Bill Text: CA AB421 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Elections: referendum measures.

Spectrum: Partisan Bill (Democrat 33-0)

Status: (Passed) 2023-09-08 - Chaptered by Secretary of State - Chapter 162, Statutes of 2023. [AB421 Detail]

Download: California-2023-AB421-Amended.html

---

Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 421

---

Introduced by Assembly Member Bryan

February 02, 2023

---

An act to amend Section 9001 of Sections 101, 104, 107, 9004, 9007, 9010, 9012, 9014, 9020, 9030, 9031, and 9034 of, and to add Sections 9009.5, 9023, and 9036 to, and to add Article 2.5 (commencing with Section 9025) to Chapter 1 of Division 9 of, the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 421, as amended, Bryan. Initiatives: circulating title and summary. Elections: initiatives.

(1) Existing law requires a state or local initiative, referendum, or recall petition to contain specified language advising the public of its right to ask whether the person circulating the petition is a paid signature gatherer or a volunteer. Existing law requires specified language to be printed across the top of each page of a referendum. Existing law also requires each section of a petition or paper submitted to an elections official to have an attached declaration that includes information about its circulator.

This bill, the Referendum Accountability Act of 2023, would, for a proposed statewide referendum measure or statewide initiative measure, instead require a specified disclosure notifying the public that the petition circulator is receiving money or other valuable consideration for the purpose of soliciting signatures, or that the person is a volunteer or employee of a nonprofit organization. The bill would, for specified statewide initiative measures and for statewide referendum measures, require additional information be printed on the first page of the petition.

This bill would also require the Secretary of State to design and administer a training program for petition circulators, as specified. The bill would require paid petition circulators, and those paying them, to register with the Secretary of State, and it would also require a circulator’s unique registration number to be included in each section of the petition or paper submitted to an elections official. The bill would require that a circulator lose registration status and be ineligible for registration for five years if the circulator is convicted of certain offenses or if a determination is made that the circulator violated any law relating to the circulation of a ballot measure petition, as specified. The bill would specify that petition signatures gathered by a petition circulator who is required to be registered, but who is not, are prohibited from being counted.

(2) Existing law requires the Attorney General to prepare a circulating title and summary of the chief purposes and points of the proposed measure, as specified. Existing law regulates when a petition for a proposed initiative measure may be circulated. Under existing law, a petition with signatures for a proposed initiative measure must be filed with the county elections official not later than 180 days from the official summary date, as specified.

This bill would require initiative measures that propose to repeal or amend, either directly or indirectly, a statute or portion of a statute enacted by the Legislature that are submitted to the Attorney General within two years of the statute’s enactment be filed with the county elections official not later than 90 days from the official summary date, as specified. The bill would require the Attorney General to make a determination of whether the proposed initiative measure is required to be filed within this timeframe.

(3) Existing law requires each section of the petition to be filed with the elections official of the county or city and county for which it was circulated, as specified. Under existing law, the elections official is required to determine the total number of signatures affixed to the petition within 8 days after the filing, as specified. Existing law requires the Secretary of State to notify an elections official if the number of signatures filed with all elections officials is 100% or more of the number of qualified voters needed to declare the petition sufficient. Existing law requires an elections official to determine the number of qualified voters who have signed the petition within 30 days after the notification, as specified. Existing law requires an elections official to use a random sampling technique for verification of signatures if more than 500 names appear on sections of the filed petition.

This bill would require an elections official to determine the total number of signatures affixed to the petition within 10 days after the filing of the petition, as specified. The bill would require an elections official to determine the number of qualified voters who have signed the petition within 35 days after notification, as specified. The bill would also require a second random sample of signatures be drawn from all petition sections submitted in the case of a specified proposed statewide referendum measure or statewide initiative measure.

(4) Existing law requires the Secretary of State to order the examination and verification of the signatures filed if statistical sampling shows that the number of valid signatures is within 95 to 110% of the number of signatures of qualified voters needed to declare the petition sufficient. Existing law requires an elections official or registrar of voters to determine, within 30 days after receipt of the order, from records of registration the number of qualified voters who have signed the petition, as specified.

This bill would, for a petition for a specified statewide referendum measure or a statewide initiative measure, require that at least 10% of the required signatures on a petition or section thereof be circulated by a person who does not receive money or other valuable consideration exclusively or primarily for the specific purpose of soliciting signatures, as specified. The bill would, for a specified statewide referendum measure or a statewide initiative measure, require the Secretary of State to order an examination and verification of each signature filed to satisfy this requirement if the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110% of the number of qualified voters needed to find the petition sufficient but the number of signatures needed to satisfy the above requirement is within 95 to 110%. The bill would extend to 35 days after receipt of the order the deadline to determine the number of qualified voters who have signed a section of the petition that is subject to examination, as specified.

(5) Because this bill would impose new requirements on local elections officials it 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.

