presidential primary to be held on the ______ day of June, 20__. I have not signed the nomination paper of any other candidate for the same office, or for any group of delegates to the national convention of the ______ Party, with which the Peace and Freedom Party of California is affiliated on the national level. __________________________________________________ __________________________________________________ Residence street Signatur Printed address Number e name /city ___________________________________________________ 1. ______________________________________________ 2. ______________________________________________ 3. ______________________________________________ etc. _____________________________________________ ___________________________________________________ CIRCULATOR'S AFFIDAVIT  I, ______,   affirm   all of the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   I,  ______ , affirm that I am a voter registered   __________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   as   _______________________________________________.)   affiliated with   4. That I secured signatures in the County of   ____ to the nomination paper of a candidate in   the presidential preference primary of the Peace   and Freedom Party, that all the signatures on   this section of the nomination paper numbered   from 1 to ____, inclusive, were made in my   presence, that the signatures were obtained   between ____, 20_, and ____, 20_, and that to   the best of my knowledge and belief each   signature is the genuine signature of the person   whose name it purports to be.   the Peace and Freedom Party in ____ County, that  I secured signatures in the County of ____ to   the nomination paper of a candidate in the   presidential preference primary of the Peace and   Freedom Party, that all the signatures on this   section of the nomination paper numbered from 1   to ____, inclusive, were made in my presence,   that the signatures were obtained between ____,   20_, and ____, 20_, and that to the best of my   knowledge and belief each signature is the   genuine signature of the person whose name it  purports to be.  I declare under penalty of perjury that the foregoing is true and correct. Executed at ____, California, this ____ day of ____, 20_. (Signed) _____________ Circulator (Printed name)_________________ SEC. 13. Section 6787 of the Elections Code is amended to read: 6787. The nomination paper for a group of candidates for delegates to the national convention shall be in substantially the following form: SECTION OF NOMINATION PAPER SIGNED BY VOTER ON BEHALF OF GROUP OF CANDIDATES FOR DELEGATES TO NATIONAL CONVENTION Section ______ Page ______ County of _________. Nomination paper of group of candidates for election as delegates by the Peace and Freedom Party pledged to the candidacy of ______ as presidential nominee, or expressing no preference, as the case may be. State of California ) ss. County of ________ ) SIGNER'S STATEMENT I, the undersigned, am a voter of the County of ______, State of California, and am registered as affiliated with the Peace and Freedom Party. I hereby nominate the following: __________________________________________________ __________________________________________________ Residence city or Number Names town County ____________________________________________________ 1. _______________________________________________ 2. _______________________________________________ 3. _______________________________________________ etc. ______________________________________________ ____________________________________________________ (to the number as may be required) as candidates for delegate to the national convention of the ______ Party, with which the Peace and Freedom Party of California is affiliated on the national level, to be voted for at the presidential primary to be held on the ______ day of  March   June  , 20___. I have not signed the nomination paper of any other group of candidates for delegates to the national convention or of any candidate for the presidential preference portion of the primary ballot. ____________________________________________________ ____________________________________________________ Residence street Signatur Printed address Number e name /city ___________________________________________________ 1. ______________________________________________ 2. ______________________________________________ 3. ______________________________________________ etc. _____________________________________________ ___________________________________________________ CIRCULATOR'S AFFIDAVIT  I, ______,   affirm   all of the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   I,  ______  , affirm that I am a voter registered   __________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   as   _______________________________________________.)   