AB 1451

Bill Subjects

Abstract

(1) Existing law authorizes a person who is 18 years of age or older to circulate an initiative, referendum, or recall petition anywhere within the state. This bill would provide that a person or organization who pays a person money or any other thing of value based on the number of signatures obtained on a state or local initiative, referendum, or recall petition is guilty of a misdemeanor punishable by a specified fine, imprisonment, or both that fine and imprisonment. By creating a new crime, the bill would impose a state-mandated local program. (2) Existing law requires that each section of a petition for a statewide initiative or referendum measure have attached thereto the declaration of the person soliciting the signatures that includes specified information. This bill would require a person who solicits signatures for a proposed initiative measure and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors to make additional declarations, as specified. (3) Existing law requires local elections officials to perform various duties with respect to statewide initiative and referendum petitions including, within 8 days after the filing of a petition, determining the total number of signatures affixed to the petition. Existing law also requires an elections official, within 30 days of notification from the Secretary of State that a petition has received 100% or more of the signatures needed to declare the petition sufficient, to determine the number of qualified voters who signed the petition. This bill would extend the time a local elections official is required to determine the total number of signatures affixed to a petition to 10 days, and would extend the time a local elections official is required to determine the number of qualified voters who signed the petition to 35 days after receiving notice from the Secretary of State that the petition has received the signatures needed to declare the petition sufficient. This bill would require at least 10% of the signatures that are required to qualify an initiative measure to be solicited by a person who does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors. The bill would require an elections official who determines the total number of signatures affixed to a petition and verifies those signatures to also determine the total number of signatures submitted by persons who do not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors and verify those signatures. (4) Existing law requires, if the statistical sampling shows that the number of valid signatures on a petition is within 95 to 110% of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State to order the examination and verification of each signature filed and to notify the elections officials. This bill, with regard to an initiative petition for which the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110% of the number of qualified voters needed to find the petition sufficient, but the number of valid signatures submitted for purposes of the 10% requirement described above is within 95 to 110% of the number of signatures needed to satisfy that requirement, would require the Secretary of State to only order an examination and verification of each signature filed to satisfy the 10% requirement. (5) Existing law requires every proposed initiative measure, prior to circulation, to include on the petition, among other things, the circulating title and summary prepared by the Attorney General and a heading for the initiative measure, as specified. Existing law also permits a petition for a proposed initiative or referendum measure to be presented in sections, as specified. This bill would provide that its provisions do not apply to any initiative petition for which the Attorney General issued a circulating title and summary before July 1, 2020. The bill would additionally require a petition for a proposed initiative measure that is circulated by persons who do not receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on green paper in a contrasting color ink. The bill also would require a petition for a proposed initiative measure that is circulated by persons who do receive money or other valuable consideration for the purpose of obtaining signatures of electors to be printed on white paper in a contrasting color ink. (6) Under existing law, an initiative petition must contain specified language advising the public of its right to ask whether the person circulating the petition is a paid signature gatherer or a volunteer. This bill would, for statewide initiative or referendum measures, instead require an initiative petition to include a disclosure, as specified, notifying the public that the petition circulator is receiving money or other valuable consideration for the specific purpose of soliciting signatures of electors, or is a volunteer or employee of a nonprofit organization. (7) Existing law provides that a person who engages in specified conduct in connection with the collection of signatures on any initiative, referendum, or recall petition is guilty of a misdemeanor. This bill would require that an initiative petition section be deemed invalid, and would prohibit use of the petition section for the purpose of determining whether the initiative measure qualifies for the ballot, if the signatures are solicited and submitted by a person who engages in fraud, misrepresentation, or any of the specified conduct for which the person may be found guilty of a misdemeanor. The bill would authorize specified persons to enforce this provision by a civil action upon a showing of clear and convincing evidence. (8) Because this bill would impose new requirements on local elections officials relative to calculating and verifying signatures on a petition, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (9) This bill would incorporate additional changes to Section 101 of the Elections Code proposed by SB 47 to be operative only if this bill and SB 47 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 9030 of the Elections Code proposed by AB 698 and AB 1829 to be operative only if this bill and those bills are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 9031 of the Elections Code proposed by AB 698 to be operative only if this bill and AB 698 are enacted and this bill is enacted last.