The California Constitution authorizes an initiative measure to be proposed by presenting to the Secretary of State a petition of the proposed statute or constitutional amendment that is certified to have been signed by a certain percentage of electors. Before the circulation of an initiative or referendum petition for signature, existing law requires, among other things, the text of the proposed measure to be submitted to the Attorney General with a written request that a circulating title and summary of the chief purpose and points of the proposed measure be prepared.

This bill would make a technical, nonsubstantive change to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

---

Bill Text

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

SECTION 1.

 This act shall be known, and may be cited as, the Referendum Accountability Act of 2023.

SEC. 2.

 Section 101 of the Elections Code is amended to read:

101.

 (a) Notwithstanding any other law, except as provided in subdivision (b), a state or local initiative, referendum, or recall petition required to be signed by voters shall contain in 11-point type, before that portion of the petition for voters’ signatures, printed names, and residence addresses, the following language, in order:

(1) “NOTICE TO THE PUBLIC:”. This text shall be in a boldface type.

(2) If the petition includes the disclosure statement described by subdivision (b) of Section 107, the text “SIGN ONLY IF IT IS THE SAME MONTH SHOWN IN THE OFFICIAL TOP FUNDERS OR YOU SAW AN “OFFICIAL TOP FUNDERS” SHEET FOR THIS MONTH.” This text shall be in a boldface type.

(3) “THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.” This text shall be in a non-boldface type.

(b) Notwithstanding any other law, a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 required to be signed by voters shall include the disclosure statement described by subdivision (b) of Section 107 and contain in 11-point type, before that portion of the petition for voters’ signatures, printed names, and residence addresses, the following language, in order:

(1) “NOTICE TO THE PUBLIC:”. This text shall be in a boldface type.

(2) Next shall appear, on a separate horizontal line, the text “SIGN ONLY IF YOU REVIEWED THE OFFICIAL TOP FUNDERS BOX ON THIS PAGE.” This text shall be in a boldface type.

(3) Next, on a separate horizontal line, either of the following, as applicable:

(A) If the petition is circulated by a person who receives money or other valuable consideration for the specific purpose of soliciting signatures of electors on the petition, except as provided by subdivision (b) of Section 9036, the text “THIS PETITION IS BEING CIRCULATED BY A PERSON PAID TO OBTAIN YOUR SIGNATURE. YOU ARE ENCOURAGED TO READ THE CONTENTS OF THIS PETITION BEFORE SIGNING.”

(B) If the petition is circulated by a person who does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors on the petition or by a person described in subdivision (b) of Section 9036, the text “THIS PETITION IS BEING CIRCULATED BY A VOLUNTEER OR AN EMPLOYEE OF A NONPROFIT ORGANIZATION. YOU ARE ENCOURAGED TO READ THE CONTENTS OF THIS PETITION BEFORE SIGNING.”

(b)

(c) A state initiative petition shall contain, in the same location and type size described in subdivision (a), (b), the following language in a non-boldface type: “THE PROPONENTS OF THIS PROPOSED INITIATIVE MEASURE HAVE THE RIGHT TO WITHDRAW THIS PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE BALLOT.”

SEC. 3.

 Section 104 of the Elections Code is amended to read:

104.

 (a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth, in the circulator’s own hand, the following:

(1) The printed name of the circulator.

(2) The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.

(3) The dates between which all the signatures to the petition or paper were obtained.

(4) The unique registration number assigned to the circulator by the Secretary of State pursuant to subdivision (c) of Section 9027.

(b) Each declaration submitted pursuant to this section shall also set forth the following:

(1) That the circulator circulated that section and witnessed the appended signatures being written.

(2) That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.

(3) That the circulator is 18 years of age or older.

(4) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, that the circulator showed each signer a valid and unfalsified “Official Top Funders” sheet, as required by Section 107.

(c) The circulator shall certify the content of the declaration as to its truth and correctness, under penalty of perjury under the laws of the State of California, with the signature of the circulator’s name. The circulator shall state the date and the place of execution on the declaration immediately preceding the circulator’s signature.

SEC. 4.

 Section 107 of the Elections Code is amended to read:

107.

 (a) (1)  A committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition shall create an Official Top Funders sheet as follows, with all text in a black roman type with a type size of 14 point on a plain, contrasting background, and centered horizontally, except as described below. None of the text shall have its type condensed or have the spacing between characters reduced to be narrower than a normal roman type. Unless otherwise specified, the text shall not be boldface type.

(2) At the top of the sheet shall appear the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. This text shall be boldface type and with a type size of at least 16 point.

(3) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear the title of the initiative, referendum, or recall as it appears on the petition, in all capital letters.

(4) (A) Next, separated by a blank horizontal line from the text in paragraph (3), shall appear a disclosure statement in a printed or drawn box with a black border.

(B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” in boldface text. type.

(C) Next, on a separate horizontal line, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code. If the committee has any top contributors as defined in subdivision (c) of Section 84501 of the Government Code, it shall be followed by a blank horizontal line and then the underlined text “Committee major funding from:”.

(D) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface text type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.

