| 1 | | - | Senate Bill No. 386 CHAPTER 870 An act to amend Sections 9031, 9115, 9309, 11106, and 11225 of, to add Section 10224.5 to, and to repeal Section 13205 of, the Elections Code, relating to elections. [ Approved by Governor October 13, 2023. Filed with Secretary of State October 13, 2023. ] LEGISLATIVE COUNSEL'S DIGESTSB 386, Newman. Elections.(1) Existing law establishes procedures for the filing of a state initiative or referendum petition with county elections officials and for county elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. Under existing law, if the number of signatures filed with all county elections officials is 100% or more of the number of signatures required, the Secretary of State is required to immediately notify county elections officials, who must then preliminarily determine the number of qualified voters who signed the petition, including by use of random sampling if the number of signatures exceeds 500. Thereafter, if the random sampling shows that the number of valid signatures is within 95 to 110% of the requisite number of qualified voters, the Secretary of State must order the examination and verification of the signatures filed, and within 30 days of this order, as specified, the elections official must determine the number of qualified voters who signed the petition.Existing law also permits an elections official to use a random sampling method to determine the number of qualified voters who signed a county, city, or special district initiative or referendum petition, or a local recall petition, if the number of signatures on the petition exceeds 500. If an elections official uses this method and if a specified percentage of valid signatures is demonstrated, the elections official must complete the determination of the number of qualified voters, in the case of a county, city, or special district petition, within 60 days of the date the petition was filed, as specified, and in the case of a local recall petition, within 30 days of the date the petition was filed, as specified.This bill would, with respect to an elections official using the random sampling method to verify signatures for any of the above petitions, extend by 30 days the period within which the official must complete their determination of the number of qualified voters, except when this extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, as specified.(2) Existing law requires a person, to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city elections official and submit the nomination papers, with a requisite number of signatures, by no later than the 88th day before the election. This bill would require a city elections official to post or publish specified election information no later than 3 days before the deadline for the submission of nomination papers, as specified. The information required to be posted or published includes the list of open offices; whether the city elections official has provided nomination papers to incumbents to those offices; if, due to redistricting, there is no incumbent for an open office; the location where nomination papers may be obtained; and the location, dates, and hours of operation of the location where the nomination papers may be filed.(3) Existing law prescribes the required content of ballots. Existing law requires ballots to contain specified instructions for voters in presidential elections.This bill would repeal that requirement.(4) By increasing the duties of local elections officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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 9031 of the Elections Code is amended to read:9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.(e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.(2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials.SEC. 2. Section 9115 of the Elections Code is amended to read:9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.SEC. 3. Section 9309 of the Elections Code is amended to read:9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.SEC. 4. Section 10224.5 is added to the Elections Code, to read:10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following:(a) A list of the offices to be filled.(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.(c) Whether, due to redistricting, there is no eligible incumbent for an open office.(d) The location where nomination papers may be obtained.(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed.SEC. 5. Section 11106 of the Elections Code is amended to read:11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution.SEC. 6. Section 11225 of the Elections Code is amended to read:11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.SEC. 7. Section 13205 of the Elections Code is repealed.SEC. 8. If the Commission on State Mandates determines that this act contains 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 September 18, 2023 Passed IN Senate September 14, 2023 Passed IN Assembly September 13, 2023 Amended IN Assembly September 07, 2023 Amended IN Assembly June 05, 2023 Amended IN Assembly May 30, 2023 Amended IN Senate March 13, 2023 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 386Introduced by Senator NewmanFebruary 09, 2023 An act to amend Sections 9031, 9115, 9309, 11106, and 11225 of, to add Section 10224.5 to, and to repeal Section 13205 of, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGESTSB 386, Newman. Elections.(1) Existing law establishes procedures for the filing of a state initiative or referendum petition with county elections officials and for county elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. Under existing law, if the number of signatures filed with all county elections officials is 100% or more of the number of signatures required, the Secretary of State is required to immediately notify county elections officials, who must then preliminarily determine the number of qualified voters who signed the petition, including by use of random sampling if the number of signatures exceeds 500. Thereafter, if the random sampling shows that the number of valid signatures is within 95 to 110% of the requisite number of qualified voters, the Secretary of State must order the examination and verification of the signatures filed, and within 30 days of this order, as specified, the elections official must determine the number of qualified voters who signed the petition.Existing law also permits an elections official to use a random sampling method to determine the number of qualified voters who signed a county, city, or special district initiative or referendum petition, or a local recall petition, if the number of signatures on the petition exceeds 500. If an elections official uses this method and if a specified percentage of valid signatures is demonstrated, the elections official must complete the determination of the number of qualified voters, in the case of a county, city, or special district petition, within 60 days of the date the petition was filed, as specified, and in the case of a local recall petition, within 30 days of the date the petition was filed, as specified.This bill would, with respect to an elections official using the random sampling method to verify signatures for any of the above petitions, extend by 30 days the period within which the official must complete their determination of the number of qualified voters, except when this extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, as specified.