affiliated with   4. That I secured signatures in the County of   ____ to the nomination paper of the group of   candidates named in the signer's statement above   the Peace and Freedom Party in ____ County, that   I secured signatures in the County of ____ to   the nomination paper of the group of candidates   named in the signer's statement above as   as  candidates for nomination and election by the   Peace and Freedom Party as delegates to represent the Peace and Freedom Party of California in the ____ Party's next national convention, that all the signatures on this section of the nomination paper numbered from 1 to ____, inclusive, were made in my presence, that the signatures were obtained between ____, 20__, and ____, 20__, and that to the best of my knowledge and belief each signature is the genuine signature of the person whose name it purports to be. I declare under penalty of perjury that the foregoing is true and correct. Executed at ____, California, this ____ day of ____, 20__. (Signed) _____________ Circulator (Printed name)_________________ SEC. 14. Section 8041 of the Elections Code is amended to read: 8041. (a) The nomination paper shall be in substantially the following form: NOMINATION PAPER I, the undersigned signer for ______ for nomination to the office of ____, to be voted for at the primary election to be held on the ____ day of ____, 20__, hereby assert as follows: I am a resident of ____ County and registered to vote at the address shown on this paper. I am not at this time a signer of any other nomination paper of any other candidate for the above-named office, or in case there are several places to be filled in the above-named office, I have not signed more nomination papers than there are places to be filled in the above-named office. My residence is correctly set forth after my signature hereto: Name ____________________________________________ Residence _______________________________________ (b) The affidavit of the circulator shall read as follows: AFFIDAVIT OF THE CIRCULATOR  I, ______, solemnly swear (or affirm) all of   the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   I,  ______  , solemnly swear (or affirm) that   __________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   _______________________________________________.)   4. That the signatures on this section of the   nomination paper were obtained between _____,   20__, and _____, 20__; that I circulated the   petition and I witnessed  the signatures on this  section of the nomination   paper were obtained between _____, 20__, and   _____, 20__; that I circulated the petition and   I witnessed the signatures on this section of   section of  the nomination paper being written;  and that,   to   and that, to  the best of my information and  belief, each   belief, each  signature is the genuine signature  of the person   of the person  whose name it purports to be.  My voting residence is ______________.  Signed _________________________________________ Subscribed and sworn to before me this ___________ day of _____________, 20__. (SEAL) ___________________________________ Notary Public (or other official) Examined and certified by me this ___________ day of _____________, 20__. _____________________________ Elections Official WARNING: Every person acting on behalf of a candidate is guilty of a misdemeanor who deliberately fails to file at the proper time and in the proper place any nomination paper in his or her possession which is entitled to be filed under Section 18202 of the Elections Code. (c) If the nomination paper is for a partisan office, the nomination paper shall include a statement indicating the party preference of the signer of the nomination paper. SEC. 15. Section 8066 of the Elections Code is amended to read: 8066. Circulators shall  be voters in the district or political subdivision in which the candidate is to be voted on and shall serve only in that district or political subdivision   meet the requirements of Section 102  . SEC. 16. Section 8106 of the Elections Code is amended to read: 8106. (a) Notwithstanding any other provision of this article, a candidate may submit a petition containing signatures of registered voters in lieu of a filing fee as follows: (1) For the office of California State Assembly, 1,500 signatures. (2) For the office of California State Senate and the United States House of Representatives, 3,000 signatures. (3) For candidates running for statewide office, 10,000 signatures. (4) For all other offices for which a filing fee is required, if the number of registered voters in the district in which he or she seeks nomination is 2,000 or more, a candidate may submit a petition containing four signatures of registered voters for each dollar of the filing fee, or 10 percent of the total of registered voters in the district in which he or she seeks nomination, whichever is less. (5) For all other offices for which a filing fee is required, if the number of registered voters in the district in which he or she seeks nomination is less than 2,000, a candidate may submit a petition containing four signatures of registered voters for each dollar of the filing fee, or 20 percent of the total of registered voters in the district in which he or she seeks nomination, whichever is less. (6) A voter may sign both a candidate's nomination papers and his or her in-lieu-filing-fee petition. However, if signatures appearing on the documents are counted towards both the nomination paper and the in-lieu-filing-fee petition signature requirements, a person may only sign one of the documents. (b) The Secretary of State or an elections official shall furnish to each candidate, upon request, and without charge therefor, forms for securing signatures. The number of forms which the elections official shall furnish a candidate shall be a quantity that provides the candidates with spaces for signatures sufficient in number to equal the number