(E) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text pursuant to this subparagraph shall be separated from the text above and below it by a blank horizontal line.

(F) The following line shall include the text “Latest Official Top Funders:” followed by either (i) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to subdivision (f), or (ii) the internet website described in subdivision (c).

(5) If the petition is a state initiative petition, next, separated by at least two blank horizontal lines from the disclosures of paragraphs (4) and (5), shall appear the text “OFFICIAL TITLE AND SUMMARY (SAME AS ON PETITION)”, in boldface text type in all capital letters.

(6) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the text “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”, in boldface text type with a type size of 11 point.

(7) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the Attorney General summary of the initiative as it appears on the initiative petition, in plain text with a type size of 11 point.

(b) Notwithstanding any other law, except as provided in subdivision (b) of Section 101, a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee formed pursuant to Section 82013 of the Government Code shall either include a disclosure statement on the petition that is displayed as follows or the circulator for the petition shall present as a separate document the Official Top Funders sheet described in subdivision (a) to a prospective signer of the petition.

(1) The disclosure statement shall have a solid white background and shall be in a printed or drawn box with a black border and shall appear before that portion of the petition for voters’ signatures, printed names, and residence addresses. The text in the disclosure area shall be in a black Arial equivalent type with a type size of at least 10 point, with all lines centered horizontally in the disclosure area.

(2) The top of the disclosure shall include the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. The text of this paragraph shall be boldface.

(3) Next shall appear, on a separate horizontal line, the text “Petition circulation paid for by”, followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code. If the committee has any top contributors as defined in subdivision (c) of Section 84501 of the Government Code, it shall be followed by, on a separate horizontal line, the underlined text “Committee major funding from:”.

(4) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface text type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.

(5) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text in this paragraph shall be separated from the text above and below it by a blank horizontal line.

(6) The following line shall include the text “Latest info:” followed by the URL for either (A) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to subdivision (f), or (B) the internet website described in subdivision (c). The text specified in this paragraph shall be underlined.

(c) Any committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition may create a page on an internet website that includes both of the following:

(1) A prominent link to the most recent Official Top Funders sheet as described in subdivision (a). The Official Top Funders sheet that the page links to shall be in a format that allows it to be viewed on an internet website and printed out on a single page of paper.

(2) A prominent link to the full text of the initiative or referendum.

(d) The disclosure of a top contributor or endorser pursuant to this section need not include terms such as “incorporated,” “committee,” “political action committee,” or “corporation,” or abbreviations of these terms, unless the term is part of the contributor’s or endorser’s name in common usage or parlance.

(e) If this section requires the disclosure of the name of a top contributor that is a committee pursuant to subdivision (a) of Section 82013 of the Government Code and is a sponsored committee pursuant to Section 82048.7 of the Government Code with a single sponsor, only the name of the single sponsoring organization shall be disclosed.

(f) A committee that circulates a state initiative, referendum, or recall petition shall submit the Official Top Funders sheet required by subdivision (a), and any updates to that statement, to the Secretary of State, who shall post that statement on the Secretary of State’s internet website along with the previous versions the committee submitted.

(g) This section does not require a local elections official to verify the accuracy of the information required by this section or to re-approve the petition upon any updates the committee makes.

(h) Signatures collected on an initiative, referendum, or recall petition are not invalid solely because the information required by this section was absent or inaccurate.

(i) For purposes of this section, “endorser” means:

(1) A business that has been in existence for at least two years and has had at least one full-time staffer during that period.

(2) A non-profit organization that was not originally created for the purposes of serving as a committee, that has been in existence for at least two years, and either has received contributions from more than 50 donors in that period or has had at least one full-time staffer during that period.

(3) A political party.

(4) An individual, whose name may include their title if they are an elected official or represent one of the organizations described in paragraph (1), (2), or (3).

SEC. 5.

 Section 9004 of the Elections Code is amended to read:

9004.

 (a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the Attorney General shall prepare a circulating title and summary of the chief purposes and points of the proposed measure. The circulating title and summary shall not exceed 100 words. The Attorney General shall also provide a unique numeric identifier for each proposed initiative measure. The circulating title and summary shall be prepared in the manner provided for the preparation of ballot titles and summaries in Article 5 (commencing with Section 9050), the provisions of which, in regard to the preparation, filing, and settlement of ballot titles and summaries, are applicable to the circulating title and summary.

(b) (1) At the time of preparing a circulating title and summary for a proposed initiative measure, the Attorney General shall determine if the measure is a measure described in paragraph (2) of subdivision (b) of Section 9014.

(2) A determination made by the Attorney General pursuant to this subdivision shall not be set aside by a court except upon clear and convincing proof that the determination is in error.

(b)

(c) The Attorney General shall provide a copy of the circulating title and summary and summary, its unique numeric identifier identifier, and the determination made pursuant to subdivision (b) to the proponents and to the Secretary of State within 15 days after receipt of the fiscal estimate or opinion prepared by the Department of Finance and the Legislative Analyst pursuant to Section 9005. The date the copy is delivered or mailed to the proponents is the “official summary date.”