(2) Existing law requires a person, to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city elections official and submit the nomination papers, with a requisite number of signatures, by no later than the 88th day before the election. This bill would require a city elections official to post or publish specified election information no later than 3 days before the deadline for the submission of nomination papers, as specified. The information required to be posted or published includes the list of open offices; whether the city elections official has provided nomination papers to incumbents to those offices; if, due to redistricting, there is no incumbent for an open office; the location where nomination papers may be obtained; and the location, dates, and hours of operation of the location where the nomination papers may be filed.(3) Existing law prescribes the required content of ballots. Existing law requires ballots to contain specified instructions for voters in presidential elections.This bill would repeal that requirement.(4) By increasing the duties of local elections officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.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 9031 of the Elections Code is amended to read:9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.(e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.(2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials.SEC. 2. Section 9115 of the Elections Code is amended to read:9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.SEC. 3. Section 9309 of the Elections Code is amended to read:9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.SEC. 4. Section 10224.5 is added to the Elections Code, to read:10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following:(a) A list of the offices to be filled.(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.(c) Whether, due to redistricting, there is no eligible incumbent for an open office.(d) The location where nomination papers may be obtained.(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed.SEC. 5. Section 11106 of the Elections Code is amended to read:11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution.SEC. 6. Section 11225 of the Elections Code is amended to read:11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.SEC. 7. Section 13205 of the Elections Code is repealed.SEC. 8. If the Commission on State Mandates determines that this act contains 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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| 15 | 28 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 17 | 30 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 19 | 32 | | SB 386, Newman. Elections. |
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| 21 | 34 | | (1) Existing law establishes procedures for the filing of a state initiative or referendum petition with county elections officials and for county elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. Under existing law, if the number of signatures filed with all county elections officials is 100% or more of the number of signatures required, the Secretary of State is required to immediately notify county elections officials, who must then preliminarily determine the number of qualified voters who signed the petition, including by use of random sampling if the number of signatures exceeds 500. Thereafter, if the random sampling shows that the number of valid signatures is within 95 to 110% of the requisite number of qualified voters, the Secretary of State must order the examination and verification of the signatures filed, and within 30 days of this order, as specified, the elections official must determine the number of qualified voters who signed the petition.Existing law also permits an elections official to use a random sampling method to determine the number of qualified voters who signed a county, city, or special district initiative or referendum petition, or a local recall petition, if the number of signatures on the petition exceeds 500. If an elections official uses this method and if a specified percentage of valid signatures is demonstrated, the elections official must complete the determination of the number of qualified voters, in the case of a county, city, or special district petition, within 60 days of the date the petition was filed, as specified, and in the case of a local recall petition, within 30 days of the date the petition was filed, as specified.This bill would, with respect to an elections official using the random sampling method to verify signatures for any of the above petitions, extend by 30 days the period within which the official must complete their determination of the number of qualified voters, except when this extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, as specified.(2) Existing law requires a person, to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city elections official and submit the nomination papers, with a requisite number of signatures, by no later than the 88th day before the election. This bill would require a city elections official to post or publish specified election information no later than 3 days before the deadline for the submission of nomination papers, as specified. The information required to be posted or published includes the list of open offices; whether the city elections official has provided nomination papers to incumbents to those offices; if, due to redistricting, there is no incumbent for an open office; the location where nomination papers may be obtained; and the location, dates, and hours of operation of the location where the nomination papers may be filed.(3) Existing law prescribes the required content of ballots. Existing law requires ballots to contain specified instructions for voters in presidential elections.This bill would repeal that requirement.(4) By increasing the duties of local elections officials, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 23 | 36 | | (1) Existing law establishes procedures for the filing of a state initiative or referendum petition with county elections officials and for county elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. Under existing law, if the number of signatures filed with all county elections officials is 100% or more of the number of signatures required, the Secretary of State is required to immediately notify county elections officials, who must then preliminarily determine the number of qualified voters who signed the petition, including by use of random sampling if the number of signatures exceeds 500. Thereafter, if the random sampling shows that the number of valid signatures is within 95 to 110% of the requisite number of qualified voters, the Secretary of State must order the examination and verification of the signatures filed, and within 30 days of this order, as specified, the elections official must determine the number of qualified voters who signed the petition. |