of signatures that the candidate is required to secure pursuant to subdivision (a) if the candidate desires that number of forms. However, the elections official, rather than provide the candidate with the number of forms set forth in the preceding sentence, or upon the request of a candidate, may provide the candidate with a master form that may be duplicated by the candidate at the candidate's expense for the purpose of circulating additional petitions. The Secretary of State shall provide the master form. The elections official may provide candidates a form other than the master form provided by the Secretary of State. However, that form shall meet all statutory requirements, and the elections official shall also make available and accept the master form provided by the Secretary of State. All forms shall be made available commencing 45 days before the first day for circulating nomination papers. However, in cases of vacancies for which a special election is authorized or required to be held to fill the vacancy, and where the prescribed nomination period would commence less than 45 days after the creation of the vacancy, the forms shall be made available within five working days after the creation of the vacancy. No other form except the form furnished by the Secretary of State or the elections official or forms duplicated from a master form shall be used to secure signatures. Each petition section shall bear an affidavit signed by the circulator, in substantially the same form as set forth in Section 8041. The substitution of signatures for fees shall be subject to the following provisions: (1) Any registered voter may sign an in-lieu-filing-fee petition for any candidate for whom he or she is eligible to vote. (2) If a voter signs more candidates' petitions than there are offices to be filled, the voter's signatures shall be valid only on those petitions which, taken in the order they were filed, do not exceed the number of offices to be filled. (3) In-lieu-filing-fee petitions shall be filed at least 15 days prior to the close of the nomination period. Upon receipt of the minimum number of in-lieu-filing-fee signatures required, or a sufficient combination of signatures and pro rata filing fee, the elections official shall issue nomination papers provisionally. Within 10 days after receipt of a petition, the elections official shall notify the candidate of any deficiency. The candidate shall then, prior to the close of the nomination period, either submit a supplemental petition, or pay a pro rata portion of the filing fee to cover the deficiency. (4) If the petition is circulated for an office in more than one county, the candidate shall submit the signatures to the elections official in the county in which the petition was circulated. The elections official shall, at least two days after verifying the signatures on the petition, notify the Secretary of State of the total number of valid signatures. If the number of signatures is insufficient, the Secretary of State shall notify the candidate and the elections officials of the fact. The candidate may submit the necessary number of valid signatures at any time prior to the close of the period for circulating nomination papers. Each circulator  of an in-lieu-filing-fee petition shall be a registered voter of the district or political subdivision in which the candidate is to be voted on. The circulator shall serve within the county in which he or she resides   shall meet the requirements of Section 102  . (5) Each candidate may submit a greater number of signatures to allow for subsequent losses due to invalidity of some signatures. The elections official shall not be required to determine the validity of a greater number of signatures than that required by this section. (c) For the purposes of this section, the requisite number of signatures shall be computed from the latest registration figures forwarded to the Secretary of State pursuant to Section 2187 prior to the first day on which petitions are available. (d) All valid signatures obtained pursuant to this section shall be counted toward the number of voters required to sign a nomination paper in accordance with Section 8061 or 8405. SEC. 17. Section 8409 of the Elections Code is amended to read: 8409. Each candidate or group of candidates shall submit a nomination paper that shall be substantially in the following form: County of _______. Nomination paper of ______, candidate for the office of _______. State of California ) ss. County of ___________ ) SIGNER'S STATEMENT I, undersigned, am a voter of the County of ______, State of California. I hereby nominate __________, who resides at No. ______, ________ Street, City of ________, County of ______, State of California, as a candidate for the office of _______ to be voted for at the election to be held on the ______ day of ______, 20___. I have not signed the nomination paper of any other candidate for the same office. ___________________________________________________ ___________________________________________________ Number Signature Printed Name Residence ______________________________________________________ 1. ___________ ______________ ________________ 2. ____________ ______________ ________________ 3. ____________ ______________ ________________ 4. ____________  ,    ______________ ________________ 5. ____________ ______________ ________________ etc.