(c)

(d) Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, notify the proponents and county elections official of each county of the official summary date and provide a copy of the circulating title and summary to each county elections official. This notification shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.

SEC. 6.

 Section 9007 of the Elections Code is amended to read:

9007.

 Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Attorney General shall forthwith transmit copies of the text of the measure and measure, the circulating title and summary summary, and the determination made pursuant to subdivision (b) of Section 9004 to the Senate and the Assembly. The appropriate committees of each house may hold public hearings on the subject of the measure. However, nothing in this section shall be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.

SEC. 7.

 Section 9009.5 is added to the Elections Code, to read:

9009.5.

 (a) For a proposed statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the first page of the petition shall be in substantially the following form and in sans serif type unless otherwise specified:

(1) At the top of the page, in at least 11-point type, include the following:

INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS

OFFICIAL TITLE AND SUMMARY

The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:

[Here set forth the Attorney General’s unique numeric identifier placed before the circulating title and summary prepared by the Attorney General.]

(2) Next, separated by a blank horizontal line from the text in paragraph (1), shall appear the text “OFFICIAL TOP FUNDERS. Valid:”, followed by the month, date, and year of the top contributors as defined in subdivision (c) of Section 84501 of the Government Code as of the date the petition is printed. If the top contributors change or a new contributor qualifies as a top contributor during petition circulation, disclosure of the top contributors listed on the petition shall be updated to reflect the new top contributors within five business days. This text shall be centered in at least 16-point, boldface type.

(3) (A) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear a disclosure statement in a printed box with a black border.

(B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” centered in 14-point, boldface type.

(C) Next, centered on a separate horizontal line in at least 14-point type, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code or, if the proposed measure is circulated by a committee pursuant to subdivision (b) or (c) of Section 82013 of the Government Code, the name that the committee is required to use on campaign statements pursuant to subdivision (o) of Section 84211 of the Government Code. It shall be followed by a blank horizontal line and then, if the committee has top contributors as defined in subdivision (c) of Section 84501 of the Government Code, the underlined text “Committee major funding from:” shall appear centered in at least 14-point type.

(D) The top contributors, if any, shall each be centered in at least 14-point, boldface type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.

(E) Next, separated by a blank horizontal line, the following line shall include the text “Latest Official Top Funders:” followed by either (i) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements or (ii) an internet website created or maintained by the committee that prominently includes the information required by this section and a prominent link to the full text of the initiative measure. This text shall appear centered in at least 14-point type.

(4) Next, separated by a blank horizontal line from the bottom of the border, the disclosure statements required by subdivision (b) of Section 101 in at least 11-point type.

(5) Next, separated by a blank horizontal line from the text in paragraph (4), the portion of the petition for voters’ signatures, printed names, and residence addresses and the declaration of circulator shall be printed as provided in Sections 100, 104, and 9020 in at least 8-point type.

(6) The petition section number described in subdivision (b) of Section 9028 shall be included anywhere on the first page of every petition section in at least 8-point type.

(b) Notwithstanding any other law, the portion of the petition for voters’ signatures, printed names, and residence addresses shall appear only on the first page of a petition for a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014.

(c) Notwithstanding subdivision (g) or (h) of Section 107, signatures collected on a petition for a proposed statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall be invalid and not counted for purposes of determining whether the measure qualifies for the ballot if the information required by this section is absent or inaccurate, if the date a petition was signed by a voter is not included or is more than five business days after the date of a change in the top contributors, or if the voter does not include their initials as required by paragraph (2) of subdivision (b) of Section 9020.

SEC. 8.

 Section 9010 of the Elections Code is amended to read:

Across the top of each page of a referendum petition, there shall be printed in 12-point boldface type the following:

9010.

 “Referendum Against an Act Passed by the Legislature.”(a)For a proposed statewide referendum measure, the first page of the petition shall be in substantially the following form and in sans serif type unless otherwise specified:

(1) At the top of the page, include the following, in at least 11-point type:

REFERENDUM AGAINST AN ACT PASSED BY THE LEGISLATURE

OFFICIAL TITLE AND SUMMARY

The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the statute proposed for rejection:

[Here set forth the Attorney General’s unique numeric identifier placed before the circulating title and summary prepared by the Attorney General.]

(2) Next, separated by a blank horizontal line from the text in paragraph (1), shall appear the text “OFFICIAL TOP FUNDERS. Valid:”, followed by the month, date, and year of the top contributors as defined in subdivision (c) of Section 84501 of the Government Code as of the date the petition is printed. If the top contributors change or a new contributor qualifies as a top contributor during petition circulation, disclosure of the top contributors on the petition shall be updated to reflect the new top contributors within five business days. This text shall be centered in at least 16-point boldface type.

(3) (A) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear a disclosure statement in a printed box with a black border.

(B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” centered in at least 14-point boldface type.