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| 25 | 38 | | Existing law also permits an elections official to use a random sampling method to determine the number of qualified voters who signed a county, city, or special district initiative or referendum petition, or a local recall petition, if the number of signatures on the petition exceeds 500. If an elections official uses this method and if a specified percentage of valid signatures is demonstrated, the elections official must complete the determination of the number of qualified voters, in the case of a county, city, or special district petition, within 60 days of the date the petition was filed, as specified, and in the case of a local recall petition, within 30 days of the date the petition was filed, as specified. |
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| 26 | 39 | | |
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| 27 | 40 | | This bill would, with respect to an elections official using the random sampling method to verify signatures for any of the above petitions, extend by 30 days the period within which the official must complete their determination of the number of qualified voters, except when this extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, as specified. |
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| 28 | 41 | | |
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| 29 | 42 | | (2) Existing law requires a person, to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city elections official and submit the nomination papers, with a requisite number of signatures, by no later than the 88th day before the election. |
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| 30 | 43 | | |
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| 31 | 44 | | This bill would require a city elections official to post or publish specified election information no later than 3 days before the deadline for the submission of nomination papers, as specified. The information required to be posted or published includes the list of open offices; whether the city elections official has provided nomination papers to incumbents to those offices; if, due to redistricting, there is no incumbent for an open office; the location where nomination papers may be obtained; and the location, dates, and hours of operation of the location where the nomination papers may be filed. |
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| 32 | 45 | | |
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| 33 | 46 | | (3) Existing law prescribes the required content of ballots. Existing law requires ballots to contain specified instructions for voters in presidential elections. |
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| 34 | 47 | | |
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| 35 | 48 | | This bill would repeal that requirement. |
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| 36 | 49 | | |
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| 37 | 50 | | (4) By increasing the duties of local elections officials, the bill would impose a state-mandated local program. |
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| 38 | 51 | | |
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| 39 | 52 | | 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 | 53 | | |
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| 41 | 54 | | This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. |
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| 42 | 55 | | |
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| 43 | 56 | | ## Digest Key |
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| 44 | 57 | | |
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| 45 | 58 | | ## Bill Text |
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| 46 | 59 | | |
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| 47 | 60 | | The people of the State of California do enact as follows:SECTION 1. Section 9031 of the Elections Code is amended to read:9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.(e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.(2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials.SEC. 2. Section 9115 of the Elections Code is amended to read:9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board.SEC. 3. Section 9309 of the Elections Code is amended to read:9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board.SEC. 4. Section 10224.5 is added to the Elections Code, to read:10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following:(a) A list of the offices to be filled.(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.(c) Whether, due to redistricting, there is no eligible incumbent for an open office.(d) The location where nomination papers may be obtained.(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed.SEC. 5. Section 11106 of the Elections Code is amended to read:11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution.SEC. 6. Section 11225 of the Elections Code is amended to read:11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.SEC. 7. Section 13205 of the Elections Code is repealed.SEC. 8. If the Commission on State Mandates determines that this act contains 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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| 48 | 61 | | |
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| 49 | 62 | | The people of the State of California do enact as follows: |
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| 50 | 63 | | |
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| 51 | 64 | | ## The people of the State of California do enact as follows: |
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| 52 | 65 | | |
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| 53 | 66 | | SECTION 1. Section 9031 of the Elections Code is amended to read:9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.(e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.(2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials. |
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| 54 | 67 | | |
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| 55 | 68 | | SECTION 1. Section 9031 of the Elections Code is amended to read: |
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| 56 | 69 | | |
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| 57 | 70 | | ### SECTION 1. |
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| 58 | 71 | | |
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| 59 | 72 | | 9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.(e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.(2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials. |
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| 60 | 73 | | |
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| 61 | 74 | | 9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.(e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.(2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials. |
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| 62 | 75 | | |
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| 63 | 76 | | 9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office.(e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.(2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials. |
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| 64 | 77 | | |
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| 65 | 78 | | |
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| 66 | 79 | | |
