SECTIONS 9030-9035 - California Statutes

ELECTIONS CODE

SECTION 9030-9035

9030. (a) Each section of the petition shall be filed with the
elections official of the county or city and county in 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 the duplicate file of affidavits of registered
voters or the facsimiles of voters' signatures, provided that the
method of preparing and displaying the facsimiles complies with law.
(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 petition
shall be deemed to qualify as of the date of receipt by the
Secretary of State of certificates showing the petition to have
reached the 110 percent, and the Secretary of State shall immediately
so notify the proponents and the elections officials.

9031. (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 each signature filed, and shall so notify the
elections officials.
(b) Within 30 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 his or her office, or
the facsimiles of voters' signatures, provided that the method of
preparing and displaying the facsimiles complies with law.
(c) The elections official or registrar, upon the completion of
the examination, 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.
(d) If the amended certificates establish the petition's
sufficiency, the petition shall be deemed to be filed as of the date
of receipt by the Secretary of State of certificates showing the
petition to be signed by the requisite number of voters of the state.
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.

9032. 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.

9033. When the Secretary of State has received from one or more
elections officials or registrars a petition, certified as herein
provided 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 certificate
showing this fact so that signature verification can be terminated.
A petition shall be deemed to be filed with the Secretary of State
upon the date of the receipt by the Secretary of State of a
certificate or certificates showing the petition to be signed by the
requisite number of voters of the state. Any elections official
shall, upon receipt of the copy, file the notification for record in
that office.

9034. Upon the certification of an initiative measure for the
ballot, 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 such measure prior
to the date of the election at which the measure is to be voted
upon. However, no hearing may be held within 30 days prior to the
date of the election.
Nothing in this section shall be construed as authority for the
Legislature to alter the initiative measure or prevent it from
appearing on the ballot.

9035. 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.