(C) Next, centered on a separate horizontal line in at least 14-point type, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code or, if the proposed measure is circulated by a committee pursuant to subdivision (b) or (c) of Section 82013 of the Government Code, the name that the committee is required to use on campaign statements pursuant to subdivision (o) of Section 84211 of the Government Code. It shall be followed by a blank horizontal line and then, if the committee has top contributors as defined in subdivision (c) of Section 84501 of the Government Code, the underlined text “Committee major funding from:” shall appear centered in at least 14-point type.

(D) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be centered in at least 14-point boldface type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.

(E) The following line shall include the text “Latest Official Top Funders:” followed by either (i) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements or (ii) an internet website created or maintained by the committee that prominently includes the information required by this section and a prominent link to the full text of the referendum measure. This text shall appear centered in at least 14-point type.

(4) Next, separated by a blank horizontal line from the bottom of the border, the disclosure statements required by subdivision (b) of Section 101 in at least 11-point type.

(5) Next, separated by a blank horizontal line from the text in paragraph (4), the portion of the petition for voters’ signatures, printed names, and residence addresses and the declaration of circulator shall be printed as provided in Sections 100, 104, and 9020 in at least 8-point type.

(6) The petition section number described in subdivision (b) of Section 9028 shall be included anywhere on the first page of every petition section in at least 8-point type.

(b) Notwithstanding any other law, the portion of the petition for voters’ signatures, printed names, and residence addresses shall appear only on the first page of a petition for a proposed statewide referendum measure.

(c) Notwithstanding subdivision (g) or (h) of Section 107, signatures collected on a petition for a proposed statewide referendum measure shall be invalid and not counted for purposes of determining whether the measure qualifies for the ballot if the information required by this section is absent or inaccurate, if the date a petition was signed by a voter is not included or is more than five business days after the date of a change in the top contributors, or if the voter does not include their initials as required by paragraph (2) of subdivision (b) of Section 9020.

SEC. 9.

 Section 9012 of the Elections Code is amended to read:

9012.

 (a) Any petition for a proposed initiative measure or referendum may be presented in sections, but each section shall contain a full and correct copy of the circulating title and summary and text of the proposed measure. The text of the proposed measure shall be printed in type not smaller than 8 point.

(b) A petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall be printed as follows:

(1) On white paper with a contrasting color ink, if circulated by a person who does not receive money or other valuable consideration for the purpose of soliciting signatures of electors on the petition.

(2) On yellow paper with contrasting ink color, if circulated by a person who does receive money or other valuable consideration for the purpose of soliciting signatures of electors on the petition.

SEC. 10.

 Section 9014 of the Elections Code is amended to read:

9014.

 (a) A petition for a proposed initiative or referendum measure shall not be circulated for signatures prior to the official summary date.

(b) (1) Subject to subdivision (d), and except as provided in paragraph (2), a petition with signatures for a proposed initiative measure shall be filed with the county elections official not later than 180 days from the official summary date, and a county elections official shall not accept a petition for the proposed initiative measure after that period.

(2) (A) For a proposed initiative measure described in subparagraph (B), a petition with signatures for the measure shall be filed with the county elections official not later than 90 days from the official summary date, subject to subdivision (d), and a county elections official shall not accept a petition for the proposed initiative measure after that period.

(3) This paragraph shall apply to either of the following:

(i) An initiative measure that proposes to repeal, either directly or indirectly, a statute or a portion of a statute enacted by the Legislature, as determined by the Attorney General pursuant to subdivision (b) of Section 9004, if the initiative measure is submitted to the Attorney General for a circulating title and summary within two years of the January 1 next following the enactment date of the statute.

(ii) An initiative measure that proposes to amend, either directly or indirectly, a statute or a portion of a statute enacted by the Legislature in a manner that does not further the purposes of the statute, as determined by the Attorney General pursuant to subdivision (b) of Section 9004, if the initiative measure is submitted to the Attorney General for a circulating title and summary within two years of the January 1 next following the enactment date of the statute.

(c) Subject to subdivision (d), a petition for a proposed referendum measure shall be filed with the county elections official not later than 90 days from the date the legislative bill was chaptered by the Secretary of State, and a county elections official shall not accept a petition for the proposed referendum measure after that period.

(d) If the last day to file a petition pursuant to subdivision (b) or (c) is a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the petition may be filed with the county elections official on the next business day.

SEC. 11.

 Section 9020 of the Elections Code is amended to read:

9020.

 (a) The petition sections shall be designed so that each signer shall personally affix all of the following:

(1) The signer’s signature.

(2) The signer’s printed name.

(3) The signer’s residence address, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. An incomplete or inaccurate apartment or unit number in the signer’s residence address shall not invalidate their signature pursuant to Section 105.

(4) The name of the signer’s incorporated city or unincorporated community.

(5) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, the following text on a separate horizontal line below the signer’s printed name and above the signer’s signature: “DO NOT SIGN UNLESS you have seen Official Top Funders sheet and its month is still valid.” The text “DO NOT SIGN UNLESS” shall be in all capitals and in boldface. The other text shall be capitalized as shown and shall not be in boldface.