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| 67 | 80 | | 9031. (a) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of the signatures filed, and shall so notify the elections officials. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition. |
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| 68 | 81 | | |
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| 69 | 82 | | (b) Within 60 days, excluding Saturdays, Sundays, and holidays, after receipt of the order, the elections official or registrar of voters shall determine from the records of registration what number of qualified voters have signed the petition, and if necessary the board of supervisors shall allow the elections official or registrar additional assistance for the purpose of examining the petition and provide for their compensation. In determining from the records of registration what number of qualified voters have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law. |
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| 70 | 83 | | |
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| 71 | 84 | | (c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission. |
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| 72 | 85 | | |
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| 73 | 86 | | (2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each countys completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State. |
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| 74 | 87 | | |
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| 75 | 88 | | (d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), shall immediately attach to the petition, except the signatures thereto appended, an amended certificate properly dated, showing the result of the examination and shall immediately transmit the petition, together with the amended certificate, to the Secretary of State. A copy of the amended certificate shall be filed in the elections officials office. |
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| 76 | 89 | | |
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| 77 | 90 | | (e) (1) If the amended certificates establish the petitions sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033. |
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| 78 | 91 | | |
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| 79 | 92 | | (2) If the amended certificates received from all elections officials by the Secretary of State establish that the petition has still been found insufficient, the Secretary of State shall immediately so notify the proponents and the elections officials. |
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| 80 | 93 | | |
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| 81 | 94 | | SEC. 2. Section 9115 of the Elections Code is amended to read:9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. |
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| 82 | 95 | | |
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| 83 | 96 | | SEC. 2. Section 9115 of the Elections Code is amended to read: |
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| 84 | 97 | | |
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| 85 | 98 | | ### SEC. 2. |
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| 86 | 99 | | |
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| 87 | 100 | | 9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. |
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| 88 | 101 | | |
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| 89 | 102 | | 9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. |
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| 90 | 103 | | |
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| 91 | 104 | | 9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. |
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| 92 | 105 | | |
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| 93 | 106 | | |
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| 94 | 107 | | |
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| 95 | 108 | | 9115. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9114 shows that more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn so that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500, or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition. |
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| 96 | 109 | | |
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| 97 | 110 | | (b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, examine and verify the signatures filed. If the elections official determines, prior to completing the examination of each signature filed, that the petition is signed by the requisite number of qualified voters to declare the petition sufficient, the elections official may terminate the verification of the remaining unverified signatures. |
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| 98 | 111 | | |
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| 99 | 112 | | (c) In determining from the records of registration, what number of valid signatures are signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law. |
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| 100 | 113 | | |
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| 101 | 114 | | (d) The elections official shall attach to the petition a certificate showing the result of this examination and shall notify the proponents of either the sufficiency or insufficiency of the petition. |
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| 102 | 115 | | |
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| 103 | 116 | | (e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect. |
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| 104 | 117 | | |
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| 105 | 118 | | (f) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the board of supervisors at the next regular meeting of the board. |
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| 106 | 119 | | |
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| 107 | 120 | | SEC. 3. Section 9309 of the Elections Code is amended to read:9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board. |
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| 108 | 121 | | |
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| 109 | 122 | | SEC. 3. Section 9309 of the Elections Code is amended to read: |
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| 110 | 123 | | |
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| 111 | 124 | | ### SEC. 3. |
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| 112 | 125 | | |
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| 113 | 126 | | 9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board. |
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| 114 | 127 | | |
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| 115 | 128 | | 9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board. |
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| 116 | 129 | | |
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| 117 | 130 | | 9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.(b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed.(c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board. |