____________ ______________ ________________ CIRCULATOR'S AFFIDAVIT  I, ________, solemnly swear (or affirm) all of  the following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number,   is   I,  ________  , solemnly swear (or affirm) that   ________________________________________.   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   _______________________________________________.)   4. That  I secured signatures in the County of  ______ to   ______ to  the nomination paper of ________ as  candidate   candidate  for the office of ______; that the  signatures   signatures  were obtained between _______, 20__,  and   and  ________, 20__; that I saw all the  signatures   on   signatures on  this section of the nomination  paper being   paper being  signed and that, to the best  of my   of my  information and belief, each signature is  the   the  genuine signature of the person whose name  it   it  purports to be.    My residence address is _________________________  (Signed) _____________________ Circulator Subscribed and sworn to before me this ______ day of ______, 20__. _____________________________ (SEAL) Notary Public (or other official) SEC. 18. Section 8451 of the Elections Code is amended to read: 8451. Circulators shall  be voters in the district or political subdivision in which the candidate is to be voted on and shall serve only in that district or political subdivision   meet the requirements of Section 102  . SEC. 19. Section 9021 of the Elections Code is amended to read: 9021.  (a)    A person who  is a voter or who is qualified to register to vote in this state   meets the requirements of Section 102  may circulate  an   a statewide  initiative or referendum petition anywhere within the state. Each section of the petition 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   (b)     The  circulator may sign the section he or she is circulating as provided in Section 106. SEC. 20. Section 9022 of the Elections Code is amended to read: 9022. (a) Each section shall have attached thereto the declaration of the person soliciting the signatures setting forth the information required by Section 104  and stating that the circulator is a voter or is qualified to register to vote in the state  . (b) 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 the signature of his or her name. The circulator shall state the date and the place of execution on the declaration immediately preceding his or her signature.  Another declaration thereto may   (c)     Another declaration shall  not be required.  Petitions   (d)     Petitions  so verified shall be prima facie evidence that the signatures  thereon  are genuine and that the persons signing are qualified voters. Unless and until otherwise proven upon official investigation, it shall be presumed that the petition presented contains the signatures of the requisite number of qualified voters. SEC. 21. Section 9209 of the Elections Code is amended to read: 9209. Each section shall have attached thereto the declaration of the person soliciting the signatures. This declaration shall be substantially in the same form as set forth in Section 9022  , except that the declaration shall declare that the circulator is a voter or is qualified to register as a voter of the city, and shall state his or her residence address at the time of the execution of the declaration  . SEC. 22. Section 9237 of the Elections Code is amended to read: 9237. If a petition protesting the adoption of an ordinance, and circulated by a person who  is a registered voter or who is qualified to be a registered voter of the city   meets the requirements of Section 102  , is submitted to the elections official of the legislative body of the city in his or her office during normal office hours, as posted, within 30 days of the date the adopted ordinance is attested by the city clerk or secretary to the legislative body, and is signed by not less than 10 percent of the voters of the city according to the county elections official's last official report of registration to the Secretary of State, or, in a city with 1,000 or less registered voters, is signed by not less than 25 percent of the voters or 100 voters of the city, whichever is the lesser, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance. SEC. 23. Section 9238 of the Elections Code is amended to read: 9238. (a) Across the top of each page of the referendum petition there shall be printed the following:"Referendum Against an Ordinance Passed by the City Council" (b) Each section of the referendum petition shall contain (1) the identifying number or title, and (2) the text of the ordinance or the portion of the ordinance that is the subject of the referendum. The petition sections shall be designed in the same form as specified in Section 9020. (c) Each section shall have attached thereto the declaration of the person soliciting the signatures. This declaration shall be substantially in the same form as set forth in Section 9022  , except that the declaration shall declare that the circulator is a voter or is qualified to register as a voter of the city, and shall state his or her residence address at the time of the execution of the declaration  . SEC. 24. Section 9305 of the Elections Code is amended to read: 9305. After filing a copy of the notice of intention, statement of the reasons for the proposed petition, written text of