| 1 | | - | Senate Bill No. 1441 CHAPTER 479An act to amend Section 7924.110 of the Government Code, relating to petitions. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ] LEGISLATIVE COUNSEL'S DIGESTSB 1441, 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 publics 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. If the examination does not conclude within 5 business days, the bill would require that the proponents of the examination reimburse the county for any costs incurred to continue the examination, as provided. When an examination continues beyond 5 business days, the bill would require the elections official to estimate at the beginning of each day and the proponent to deposit with the elections official a sum required by the elections official to support 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 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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:(1) 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.(2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.(3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.(4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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.(5) 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.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 peoples business.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 publics 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 publics 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.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 1 | + | Enrolled August 30, 2024 Passed IN Senate August 28, 2024 Passed IN Assembly August 26, 2024 Amended IN Assembly August 22, 2024 Amended IN Senate April 04, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 1441Introduced by Senator AllenFebruary 16, 2024An act to amend Section 7924.110 of the Government Code, relating to petitions. LEGISLATIVE COUNSEL'S DIGESTSB 1441, 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 publics 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. If the examination does not conclude within 5 business days, the bill would require that the proponents of the examination reimburse the county for any costs incurred to continue the examination, as provided. When an examination continues beyond 5 business days, the bill would require the elections official to estimate at the beginning of each day and the proponent to deposit with the elections official a sum required by the elections official to support 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 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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe 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) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:(1) 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.(2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.(3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.(4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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.(5) 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.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 peoples business.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 publics 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 publics 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.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 14 | 25 | | |
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| 15 | 26 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 27 | | |
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| 17 | 28 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 29 | | |
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| 19 | 30 | | SB 1441, Allen. Examination of petitions: time limitations and reimbursement of costs. |
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| 20 | 31 | | |
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| 21 | 32 | | 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 publics 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. If the examination does not conclude within 5 business days, the bill would require that the proponents of the examination reimburse the county for any costs incurred to continue the examination, as provided. When an examination continues beyond 5 business days, the bill would require the elections official to estimate at the beginning of each day and the proponent to deposit with the elections official a sum required by the elections official to support 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 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, with regard to certain mandates, no reimbursement is required by this act for a specified reason.With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 22 | 33 | | |
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| 23 | 34 | | 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 publics business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. |
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| 24 | 35 | | |
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| 25 | 36 | | 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. |
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| 26 | 37 | | |
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| 27 | 38 | | This bill would require the examination to conclude no later than 60 days after it commenced. If the examination does not conclude within 5 business days, the bill would require that the proponents of the examination reimburse the county for any costs incurred to continue the examination, as provided. When an examination continues beyond 5 business days, the bill would require the elections official to estimate at the beginning of each day and the proponent to deposit with the elections official a sum required by the elections official to support 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. |
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| 28 | 39 | | |
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| 29 | 40 | | By imposing new duties on county elections officials related to examination of petitions, this bill would impose a state-mandated local program. |
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| 30 | 41 | | |
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| 31 | 42 | | 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. |
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| 32 | 43 | | |
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| 33 | 44 | | This bill would make legislative findings to that effect. |
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| 34 | 45 | | |
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| 35 | 46 | | 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. |
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| 36 | 47 | | |
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| 37 | 48 | | This bill would make legislative findings to that effect. |
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| 38 | 49 | | |
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| 39 | 50 | | 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. |
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| 40 | 51 | | |
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| 41 | 52 | | This bill would provide that, with regard to certain mandates, no reimbursement is required by this act for a specified reason. |
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| 42 | 53 | | |
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| 43 | 54 | | With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 44 | 55 | | |
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| 45 | 56 | | ## Digest Key |
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| 46 | 57 | | |
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| 47 | 58 | | ## Bill Text |
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| 48 | 59 | | |
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| 49 | 60 | | 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) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:(1) 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.(2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.(3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.(4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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.(5) 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.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 peoples business.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 publics 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 publics 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.SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 50 | 61 | | |
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| 51 | 62 | | The people of the State of California do enact as follows: |
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| 52 | 63 | | |
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| 53 | 64 | | ## The people of the State of California do enact as follows: |
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| 54 | 65 | | |
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| 55 | 66 | | 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) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:(1) 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.(2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.(3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.(4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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.(5) 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. |
