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AB-1004 Initiative, referendum, and recall petitions: signatures: voter notification.(2023-2024)

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Date Published: 04/25/2023 09:00 PM
AB1004:v96#DOCUMENT

Amended  IN  Assembly  April 25, 2023
Amended  IN  Assembly  April 10, 2023
Amended  IN  Assembly  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1004

Introduced by Assembly Member Ta

February 15, 2023

An act to amend Sections 9144, 9211, and 9240 of, and to add Sections 9031.5, 9116, 9309.5, 11105, and 11225.5 to, the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1004, as amended, Ta. Initiative, referendum, and recall petitions: signatures: voter notification.
Existing law authorizes voters to propose state and local laws by initiative and to approve or reject state or local laws by referendum. Existing law authorizes the recall of state and local officers in accordance with specified procedures. Under existing law, proponents may qualify an initiative, referendum, or recall for the ballot by filing a petition signed by a specified number of voters registered in the jurisdiction that would be subject to the initiative, referendum, or recall. Existing law requires elections officials to verify the signatures submitted on a petition by comparing them to any file or list of registered voters maintained by their office, or the facsimiles of voters’ signatures, as specified.
This bill would establish a process for a voter whose signature on a state, county, city, or district initiative, referendum, or recall petition is rejected by an elections official to submit a statement to verify the voter’s signature. If the elections official determines that the signature on the petition possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the bill would require the elections official to mail a notice to the voter, on or before the next business day or as soon as practicable, of the opportunity to verify the voter’s signature. The bill would require the notice and signature verification statement to contain specified text, and would require the voter to return the statement by the end of a specified 30-day period. The bill would require the elections official to include the petition signature verification statement, instructions, and additional specified information on the elections official’s internet website. The bill would require elections officials to report to the Secretary of State by a specified date the number of notices mailed to voters, the number of signature verification statements returned by voters, the number of signatures successfully cured, and the number of signatures that were not cured. The bill would require the Secretary of State to compile this data on an annual basis and post a report with the information on its internet website.
By increasing the duties of local elections officials, this 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 9031.5 is added to the Elections Code, to read:

9031.5.
 (a) (1) If upon conducting the verification of signatures described in Sections 9030 and 9031, the elections official determines that a signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the signature is subject to the additional procedures described in paragraph (2).
(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record. If the officials determine that the signatures do not compare, the signature shall not be counted.
(b) (1) (A) Except as provided in subparagraph (D), on or before the next business day after a determination that a voter’s signature does not compare pursuant to subdivision (a), the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature by the end of the 30-day period for the elections official to examine and verify signatures provided by subdivision (d) of Section 9030 and subdivision (b) of Section 9031. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B) The elections official may send additional written notices to a voter identified pursuant to subdivision (a), and may also notify the voter in person, by telephone or email, or by other means of the opportunity to verify the voter’s signature.
(C) The elections official may use any information in a county’s election management system, or otherwise in the election official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature.
(D) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable.
(2) The notice and instructions shall be in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR PETITION SIGNATURE NOT TO COUNT.
 
1. We have determined that the signature you provided on a recent initiative or referendum petition does not compare with the signature(s) on file in your voter record. In order to ensure that signature will be counted, the signature verification statement must be completed and returned as soon as possible.
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than (Deadline).
3. You must sign your name where specified on the signature verification statement (Voter’s Signature).
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official.”
(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) The elections official shall not reject a signature identified pursuant to subdivision (a) if each of the following conditions is satisfied:
(A) The voter delivers, in person, by mail, by fax, or by email, a signature verification statement signed by the voter and the elections official receives the statement no later than the end of the 30-day period for the elections official to examine and verify signatures provided by subdivision (d) of Section 9030 and subdivision (b) of Section 9031.
(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voter’s record.
(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall count the signature.
(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the signature shall not be counted.
(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
“SIGNATURE VERIFICATION STATEMENT
I, ______ , am a registered voter of __________ County, State of California. I declare under penalty of perjury that I signed a petition regarding _____ (enter subject of initiative or referendum measure here). I am a registered voter of the electoral jurisdiction that would be subject to this measure. I understand that if I sign my name to a petition knowing at the time of signing that I am not qualified to sign it, I may be convicted of a misdemeanor, and if I sign a fictitious name or the name of another to a recall petition, that I may be convicted of a felony punishable by imprisonment for two, three, or four years. I understand that my failure to sign this statement means that my signature will not be counted.
  Voter’s Signature        
  Address”                
(6) An elections official shall include the petition signature verification statement and instructions provided in this subdivision on the elections official’s internet website and shall provide the elections official’s mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voter’s signature for future elections.
(c) (1) Upon completion of the 30-day period for the elections official to examine and verify signatures provided by subdivision (d) of Section 9030 and subdivision (b) of Section 9031, the elections official shall report to the Secretary of State the following information:
(A) The number of mismatched signature notices sent by the elections official.
(B) The number of signature verification statements returned by voters.
(C) The number of signatures successfully cured.
(D) The number of signatures that were not cured.
(2) The Secretary of State shall, on an annual basis, compile the data received in accordance with paragraph (1) and post a report with this information on its internet website.