(b) For a statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, in addition to the requirements of subdivision (a), the petition sections shall be designed so that each signer shall personally affix both of the following:

(1) The date the petition is signed.

(2) The signer’s initials immediately preceding the following statement: “BY INITIALING HERE, I confirm that I have reviewed the Official Top Funders included on this page.”

(b)

(c) Only a person who is a qualified registered voter at the time of signing the petition is entitled to sign it.

(c)

(d) The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures. signatures except that for a statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the portion of the petition for voters’ signatures, printed names, and residence addresses shall appear only on the first page of a petition.

SEC. 12.

 Section 9023 is added to the Elections Code, to read:

9023.

 In addition to the information required by Sections 104 and 9022, the declaration of a person who solicits signatures for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 and does not receive money or other valuable consideration for the specific purpose of soliciting signatures of electors on the petition, for purposes of the requirement of subdivision (a) of Section 9036, shall declare all of the following:

(a) The person does not receive money or other valuable consideration for soliciting signatures of electors on the petition.

(b) To the best of the person’s knowledge, the signatures on the petition sections circulated by the person should be counted towards the requirement.

SEC. 13.

 Article 2.5 (commencing with Section 9025) is added to Chapter 1 of Division 9 of the Elections Code, to read:

Article  2.5. Petition Circulator Accountability

9025.

 (a) This article shall be known and may be cited as the California Petition Circulator Accountability Act of 2023.

(b) The provisions of this article relating to petition circulators shall apply only to a paid circulator who circulates a petition for a statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014. For purposes of this subdivision, “paid circulator” means a person who receives money or other valuable consideration to circulate a signature petition, excluding reimbursement for reasonable meals and travel associated with petition circulation.

9026.

 The Secretary of State shall design and administer a training program for petition circulators that includes training regarding the petition circulator registration requirements described in Section 9027 and acts that constitute prohibited conduct for circulators during the signature collection and petition filing process.

9027.

 (a) A petition circulator shall not receive payments of money or other valuable consideration to obtain signatures on a petition unless the circulator registers with the Secretary of State in the manner prescribed by this section.

(b) An application for registration by a petition circulator shall include all of the following:

(1) The full name and any assumed name of the applicant.

(2) The residential street address of the applicant.

(3) The applicant’s signature.

(4) A list of all the ballot measure petitions for which the applicant will gather signatures while the registration is active.

(5) A statement signed by the applicant acknowledging that the applicant has read and understands state law applicable to the circulation of statewide ballot measure petitions.

(6) Certification that the applicant has completed the training program required by Section 9026.

(7) A photograph of the applicant taken within the previous ninety days.

(c) Within 10 business days after submission of a registration application that complies with subdivision (b), the Secretary of State shall complete the applicant’s registration by assigning a unique registration number and providing the applicant a certificate of registration.

(d) (1) A circulator’s registration shall be valid through the end of the election cycle for which it is obtained. A circulator shall be required to reregister for each election cycle during which the circulator circulates one or more ballot measure petitions.

(2) A circulator shall amend the circulator’s registration to identify any measure for which the circulator is gathering signatures that was not identified in the circulator’s initial registration for that election cycle.

(e) A circulator shall lose registration status and shall be ineligible for registration for five years if either of the following occur:

(1) The circulator is convicted of a criminal offense involving fraud, forgery, or identity theft in any jurisdiction.

(2) A determination is made in a civil, criminal, or administrative proceeding that the circulator violated any law relating to the circulation of a ballot measure petition, including a ballot measure not subject to the requirements of this article.

(f) (1) Petition signatures gathered by a petition circulator who is required to be registered under this section but who is not properly registered at the time of gathering the signatures shall not be counted for purposes of determining whether the measure qualifies for the ballot.

(2) A petition circulator required to register under this section as a paid circulator shall comply with the requirements of this section with respect to any other statewide measure for which the circulator gathers signatures during the same election cycle, including any measure for which the circulator is not paid to gather signatures. If a petition circulator fails to comply with this paragraph for any measure, signatures gathered by the circulator for that measure shall not be counted for purposes of determining if the measure qualifies for the ballot.

(g) During the process of circulating a petition for signature, a circulator subject to this article shall wear a badge that includes the circulator’s name, registration number, and photograph. The badge shall be worn so that the circulator’s name, registration number, and photograph are clearly visible to prospective petition signatories.

(h) A person that pays money or other valuable consideration to a petition circulator subject to this article shall register with the Secretary of State. The application for registration shall include all of the following:

(1) The name and address of the person.

(2) The name of one or more individuals representing the person who will complete the training program required by Section 9026.

(3) A signed statement by each individual identified pursuant to paragraph (2) that includes all of the following:

(A) An acknowledgment that the individual has read and understands state law applicable to the circulation of statewide ballot measure petitions.

(B) A declaration that the person operates in compliance with the law relating to the circulation of petitions subject to this article.