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| 56 | 67 | | |
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| 57 | 68 | | SECTION 1. Section 7924.110 of the Government Code is amended to read: |
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| 58 | 69 | | |
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| 59 | 70 | | ### SECTION 1. |
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| 60 | 71 | | |
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| 61 | 72 | | 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) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:(1) 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.(2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.(3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.(4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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.(5) 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. |
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| 62 | 73 | | |
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| 63 | 74 | | 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) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:(1) 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.(2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.(3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.(4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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.(5) 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. |
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| 64 | 75 | | |
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| 65 | 76 | | 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) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:(1) 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.(2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.(3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.(4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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.(5) 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. |
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| 66 | 77 | | |
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| 67 | 78 | | |
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| 68 | 79 | | |
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| 69 | 80 | | 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: |
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| 70 | 81 | | |
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| 71 | 82 | | (1) A statewide, county, city, or district initiative, referendum, or recall petition. |
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| 72 | 83 | | |
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| 73 | 84 | | (2) A petition circulated pursuant to Section 5091 of the Education Code. |
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| 74 | 85 | | |
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| 75 | 86 | | (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. |
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| 76 | 87 | | |
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| 77 | 88 | | (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. |
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| 78 | 89 | | |
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| 79 | 90 | | (5) A memorandum prepared by a county elections official in the examination of a petition, indicating which registered voters signed that particular petition. |
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| 80 | 91 | | |
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| 81 | 92 | | (b) The materials described in subdivision (a) shall not be open to inspection except by the following persons: |
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| 82 | 93 | | |
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| 83 | 94 | | (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. |
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| 84 | 95 | | |
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| 85 | 96 | | (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. |
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| 86 | 97 | | |
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| 87 | 98 | | (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. |
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| 88 | 99 | | |
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| 89 | 100 | | (d) If the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply: |
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| 90 | 101 | | |
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| 91 | 102 | | (1) 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. |
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| 92 | 103 | | |
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| 93 | 104 | | (2) The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner. |
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| 94 | 105 | | |
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| 95 | 106 | | (3) If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination. |
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| 96 | 107 | | |
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| 97 | 108 | | (4) Before the examination may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. 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 necessary to support 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. |
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| 98 | 109 | | |
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| 99 | 110 | | (5) 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. |
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| 100 | 111 | | |
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| 101 | 112 | | 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 peoples business. |
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| 102 | 113 | | |
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| 103 | 114 | | 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 peoples business. |
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| 104 | 115 | | |
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| 105 | 116 | | 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: |
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| 106 | 117 | | |
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| 107 | 118 | | ### SEC. 2. |
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| 108 | 119 | | |
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| 109 | 120 | | It is a fundamental and necessary right of every person in this state to have access to information concerning the conduct of the peoples business. |
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| 110 | 121 | | |
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| 111 | 122 | | 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 publics 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 publics 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. |
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| 112 | 123 | | |
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| 113 | 124 | | 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 publics 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 publics 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. |
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| 114 | 125 | | |
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| 115 | 126 | | 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 publics 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: |
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| 116 | 127 | | |
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| 117 | 128 | | ### SEC. 3. |
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| 118 | 129 | | |
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| 119 | 130 | | It is the intent of this act to continue the existing balance between the publics 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. |
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| 120 | 131 | | |
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| 121 | 132 | | 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. |
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| 122 | 133 | | |
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| 123 | 134 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 124 | 135 | | |
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| 125 | 136 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.However, if the Commission on State Mandates determines that this act contains other 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. |
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| 126 | 137 | | |
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| 127 | 138 | | SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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. |
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| 128 | 139 | | |
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| 129 | 140 | | ### SEC. 4. |
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| 130 | 141 | | |
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| 131 | 142 | | However, if the Commission on State Mandates determines that this act contains other 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. |
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