Code Section Group

CHAPTER 7. General Provisions [9600 - 9611]

9600.

All arguments concerning measures filed pursuant to this division shall be accompanied by the following form statement, to be signed by each proponent and by each author, if different, of the argument:

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

9601.

Notwithstanding any other provisions of this code, whenever any ballot arguments for or against any measure submitted to the voters for approval are authorized, these arguments may be withdrawn by their proponents at any time prior to and including the final date fixed for filing arguments.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

9602.

A voter who has signed an initiative or referendum petition, and who subsequently wishes their name withdrawn, may do so by filing a written request for the withdrawal with the appropriate elections official that includes the name or title of the petition and the voter’s name, residence address, and signature. This request shall be filed in the elections official’s office prior to the date the petition is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104.

(Amended by Stats. 2022, Ch. 166, Sec. 3. (AB 2967) Effective January 1, 2023.)

9603.

(a) Each city, county, school district, community college district, county board of education, and special district may hold, at its discretion, an advisory election on any date on which that jurisdiction is currently permitted to hold a regular or special election for the purpose of allowing voters within the jurisdiction, or a portion thereof, to voice their opinions on substantive issues, or to indicate to the local legislative body approval or disapproval of the ballot proposal.

(b) An advisory vote will be indicated as a ballot heading, above the ballot proposal, and by only the following description: “Advisory Vote Only.”

(c) As used in this section, “advisory vote” means an indication of general voter opinion regarding the ballot proposal. The results of the advisory vote will in no manner be controlling on the sponsoring legislative body.

(d) An advisory election may be held in territory outside of the jurisdiction of the local entity calling the advisory election if the ballot proposal affects the residents of the territory. The sponsoring legislative body shall determine the territory in which the advisory election shall be held. However, the conduct of an advisory election in territory outside of the jurisdiction of the local entity shall only be held if all of the following conditions are met:

(1) A regular election or special election is to be held in that territory.

(2) The advisory election can be consolidated with it.

(3) The board of supervisors of the county in which the outside territory is located approves the consolidation.

(e) An advisory election shall not be consolidated with an election if the ballot’s capacity will be exceeded because of the addition of the advisory election.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

9604.

(a) (1) Notwithstanding any other law, any person may engage in good faith bargaining between competing interests to secure legislative approval of matters embraced in a statewide or local initiative or referendum measure, and the proponents may, as a result of these negotiations, withdraw the measure at any time before filing the petition with the appropriate elections official.

(2) Withdrawal of a statewide initiative or referendum measure pursuant to paragraph (1) shall be effective upon receipt by the Secretary of State of a written notice of withdrawal, signed by all proponents of the measure.

(3) Withdrawal of a local initiative or referendum measure pursuant to paragraph (1) shall be effective upon receipt by the appropriate local elections official of a written notice of withdrawal, signed by all proponents of the measure.

(b) (1) In addition to the procedure under subdivision (a), the proponents of a statewide initiative or referendum measure may withdraw the measure after filing the petition with the appropriate elections official at any time before the Secretary of State certifies that the measure has qualified for the ballot pursuant to Section 9033.

(2) Except as provided in subdivision (c), withdrawal of a statewide initiative or referendum measure after filing the petition with the appropriate elections official shall be effective upon receipt by the Secretary of State of a written notice of withdrawal, signed by a majority of the proponents of the measure.

(c) (1) After filing the petition with the appropriate elections official at any time before the Secretary of State certifies that a statewide initiative or referendum measure has qualified for the ballot pursuant to Section 9033, the proponents may file with the Secretary of State a written notice of withdrawal that is contingent on the enactment of a particular legislative measure. In the written notice, the proponents shall identify the publication date of the most recent version of the legislative measure. The Secretary of State shall reject any notice of contingent withdrawal that is contingent on any action other than the enactment of a particular legislative measure.

(2) The Secretary of State shall deem a written notice of contingent withdrawal of a statewide initiative or referendum measure to be effective if the legislative measure identified in the notice is enacted and given a chapter number by the Secretary of State before the Secretary of State certifies that the statewide initiative or referendum measure has qualified for the ballot pursuant to Section 9033.

(3) (A) If the legislative measure is not given a chapter number by the Secretary of State before the Secretary of State certifies that the statewide initiative or referendum measure has qualified for the ballot pursuant to Section 9033, or if it is amended after the notice is filed with the Secretary of State, the notice of contingent withdrawal shall not be effective.

(B) If the contingent withdrawal fails pursuant to subparagraph (A), the proponents may file a new notice of contingent withdrawal at any time before the Secretary of State certifies that the initiative or referendum measure has qualified for the ballot.

(4) The proponents may file a written notice with the Secretary of State to cancel the contingent withdrawal at any time before the legislative measure is enacted and given a chapter number by the Secretary of State.

(5) A contingent withdrawal, or a cancellation of a contingent withdrawal, filed with the Secretary of State pursuant to this subdivision shall be signed by at least a majority of the proponents of the initiative or referendum measure.

(6) Notwithstanding any provision of this subdivision, the proponents of a statewide initiative or referendum measure may file a written notice pursuant to subdivision (b) to withdraw the measure at any time before the Secretary of State certifies that the measure has qualified for the ballot. A notice of withdrawal filed pursuant to subdivision (b) shall take precedence over any notice of contingent withdrawal on file with the Secretary of State pursuant to this subdivision.

