9036.
(a) At least 10 percent of the signatures required under Section 9035 shall be presented on a petition or section of a petition that was circulated by a person who does not receive money or other valuable consideration exclusively or primarily for the specific purpose of soliciting signatures of electors on the petition.(b) (1) A person who is an employee or member of a nonprofit organization, other than an organization with the primary purpose of soliciting signatures on initiative petitions, who receives money or other valuable consideration from the organization and as part of that employment or membership solicits signatures for the qualification of an initiative measure shall be deemed to be a person who, for purposes of subdivision (a), does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors, unless the primary purpose of that employment or membership is to solicit signatures on an initiative petition.
(2) For purposes of this subdivision, “member” means any of the following:
(A) A person who, pursuant to a specific provision of an organization’s articles of incorporation or bylaws, has the right to vote directly or indirectly for the election of a director or directors, or an officer or officers, or on a disposition of all or substantially all of the assets of the organization, or on a merger or a dissolution.
(B) A person who is designated in an organization’s articles of incorporation or bylaws as a member and, pursuant to a specific provision of the articles of incorporation or bylaws, has the right to vote on changes to the articles of incorporation or bylaws.
(C) A person who pays or has paid membership dues in an amount predetermined by the organization, provided the organization is tax exempt under Section 501(c) of the Internal Revenue Code.
(D) A director or officer of the organization.
(3) For purposes of this subdivision, a member of a local union is a member of any national or international union of which the local union is a part and of any federation with which the local, national, or international union is affiliated. A member or employee of a national or international union, of which a local union is a part, is a member or employee of all affiliated unions of the local, national, or international union.
(4) For purposes of this subdivision, a person is not a member of a nonprofit organization solely by virtue of being on a mailing or contact list of the organization.
(5) An employee or member of a labor organization who is on a full-time, part-time, permanent, or temporary leave of absence or is otherwise relieved of the responsibilities of their regular employment and who is employed or paid by a labor organization or a committee sponsored by a labor organization for purposes of soliciting signatures of electors shall not be deemed a person who has an exclusive or primary purpose of soliciting signatures on an initiative petition.
(6) For purposes of this subdivision, whether an organization, or a member or employee of an organization, has the primary purpose of soliciting signatures on an initiative petition shall be determined based on the totality of the circumstances.
(c) Signatures that are solicited by a person who is a registered voter of a political party, a member of a political party committee as defined in Section 85205 of the Government Code, or an employee of a political party or a political party committee and who receives money or other valuable consideration for soliciting signatures on an initiative petition from the political party or political party committee do not count towards the number of signatures needed to satisfy the requirement of subdivision (a).
(d) (1) Signatures on an initiative petition that are solicited through direct mail do not count towards the number of signatures needed to satisfy the requirement of subdivision (a) if the person soliciting the signatures through direct mail, or any other person who organizes, pays for, or arranges for the direct mail, receives money or other valuable consideration primarily for the purpose of soliciting signatures of electors, unless the person is an employee or member of a nonprofit organization as described in subdivision (b).
(2) This subdivision shall not be construed to preclude an organization that has a primary purpose other than soliciting signatures on initiative petitions from soliciting signatures from the organization’s members through direct mail and relying on those signatures for purposes of satisfying the requirement set forth in subdivision (a).
(e) This section shall not be construed to preclude a person who receives nominal benefits, such as food, transportation, or lodging, from qualifying under this section as a person who does not receive money or other valuable consideration exclusively or primarily for the specific purpose of soliciting signatures of electors on a petition for a proposed initiative measure.
(f) Verification of a petition that contains a declaration pursuant to Section 9022.5 shall be prima facie evidence that the signatures thereon satisfy the requirement of subdivision (a).
(g) For purposes of verifying signatures under Sections 9030 and 9031 and the procedures set forth by the Secretary of State, if the signature of a qualified voter appears once on a petition or section of a petition submitted to satisfy subdivision (a) of this section, and the same voter’s signature appears on a petition or section of a petition that does not satisfy subdivision (a), the qualified voter’s signature shall only be counted once and shall be counted towards satisfying subdivision (a).