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AB-1947 Petitions: compensation for signatures.(2017-2018)

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Date Published: 08/25/2018 04:00 AM
AB1947:v97#DOCUMENT

Enrolled  August 24, 2018
Passed  IN  Senate  August 23, 2018
Passed  IN  Assembly  April 30, 2018
Amended  IN  Assembly  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1947


Introduced by Assembly Member Low

January 29, 2018


An act to add Section 102.5 to the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1947, Low. Petitions: compensation for signatures.
Under existing law, a person who is 18 years of age or older may circulate an initiative, referendum, or recall petition.
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.
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 a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 102.5 is added to the Elections Code, to read:

102.5.
 (a) 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 fine not to exceed twenty-five thousand dollars ($25,000), or by imprisonment in a county jail not to exceed one year, or by both that fine and imprisonment.
(b) This section does not prohibit the payment for signature gathering not based, either directly or indirectly, on the number of signatures obtained on a state or local initiative, referendum, or recall petition.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.