SB 663

Bill Subjects

Abstract

(1) Existing law authorizes a voter who has signed an initiative, referendum, or recall petition to remove their name from the petition by filing a written request to do so with the appropriate elections official prior to the day the petition is filed. This bill would extend that period by authorizing a voter to file the written removal request until the day prior to the 45th day after the petition is filed. (2) The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Under the act, state and local recall petitions and related memoranda prepared by county elections officials are not public records and are not open to inspection, except as provided. This bill would, unless the number of registered voters eligible to vote in the recall election is less than 50,000, authorize the target of a recall petition to inspect the petition and related memoranda for purposes of communicating with registered voters to determine whether they signed the recall petition and whether they understood the recall petition they may have signed, and to assist registered voters to withdraw their signatures on the recall petition, if they so desire. The bill would require the target or the target's designated representatives to complete an application, certified under the penalty of perjury, to obtain a copy of the petition from a city or county elections official. The bill would require the elections official to redact the signatures of the signers of the petition before providing it to an applicant, and to maintain records of the application and associated documents for specified periods of time. The bill would prohibit the target, the target's designated representatives, and entities contracting with them from publicly disclosing the names or addresses of the signers of a recall petition, except as specified, and would specify various requirements relating to ensuring the security of, and safeguarding against unauthorized use of, the information contained in the recall petition. The bill would prohibit a public officer from discriminating against a person based on the fact that the person signed a recall petition. By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program. (3) Existing law makes it a misdemeanor for a person to knowingly or willfully permit the list of signatures on an initiative, referendum, or recall petition to be used for any purpose other than qualification of the measure or recall question for the ballot, except as provided by law. This bill would clarify that this crime also applies to the misuse of personal identifying information on a petition. (4) Existing law specifies the format of a recall petition. This bill would require each page of a recall petition to include, at the top of the page, the words "Petition for an Election to Remove from Office:" followed by the title and first and last name of the target of the recall, as specified. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. This bill would make legislative findings to that effect. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for specified reasons.