Filing Petitions - State Elections - Elections - CA

Section § 9030

This section explains the process for filing and verifying petition signatures for initiatives or referendums in California. When a petition is submitted, all sections must be filed at once with the relevant county elections official. After filing, the number of signatures is tallied within eight days. If the total is below the required amount, the process stops there. If the required number is met, officials verify the signatures within 30 days using a random sampling method if more than 500 signatures are present. Variations in signatures, such as using initials, won't invalidate them. The findings are then certified and sent to the Secretary of State. Depending on total valid signatures verified compared to the requirement, the measure either fails, needs further validation, or qualifies for the ballot.

(a) Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.

(b) Within eight days after the filing of the petition, excluding Saturdays, Sundays, and holidays, the elections official shall determine the total number of signatures affixed to the petition and shall transmit this information to the Secretary of State. If the total number of signatures filed with all elections officials is less than 100 percent of the number of qualified voters required to find the petition sufficient, the Secretary of State shall so notify the proponents and the elections officials, and no further action shall be taken with regard to the petition.

(c) If the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the Secretary of State shall immediately so notify the elections officials.

(d) Within 30 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine the number of qualified voters who have signed the petition. If more than 500 names have been signed on sections of the petition filed with an elections official, the elections official shall use a random sampling technique for verification of signatures, as determined by the Secretary of State. 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. The random sampling shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters’ signatures provided that the method of preparing and displaying the facsimiles complies with law. 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.

(e) The elections official, upon the completion of the examination, shall immediately attach to the petition, except the signatures thereto appended, a properly dated certificate, showing the result of the examination, and shall immediately transmit the petition and the certificate to the Secretary of State. A copy of this certificate shall be filed in the elections official’s office.

(f) If the certificates received from all elections officials by the Secretary of State establish that the number of valid signatures does not equal 95 percent of the number of qualified voters needed to find the petition sufficient, the petition shall be deemed to have failed to qualify, and the Secretary of State shall immediately so notify the proponents and the elections officials.

(g) If the certificates received from all elections officials by the Secretary of State total more than 110 percent of the number of qualified voters needed to find the petition sufficient, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.

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Section § 9031

This law explains what happens when there is a close call on whether a petition has enough valid signatures. If the initial count suggests it's too close to be sure—between 95% to 110% of what's needed—the Secretary of State will order a thorough check of all the signatures.

Election officials have 60 days (not counting weekends and holidays) to verify the signatures against voter registration records, and they can get extra help to speed up the process. During this check, officials regularly update the Secretary of State with the counts of verified signatures.

If enough signatures are validated before every county finishes checking, the Secretary of State can notify officials to stop the verification. When finished, the results of the check are sent to the Secretary of State. If it's determined there are enough valid signatures, the measure will qualify for the ballot. If not, proponents of the petition are notified of the shortfall.

(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 county’s 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 official’s office.

(e)

(1) If the amended certificates establish the petition’s 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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Section § 9032

Only the people who are pushing a petition, or those they've authorized in writing, can officially submit it. If someone else tries to file any part of it, the elections official will ignore that submission.

The right to file the petition shall be reserved to its proponents, and any section thereof presented for filing by any person or persons other than the proponents of a measure or by persons duly authorized in writing by one or more of the proponents shall be disregarded by the elections official.

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Section § 9033

When a petition for an initiative or referendum measure is certified as having enough signatures from qualified voters, the Secretary of State must stop verifying signatures and prepare the measure for the ballot. For initiatives, the Secretary of State identifies the next appropriate election at least 131 days after receiving the certified petition. On the 131st day before that election, the Secretary issues a certificate confirming the initiative is set for the ballot and notifies the relevant parties.

For referendums, the process is similar, but the relevant election can be closer—at least 31 days out. A certificate is issued confirming the referendum's qualification for the ballot, and the public list of qualified measures is updated. If a referendum is already certified but hasn't yet appeared on the ballot, procedures ensure it can be withdrawn or newly certified according to the law. Once a referendum petition is verified with enough signatures, the law it challenges is paused until a decision is reached by the voters or withdrawal.

(a) When the Secretary of State has received from one or more elections officials or registrars a petition, certified to have been signed by the requisite number of qualified voters, the Secretary of State shall forthwith notify the proponents and immediately transmit to the elections official or registrar of voters of every county or city and county in the state a notice directing that signature verification be terminated.