SEC. 2.

 Section 9116 is added to the Elections Code, to read:

9116.
 When examining petitions to determine the validity of signatures in accordance with Sections 9114 and 9115, the elections official shall notify voters of invalid signatures and offer the opportunity to cure in accordance with the procedure described in Section 9031.5.

SEC. 3.

 Section 9144 of the Elections Code is amended to read:

9144.
 If a petition protesting the adoption of an ordinance is submitted to the county elections official before the effective date of the ordinance, the ordinance shall be suspended and the board of supervisors shall reconsider the ordinance. The petition shall be signed by voters of the county equal in number to at least 10 percent of the entire vote cast within the county for all candidates for Governor at the last gubernatorial election. When examining petitions to determine the number and validity of signatures, the elections official shall notify voters of invalid signatures and offer the opportunity to cure in accordance with the procedure described in Section 9031.5.

SEC. 4.

 Section 9211 of the Elections Code is amended to read:

9211.
 After the petition has been filed, as herein provided, the elections official shall examine the petition in the same manner as are county petitions in accordance with Sections 9114 and 9115, except that for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the city. When examining petitions to determine the number and validity of signatures, the elections official shall notify voters of invalid signatures and offer the opportunity to cure in accordance with the procedure described in Section 9031.5.

SEC. 5.

 Section 9240 of the Elections Code is amended to read:

9240.
 After the petition has been filed as herein provided, the elections official shall examine the petition and certify the results in the same manner as are county petitions in Sections 9114 and 9115 except that, for the purposes of this section, references to the board of supervisors shall be treated as references to the legislative body of the city. When examining petitions to determine the number and validity of signatures, the elections official shall notify voters of invalid signatures and offer the opportunity to cure in accordance with the procedure described in Section 9031.5.

SEC. 6.

 Section 9309.5 is added to the Elections Code, to read:

9309.5.
 When examining petitions to determine the validity of signatures in accordance with Sections 9114 and 9115, the district elections official shall notify voters of invalid signatures and offer the opportunity to cure in accordance with the procedure described in Section 9031.5.

SEC. 7.

 Section 11105 is added to the Elections Code, to read:

11105.
 (a) (1) If upon conducting the verification of signatures described in Sections 11104 and 11106, the elections official determines that a signature possesses multiple, significant, and obvious differing characteristics when compared to all signatures in the voter’s registration record, the signature is subject to the additional procedures described in paragraph (2).
(2) If the elections official makes the determination described in paragraph (1), the signature shall be rejected only if two additional elections officials each find beyond a reasonable doubt that the signature differs in multiple, significant, and obvious respects from all signatures in the voter’s registration record. If the officials determine that the signatures do not compare, the signature shall not be counted.
(b) (1) (A) Except as provided in subparagraph (D), on or before the next business day after a determination that a voter’s signature does not compare pursuant to subdivision (a), the elections official shall send by first-class mail notice to the voter of the opportunity to verify the voter’s signature by the end of the 30-day signature withdrawal period provided by subdivision (b) of Section 11108. The notice shall include a return envelope, with postage paid, for the voter to return a signature verification statement.
(B) The elections official may send additional written notices to a voter identified pursuant to subdivision (a), and may also notify the voter in person, by telephone or email, or by other means of the opportunity to verify the voter’s signature.
(C) The elections official may use any information in a county’s election management system, or otherwise in the election official’s possession, for the purpose of notifying the voter of the opportunity to verify the voter’s signature.
(D) If it is impracticable under the circumstances for the elections official to send the notice described in subparagraph (A) on or before the next business day, including in the event of technological failure, the elections official shall send the notice as soon as practicable.
(2) The notice and instructions shall be in substantially the following form:
“READ THESE INSTRUCTIONS CAREFULLY. FAILURE TO FOLLOW THESE INSTRUCTIONS MAY CAUSE YOUR RECALL PETITION SIGNATURE NOT TO COUNT.
 