the initiative, and affidavit of publication or posting with the district elections official pursuant to Section 9304, the petition may be circulated among the voters of the district for signatures by any person who  is a voter or who is qualified to register to vote in the district   meets the requirements of Section 102  . Each section of the petition shall bear a copy of the notice of intention and statement. SEC. 25. Section 9307 of the Elections Code is amended to read: 9307. Each section of the petition shall have attached thereto the affidavit of the person soliciting the signatures. This affidavit shall be substantially in the same form as set forth in Section 9022  , except that the affidavit shall declare that the circulator is a voter or is qualified to register to vote in the district  . SEC. 26. Section 10220 of the Elections Code is amended to read: 10220. Candidates may be nominated for any of the elective offices of the city in the following manner: Not earlier than the 113th day nor later than the 88th day before a municipal election during normal office hours, as posted, the voters may nominate candidates for election by signing a nomination paper. Each candidate shall be proposed by not less than 20 nor more than 30 voters in a city of 1,000 registered voters or more, and not less than five nor more than 10 voters in a city of less than 1,000 registered voters, but only one candidate may be named in any one nomination paper. No voter may sign more than one nomination paper for the same office, and in the event the voter does so, that voter's signature shall count only on the first nomination paper filed which contains the voter's signature. Nomination papers subsequently filed and containing that voter's signature shall be considered as though that signature does not appear thereon. Each seat on the governing body is a separate office. Any person  registered to vote at the election, and qualified to vote for the elective office of the city for which the nomination is made,   who meets the requirements of Section 102  may circulate a nomination paper. Only one person may circulate each nomination paper. Where there are full terms and short terms to be filled, the term shall be specified in the nomination paper. SEC. 27. Section 10226 of the Elections Code is amended to read: 10226. The nomination papers and affidavits shall be substantially in the following form: ""NOMINATION PAPER We, the undersigned voters of the ____ of ____ hereby nominate ____ for the office of ____ of the city: Name Residence _____________________ __________________________ _____________________ __________________________ _____________________ __________________________ AFFIDAVIT OF THE CIRCULATOR State of California ) ss. County of ________ )  I, ______, solemnly swear (or affirm) all of the   following:   1. That I am 18 years of age or older.   2. That I am either a resident of California or   I have irrevocably consented to suits, actions,   and service of process in the state pursuant to   Section 102.5 of the Elections Code.   3. That my residence address, including street   and number, is   I,   ______, solemnly swear (or affirm) that   the   _________________________________________________.   signatures on this nomination paper were   (If no street or number exists, a designation of   my residence adequate to readily ascertain its   location   is   ________________________________________________.)   4. That the signatures on this nomination paper   were  obtained between _____, 2__, and _____, 2__;  that   that  I circulated this petition and I saw the   signatures on this section of the nomination papers being written; and that, to the best of my information and belief, each signature is the genuine signature of the person whose name it purports to be.  My residence address is ______________.  __________________________ (Signature) I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at ____, on ____, 2__. AFFIDAVIT OF THE NOMINEE State of California ) ss. County of ________ ) ______ being duly sworn, says that he or she is the above-named nominee for the office of ____, that he or she will accept the office in the event of his or her election, that he or she desires his or her name to appear on the ballot as follows: __________________________ (Print name above), and that he or she desires the following designation to appear on the ballot under his or her name: __________________________ (Print desired designation above), and that his or her residence address is ________. (Print residence address as provided by affiant) I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed by me at ____, on ____, 2___.'' SEC. 28. Section 11045 of the Elections Code is amended to read: 11045. Only registered voters of the electoral jurisdiction of the officer sought to be recalled are qualified to  circulate or  sign a recall petition for that officer.  A person who meets the requirements of Section 102 may circulate the petition.  SEC. 29. Section 11046 of the Elections Code is amended to read: 11046. To each section of a petition shall be attached a declaration, signed by the circulator thereof, that complies with Section 104  . The declaration shall include a statement that the circulator is a registered voter in the jurisdiction of the officer sought to be recalled  . SEC. 30. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.