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| 118 | 131 | | |
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| 119 | 132 | | |
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| 120 | 133 | | |
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| 121 | 134 | | 9309. (a) Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 9308, more than 500 signatures have been signed on the petition, the district elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. A random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition. |
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| 122 | 135 | | |
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| 123 | 136 | | (b) If the statistical sampling shows that the number of valid signatures is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the district elections official, within 90 days from the date of the filing of the petition, excluding Saturdays, Sundays, and holidays, shall examine and verify each signature filed. |
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| 124 | 137 | | |
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| 125 | 138 | | (c) In determining from the records of registration, what number of valid signatures are signed on the petition, the district elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law. |
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| 126 | 139 | | |
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| 127 | 140 | | (d) The district elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition. |
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| 128 | 141 | | |
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| 129 | 142 | | (e) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect. |
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| 130 | 143 | | |
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| 131 | 144 | | (f) If the petition is found to be sufficient, the district elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the board. |
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| 132 | 145 | | |
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| 133 | 146 | | SEC. 4. Section 10224.5 is added to the Elections Code, to read:10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following:(a) A list of the offices to be filled.(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.(c) Whether, due to redistricting, there is no eligible incumbent for an open office.(d) The location where nomination papers may be obtained.(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed. |
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| 134 | 147 | | |
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| 135 | 148 | | SEC. 4. Section 10224.5 is added to the Elections Code, to read: |
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| 136 | 149 | | |
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| 137 | 150 | | ### SEC. 4. |
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| 138 | 151 | | |
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| 139 | 152 | | 10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following:(a) A list of the offices to be filled.(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.(c) Whether, due to redistricting, there is no eligible incumbent for an open office.(d) The location where nomination papers may be obtained.(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed. |
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| 140 | 153 | | |
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| 141 | 154 | | 10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following:(a) A list of the offices to be filled.(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.(c) Whether, due to redistricting, there is no eligible incumbent for an open office.(d) The location where nomination papers may be obtained.(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed. |
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| 142 | 155 | | |
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| 143 | 156 | | 10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following:(a) A list of the offices to be filled.(b) Whether the city elections official has furnished nomination papers to the incumbent for each open office.(c) Whether, due to redistricting, there is no eligible incumbent for an open office.(d) The location where nomination papers may be obtained.(e) The location, dates, and hours of operation of the office where completed nomination papers may be filed. |
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| 144 | 157 | | |
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| 145 | 158 | | |
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| 146 | 159 | | |
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| 147 | 160 | | 10224.5. No later than three days before the deadline for submission of nomination papers for a municipal election, the city elections official shall post on the citys internet website, or publish a public notice that includes all of the following: |
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| 148 | 161 | | |
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| 149 | 162 | | (a) A list of the offices to be filled. |
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| 150 | 163 | | |
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| 151 | 164 | | (b) Whether the city elections official has furnished nomination papers to the incumbent for each open office. |
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| 152 | 165 | | |
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| 153 | 166 | | (c) Whether, due to redistricting, there is no eligible incumbent for an open office. |
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| 154 | 167 | | |
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| 155 | 168 | | (d) The location where nomination papers may be obtained. |
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| 156 | 169 | | |
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| 157 | 170 | | (e) The location, dates, and hours of operation of the office where completed nomination papers may be filed. |
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| 158 | 171 | | |
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| 159 | 172 | | SEC. 5. Section 11106 of the Elections Code is amended to read:11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution. |
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| 160 | 173 | | |
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| 161 | 174 | | SEC. 5. Section 11106 of the Elections Code is amended to read: |
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| 162 | 175 | | |
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| 163 | 176 | | ### SEC. 5. |
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| 164 | 177 | | |
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| 165 | 178 | | 11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution. |
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| 166 | 179 | | |
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| 167 | 180 | | 11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution. |
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| 168 | 181 | | |