1. We have determined that the signature you provided on a recent recall petition does not compare with the signature(s) on file in your voter record. In order to ensure that signature will be counted, the signature verification statement must be completed and returned as soon as possible.
2. The signature verification statement must be received by the elections official of the county where you are registered to vote no later than (Deadline).
3. You must sign your name where specified on the signature verification statement (Voter’s Signature).
4. Place the signature verification statement into the postage-paid return envelope if it is included with these instructions. If a return envelope is not included with these instructions, use your own mailing envelope addressed to your local elections official. Mail, deliver, or have the completed statement delivered to the elections official. If you mail your completed statement using your own envelope, be sure there is sufficient postage and that the address of the elections official is correct.
5. If you do not wish to send the signature verification statement by mail or have it delivered, you may submit your completed statement by email or facsimile transmission to your local elections official.”
(3) The notice and instructions shall be translated in all languages required in that county by Section 203 of the federal Voting Rights Act of 1965 (52 U.S.C. Sec. 10503).
(4) The elections official shall not reject a signature identified pursuant to subdivision (a) if each of the following conditions is satisfied:
(A) The voter delivers, in person, by mail, by fax, or by email, a signature verification statement signed by the voter and the elections official receives the statement no later than the end of the 30-day signature withdrawal period provided by subdivision (b) of Section 11108.
(B) Upon receipt of the signature verification statement, the elections official shall compare the signature on the statement with the signature on file in the voter’s record.
(i) If upon conducting the comparison of signatures the elections official determines that the signatures compare, the elections official shall count the signature.
(ii) If, under the standards and procedures of subdivision (c), a determination is made that the signatures do not compare, the signature shall not be counted.
(5) The signature verification statement shall be in substantially the following form and may be included on the same page as the notice and instructions specified in paragraph (2):
“SIGNATURE VERIFICATION STATEMENT
I, ______ , am a registered voter of __________ County, State of California. I declare under penalty of perjury that I signed a petition to recall _____ (enter name of elected official here). I am a registered voter of the electoral jurisdiction of the officer sought to be recalled. I understand that if I sign my name to a petition knowing at the time of signing that I am not qualified to sign it, I may be convicted of a misdemeanor, and if I sign a fictitious name or the name of another to a recall petition, that I may be convicted of a felony punishable by imprisonment for two, three, or four years. I understand that my failure to sign this statement means that my signature will not be counted.
  Voter’s Signature        
  Address”                
(6) An elections official shall include the recall petition signature verification statement and instructions provided in this subdivision on the elections official’s internet website and shall provide the elections official’s mailing address, email address, and facsimile transmission number on the internet web page containing the statement and instructions.
(7) If the elections official determines that the signatures compare, the official shall use the signature in the signature verification statement, even if returned untimely, to update the voter’s signature for future elections.
(c) (1) Upon completion of the 30-day signature withdrawal period provided by subdivision (b) of Section 11108, the elections official shall report to the Secretary of State the following information:
(A) The number of mismatched signature notices sent by the elections official.
(B) The number of signature verification statements returned by voters.
(C) The number of signatures successfully cured.
(D) The number of signatures that were not cured.
(2) The Secretary of State shall, on an annual basis, compile the data received in accordance with paragraph (1) and post a report with this information on its internet website.

SEC. 8.

 Section 11225.5 is added to the Elections Code, to read:

11225.5.
 When examining petitions to determine the validity of signatures in accordance with Section 11224 and 11225, the elections official shall notify voters of invalid signatures and offer the opportunity to cure in accordance with the procedure described in Section 11105. However, a voter shall have until the end of the 30-day period for the elections official to examine and verify signatures provided by subdivision (a) of Section 11224 to return the signature verification statement.

SEC. 9.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.