(d) The proponents of a statewide initiative or referendum measure may file a written notice of withdrawal pursuant to subdivisions (b) or (c) with the Secretary of State no later than 5 p.m. on the day the Secretary of State certifies that the statewide initiative or referendum measure has qualified for the ballot pursuant to Section 9033.

(Amended by Stats. 2023, Ch. 483, Sec. 1. (SB 297) Effective January 1, 2024.)

9605.

Notwithstanding any other provision of law, whenever a legislative body has ordered that a measure or proposal be submitted to the voters of any jurisdiction at a special election, the order of election shall not be amended or withdrawn after the 83rd day prior to the election.

The order of election shall be amended or withdrawn upon the filing of a resolution by the legislative body stating the specifics concerning the amendment or withdrawal. The resolution shall be filed with the election official not later than the 83rd day prior to the election.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

9606.

A county elections official who is required, pursuant to this division, to examine signatures on an initiative, referendum, recall, nomination, or other election petition, may employ temporary assistants, as required, to complete the necessary procedure. The costs for the temporary assistants shall be paid by the jurisdiction in which the election on the proposition is intended to be held.

(Enacted by Stats. 1994, Ch. 920, Sec. 2.)

9607.

The proponents of an initiative measure shall ensure that any person, company, or other organization that is paid, or who volunteers, to solicit signatures to qualify the proposed measure for the ballot shall receive instruction on the requirements and prohibitions imposed by state law with respect to circulation of the petition and signature gathering thereon, with an emphasis on the prohibition on the use of signatures on an initiative petition for a purpose other than qualification of the proposed measure for the ballot.

(Added by Stats. 2005, Ch. 726, Sec. 9. Effective January 1, 2006.)

9608.

(a) A proponent of an initiative measure shall execute and submit, along with the request for a title and summary for the proposed measure, a signed statement that reads as follows:

(b) The certification required by subdivision (a) shall be kept on file by the agency authorized to prepare the title and summary for the proposed initiative measure for not less than eight months after the certification of the results of the election for which the measure qualified, or if the measure, for any reason, is not submitted to the voters, eight months after the deadline for submission of the petition to the elections official.

(c) Failure to comply with this section shall not invalidate any signatures on a state or local initiative petition.

(Added by Stats. 2005, Ch. 726, Sec. 10. Effective January 1, 2006.)

9609.

(a) Prior to allowing a person to circulate an initiative petition for signatures, the person, company official, or other organizational officer who is in charge of signature gathering shall execute and submit to the proponents a signed statement that reads as follows:

(b) The certification required by subdivision (a) shall be kept on file by the proponents of the proposed initiative measure for not less than eight months after the certification of the results of the election for which the measure qualified, or if the measure, for any reason, is not submitted to the voters, eight months after the deadline for submission of the petition to the elections official.

(c) Failure to comply with this section shall not invalidate any signatures on a state or local initiative petition.

(Added by Stats. 2005, Ch. 726, Sec. 11. Effective January 1, 2006.)

9610.

(a) Prior to soliciting signatures on an initiative petition, a circulator shall execute and submit to the person, company official, or other organizational officer who is in charge of signature gathering a signed statement that reads as follows:

(b) The certification required by subdivision (a) shall be kept on file by the person, company official, or other organizational officer who is in charge of signature gathering for the proposed initiative measure for not less than eight months after the certification of the results of the election for which the measure qualified, or if the measure, for any reason, is not submitted to the voters, eight months after the deadline for submission of the petition to the elections official.

(c) This section shall not apply to unpaid circulators of state or local initiative petitions.

(d) Failure to comply with this section shall not invalidate any signatures on a state or local initiative petition.

(Added by Stats. 2005, Ch. 726, Sec. 12. Effective January 1, 2006.)

9611.

(a) This section applies to district elections conducted in accordance with Chapter 4 (commencing with Section 9300) or school district elections conducted in accordance with Chapter 6 (commencing with Section 9500), if the boundaries of the district or school district contain more than one county. The provisions of this section prevail over any provision in those chapters to the extent they conflict.

(b) For the purposes of this section, “lead county” has the following meanings:

(1) For district elections, “lead county” means the county with the most voters within the district bounds.

(2) For school district elections, “lead county” means the county whose superintendent of schools covers the district.

(c) The elections official for the lead county shall work with the other counties within the district bounds to establish the deadlines for the submittal of arguments for and against a district or school district measure and rebuttal arguments.

(d) Authors shall submit arguments only to the lead county, who shall select which arguments will be printed in the voter information guide in accordance with Chapter 4 (commencing with Section 9300) or Chapter 6 (commencing with Section 9500), as applicable. The elections official for the lead county shall electronically transmit a scanned copy of the selected arguments, along with any accompanying forms, to the elections official of each other county in the district or school district. An elections official who receives arguments selected by the lead county shall include the arguments in the printed and electronic versions of their county voter information guide.

(Added by Stats. 2023, Ch. 664, Sec. 1. (AB 773) Effective October 10, 2023.)