(i) For purposes of this section, “election cycle” means the period commencing on January 1 of each odd-numbered year and concluding on December 31 of the following even-numbered year.

9028.

 (a) The Secretary of State shall prescribe a system for numbering the sections of a petition circulated by a paid circulator for a measure described in subdivision (b) of Section 9025.

(b) The system described in subdivision (a) shall, at a minimum, ensure that each section of a petition includes a unique identifying number and that the proponents of the measure maintain a list that includes all of the following for each section of the petition:

(1) The petition section number.

(2) The name of the circulator.

(3) The circulator’s registration number.

(4) The circulator’s California residence or business address.

(5) The date the circulator executed the declaration required by Section 9022.

(c) The proponents of a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall present the list described in subdivision (b) to the Secretary of State, certified under penalty of perjury regarding its accuracy to the best information and belief of the proponents, at the time the proponents file the certification required by subdivision (a) of Section 9034 and again when they submit petition sections to county elections officials for examination. Proponents of a statewide referendum measure shall present the list described in subdivision (b) to the Secretary of State when they submit petition sections to county elections officials for examination. The proponents’ submissions to the Secretary of State under this subdivision shall further certify that all circulators who gathered signatures for the measure are in compliance with this article. Failure to substantially comply with the requirements of this section shall be cause for the Secretary of State to invalidate any section of the petition for which the identity of the petition circulator cannot be verified.

SEC. 14.

 Section 9030 of the Elections Code is amended to read:

9030.

 (a) Each section of the petition shall be filed with the elections official of the county or city and county for 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 10 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 and, in the case of a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the percentage of signatures collected by a person who does not receive money or other valuable consideration. The elections official 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, sufficient or, in the case of a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, does not satisfy the requirement of subdivision (a) of Section 9036, 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, sufficient and, in the case of a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, satisfies the requirement of subdivision (a) of Section 9036, the Secretary of State shall immediately so notify the elections officials.

(d) (1) Within 30 35 days after this notification, excluding Saturdays, Sundays, and holidays, the elections official shall determine determine: the

(A) The number of qualified voters who have signed the petition. petition. and

(B) If applicable, the number of qualified voters who have signed each section of the petition that satisfies the requirement of subdivision (a) of Section 9036. If

(2) (A) 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 from all petition sections 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

(B) For a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, a second random sample of signatures shall be drawn from all petition sections submitted to satisfy the requirement of subdivision (a) of Section 9036 and verified according to the procedures set forth by the Secretary of State. The verification of signatures submitted to satisfy the requirement of subdivision (a) of Section 9036 shall be consistent with subdivision (g) of that section.

(C) In each case, the random sampling shall include an examination of at least 500 signatures or 3 percent of the signatures on the respective petitions or sections of petitions, whichever is greater.

(3)  In determining from the records of registration what number of qualified voters have signed the petition, the elections official may use any facsimiles of voters’ signatures provided that if the method of preparing and displaying the facsimiles complies with law. A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.

(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, certificate showing the result of the examination, 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, sufficient or, for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, that the number of valid signatures submitted does not equal 95 percent of the number of qualified voters needed to satisfy the requirement of subdivision (a) of Section 9036, 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, sufficient and, for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the number of valid signatures submitted is more than 110 percent of the number of qualified voters needed to satisfy the requirement of subdivision (a) of Section 9036, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.

(h) The Secretary of State shall adopt regulations consistent with this section. The initial regulations may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare.

SEC. 15.

 Section 9031 of the Elections Code is amended to read:

9031.

 (a) (1) If the statistical sampling shows that the number of valid signatures on all petition sections, including those submitted to satisfy the requirement of subdivision (a) of Section 9036, 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 the signatures each signature filed, and shall so notify the elections officials. A

(2) For a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, if the statistical sampling shows that the number of valid signatures for all signatures submitted is more than 110 percent of the number of qualified voters needed to find the petition sufficient, but the number of valid signatures submitted is within 95 to 110 percent of the number of signatures needed to satisfy the requirement of subdivision (a) of Section 9036, the Secretary of State shall only order an examination and verification of each signature filed to satisfy the requirement of subdivision (a) of Section 9036.

(3)  A signature shall not be invalidated because of a variation of the signature caused by the substitution of initials for the first or middle name, or both, of the person signing the petition.

(b) (1)Within 30 35 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 the number of qualified voters who have signed the petition and if necessary a section of the petition that is subject to examination under subdivision (a) 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 the number of qualified voters who have signed the petition, the elections official or registrar of voters may use any file or list of registered voters maintained by their office, or the facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law.

(2) The examination of signatures that are submitted to satisfy subdivision (a) of Section 9036 shall be made pursuant to subdivision (g) of that section.

(c) (1) During the examination and verification of the signatures filed, the elections official or registrar of voters shall submit one or more reports to the Secretary of State showing the number of signatures of qualified voters that have been verified as of that date. The Secretary of State shall determine the number of reports required to be submitted and the manner of their submission.