(b)

(1) In the case of an initiative measure, the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 131 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters.

(2) On the 131st day prior to the date of the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following:

(A) Issue a certificate of qualification certifying that the initiative measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).

(B) Notify the proponents of the initiative measure and the elections official of each county that the measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).

(C) Include the initiative measure in a list of all statewide initiative measures that are eligible to be placed on the ballot at the election identified pursuant to paragraph (1) and publish the list on the Secretary of State’s internet website.

(3) Upon the issuance of a certificate of qualification pursuant to paragraph (2), an initiative measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 8 of Article II of the California Constitution.

(c)

(1) In the case of a referendum measure, the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 31 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters.

(2) On the 131st day prior to the date of the election identified pursuant to paragraph (1), or upon receipt of a petition certified to have been signed by the requisite number of qualified voters if fewer than 131 days remain until the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following:

(A) Issue a certificate of qualification certifying that the referendum measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).

(B) Notify the proponents of the referendum measure and the elections official of each county that the measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).

(C) Include the referendum measure in a list of all statewide referendum measures that are eligible to be placed on the ballot at the election identified pursuant to paragraph (1) and publish the list on the Secretary of State’s internet website.

(3) Upon the issuance of a certificate of qualification pursuant to paragraph (1), a referendum measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 9 of Article II of the California Constitution.

(4) If a referendum measure has been issued a certificate of qualification as of the effective date of the act adding this paragraph but has not yet appeared on the ballot, the Secretary of State shall void that certificate of qualification, and shall issue a new certificate of qualification pursuant to the provisions of this subdivision. The proponents of any such referendum measure shall be permitted to withdraw that measure pursuant to subdivision (b) of Section 9604 at any time between the effective date of the act adding this paragraph and the date on which the Secretary of State issues a new certificate of qualification in accordance with subparagraph (A) of paragraph (2) of this subdivision.

(d) In the case of a referendum measure, upon the Secretary of State’s transmission of notification to the proponents and elections officials under subdivision (c) of Section 9030 that the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the statute that is the subject of the referendum measure shall cease to have effect unless and until one of the following occurs:

(1) The Secretary of State or a court of competent jurisdiction concludes that the petition was not signed by the requisite number of qualified voters.

(2) The proponents of the referendum measure withdraw the measure under Section 9604.

(3) The voters vote to keep the statute that is the subject of the referendum at the statewide election in which the referendum measure appears on the ballot.

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Section § 9034

This section outlines the process for initiative measures in California. Once the proponents collect 25% of the required signatures to qualify an initiative for the ballot, they must certify this to the Secretary of State. The Secretary then sends the initiative and related documents to both the Senate and Assembly. Both houses must hold public hearings at least 131 days before the election, ensuring no legislative changes are made to the initiative itself.

Essentially, it ensures transparency while preventing the alteration of the initiative by the Legislature.

(a) The proponents of a proposed initiative measure shall submit a certification, signed under penalty of perjury, to the Secretary of State immediately upon the collection of 25 percent of the number of signatures needed to qualify the initiative measure for the ballot.

(b) Upon the receipt of the certification required by subdivision (a), the Secretary of State shall transmit copies of the initiative measure, together with the circulating title and summary as prepared by the Attorney General pursuant to Section 9004, to the Senate and the Assembly. Each house shall assign the initiative measure to its appropriate committees. The appropriate committees shall hold joint public hearings on the subject of the measure not later than 131 days before the date of the election at which the measure is to be voted upon.

(c) This section shall not be construed as authority for the Legislature to alter the initiative measure or prevent it from appearing on the ballot.

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Section § 9035

This law explains the process for proposing a new law or a constitutional amendment in California through an initiative. To get an initiative on the ballot, a petition must be signed by a certain number of registered voters. For a new statute, signatures must equal 5% of voters from the last governor's race; for a constitutional amendment, it requires 8% of those voters. The petition needs to include the exact text of the proposal and be certified by the Secretary of State.

An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the Constitution and is certified to have been signed by registered voters equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the Constitution, of the voters for all candidates for Governor at the last gubernatorial election preceding the issuance of the circulating title and summary for the initiative measure by the Attorney General.

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