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| 169 | 182 | | 11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official.(b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution. |
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| 170 | 183 | | |
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| 171 | 184 | | |
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| 172 | 185 | | |
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| 173 | 186 | | 11106. (a) Except as provided in subdivision (b), immediately after the deadline for submission of all signatures, the elections official shall verify any remaining signatures in the same manner set forth in subdivision (b) of Section 9031. This verification shall apply to all signatures submitted to each county elections official. |
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| 174 | 187 | | |
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| 175 | 188 | | (b) Notwithstanding subdivision (a) of this section and subdivision (b) of Section 9031, the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the Secretary of State determines that the time reasonably needed to complete the 60-day verification process described in subdivision (b) of Section 9031 and the procedures described in Sections 11108, 11109, and 11110, could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as permitted by Section 15 of Article II of the California Constitution. |
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| 176 | 189 | | |
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| 177 | 190 | | SEC. 6. Section 11225 of the Elections Code is amended to read:11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting. |
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| 178 | 191 | | |
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| 179 | 192 | | SEC. 6. Section 11225 of the Elections Code is amended to read: |
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| 180 | 193 | | |
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| 181 | 194 | | ### SEC. 6. |
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| 182 | 195 | | |
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| 183 | 196 | | 11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting. |
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| 184 | 197 | | |
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| 185 | 198 | | 11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting. |
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| 186 | 199 | | |
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| 187 | 200 | | 11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.(b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242.(c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.(d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.(e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.(f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law.(g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.(h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.(i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting. |
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| 188 | 201 | | |
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| 189 | 202 | | |
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| 190 | 203 | | |
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| 191 | 204 | | 11225. (a) Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in a manner so that every signature filed with the elections official shall have an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater. |
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| 192 | 205 | | |
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| 193 | 206 | | (b) Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision (a) and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision (b) of Section 11242. |
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| 194 | 207 | | |
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| 195 | 208 | | (c) If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient. |
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| 196 | 209 | | |
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| 197 | 210 | | (d) If the statistical sampling shows that the number of valid signatures is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the elections official shall examine and verify each signature filed. If the elections officials examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient. |
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| 198 | 211 | | |
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| 199 | 212 | | (e) If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient. |
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| 200 | 213 | | |
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| 201 | 214 | | (f) In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters signatures, provided that the method of preparing and displaying the facsimiles complies with law. |
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| 202 | 215 | | |
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| 203 | 216 | | (g) The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition. |
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| 204 | 217 | | |
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| 205 | 218 | | (h) If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect. |
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| 206 | 219 | | |
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| 207 | 220 | | (i) If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting. |
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| 208 | 221 | | |
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| 209 | 222 | | SEC. 7. Section 13205 of the Elections Code is repealed. |
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| 210 | 223 | | |
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| 211 | 224 | | SEC. 7. Section 13205 of the Elections Code is repealed. |
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| 212 | 225 | | |
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| 213 | 226 | | ### SEC. 7. |
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| 214 | 227 | | |
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| 215 | 228 | | |
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| 216 | 229 | | |
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| 217 | 230 | | SEC. 8. If the Commission on State Mandates determines that this act contains 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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| 218 | 231 | | |
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| 219 | 232 | | SEC. 8. If the Commission on State Mandates determines that this act contains 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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| 220 | 233 | | |
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| 221 | 234 | | SEC. 8. If the Commission on State Mandates determines that this act contains 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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| 222 | 235 | | |
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| 223 | 236 | | ### SEC. 8. |
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