(2) The Secretary of State shall maintain a list indicating the number of verified signatures of qualified voters who have signed the petition based on the most recent reports submitted pursuant to paragraph (1). If the Secretary of State determines, prior to each county’s completing the examination of each signature filed, that based on the list the petition is signed by the requisite number of voters needed to declare the petition sufficient, the Secretary of State shall immediately notify the elections official or registrar of voters of every county or city and county in the state of this fact. Immediately after receipt of this notification, the elections official or registrar of voters may suspend signature verification until receipt of a certificate pursuant to Section 9033 or until otherwise instructed by the Secretary of State.

(d) The elections official or registrar, upon the completion of the examination or notification pursuant to paragraph (2) of subdivision (c), 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.

(e) (1) If the amended certificates establish the petition’s sufficiency, the Secretary of State shall certify that the measure is qualified for the ballot as provided in Section 9033.

(2) 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.

(f) The Secretary of State shall adopt regulations consistent with this section. The initial regulations may be adopted as emergency regulations in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall be deemed necessary for the immediate preservation of the public peace, health, safety, or general welfare.

SEC. 16.

 Section 9034 of the Elections Code is amended to read:

9034.

 (a) The proponents of a proposed initiative measure shall submit a certification, signed under penalty of perjury, to the Secretary of State immediately upon the collection of 25 percent of the number of signatures needed to qualify the initiative measure for the ballot.

(b) Upon the receipt of the certification required by subdivision (a), 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, and the determination made by the Attorney General pursuant to subdivision (b) of 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 the measure not later than 131 days before the date of the election at which the measure is to be voted upon.

(c) This section shall not be construed as authority for the Legislature to alter the initiative measure or prevent it from appearing on the ballot.

SEC. 17.

 Section 9036 is added to the Elections Code, to read:

9036.

 (a) For a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, 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 ballot measure 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 a proposed statewide referendum measure or a statewide initiative measure does not receive money or other valuable consideration for purposes of subdivision (a) unless the primary purpose of their employment or membership is to solicit signatures on a ballot measure petition.

(2) For purposes of this subdivision, “member” means any of the following:

(A) An individual who, pursuant to a specific provision of a nonprofit organization’s articles of incorporation or bylaws, has the right to vote for 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) An individual who is designated in a nonprofit 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 amendments to the articles of incorporation or bylaws.

(C) An individual who pays or has paid membership dues in an amount predetermined by the nonprofit organization, provided the organization is tax exempt under Section 501(c) of the Internal Revenue Code.

(D) An individual, director, or officer of the nonprofit organization.

(3) For purposes of this subdivision, an individual 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. An individual 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 its mailing or contact list.

(5) An employee or individual 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 a ballot measure petition.

(6) For purposes of this subdivision, whether a nonprofit organization, or a member or employee of a nonprofit organization, has the primary purpose of soliciting signatures on a ballot measure 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 a ballot measure 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 a ballot measure 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 on the petition, 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 a nonprofit organization other than a political party committee that has a primary purpose other than soliciting signatures on ballot measure petitions from soliciting signatures from the nonprofit 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 ballot measure.

(f) Verification of a petition that contains a declaration pursuant to Section 9023 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 voter’s signature shall be counted as a duplicate signature and shall not count towards satisfying subdivision (a).

SEC. 18.

 The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

SEC. 19.

 This act shall apply only to a proposed initiative or referendum measure for which the official summary date occurs on or after the effective date of this act.

SEC. 20.

 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.

SECTION 1.Section 9001 of the Elections Code is amended to read:

9001.

(a)Before the circulation of an initiative or referendum petition for signatures, the text of the proposed measure shall be submitted to the Attorney General with a written request that a circulating title and summary of the chief purpose and points of the proposed measure be prepared. The electors presenting the request shall be known as the “proponents.” The Attorney General shall preserve the written request until after the next general election.

(b)Each and every proponent of a proposed initiative measure shall, at the time of submitting the text of the proposed measure, provide both of the following:

(1)An original signed certification stating that “I, (insert name), declare under penalty of perjury that I am a citizen of the United States, 18 years of age or older, and a resident of (insert county), California.”

(2)Public contact information.

(c)The proponents of a proposed initiative measure, at the time of submitting the text of the proposed measure to the Attorney General, shall pay a fee to the Attorney General of two thousand dollars ($2,000) that shall be placed in a trust fund in the office of the Treasurer and refunded to the proponents if the measure qualifies for the ballot within two years from the date the summary is furnished to the proponents. If the measure does not qualify within that period, the fee shall be immediately paid into the General Fund of the state.

(d)All referenda and proposed initiative measures must be submitted to the Attorney General’s Initiative Coordinator located in the Sacramento Attorney General’s Office via U.S. Postal Service, alternative mail service, or personal delivery. Only printed documents will be accepted; facsimile or email delivery will not be accepted.

(e)The Attorney General shall not deem a request for a circulating title and summary submitted until all of the requirements of this section are met.