SB 386: Elections.

(1)Existing law establishes procedures for the filing of a state initiative or referendum petition with county elections officials and for county elections officials and the Secretary of State to determine the validity and numerical sufficiency of the signatures submitted with the petition. Under existing law, if the number of signatures filed with all county elections officials is 100% or more of the number of signatures required, the Secretary of State is required to immediately notify county elections officials, who must then preliminarily determine the number of qualified voters who signed the petition, including by use of random sampling if the number of signatures exceeds 500. Thereafter, if the random sampling shows that the number of valid signatures is within 95 to 110% of the requisite number of qualified voters, the Secretary of State must order the examination and verification of the signatures filed, and within 30 days of this order, as specified, the elections official must determine the number of qualified voters who signed the petition.

Existing law also permits an elections official to use a random sampling method to determine the number of qualified voters who signed a county, city, or special district initiative or referendum petition, or a local recall petition, if the number of signatures on the petition exceeds 500. If an elections official uses this method and if a specified percentage of valid signatures is demonstrated, the elections official must complete the determination of the number of qualified voters, in the case of a county, city, or special district petition, within 60 days of the date the petition was filed, as specified, and in the case of a local recall petition, within 30 days of the date the petition was filed, as specified.

This bill would, with respect to an elections official using the random sampling method to verify signatures for any of the above petitions, extend by 30 days the period within which the official must complete their determination of the number of qualified voters, except when this extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, as specified.

(2)Existing law requires a person, to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city elections official and submit the nomination papers, with a requisite number of signatures, by no later than the 88th day before the election.

This bill would require a city elections official to post or publish specified election information no later than 3 days before the deadline for the submission of nomination papers, as specified. The information required to be posted or published includes the list of open offices; whether the city elections official has provided nomination papers to incumbents to those offices; if, due to redistricting, there is no incumbent for an open office; the location where nomination papers may be obtained; and the location, dates, and hours of operation of the location where the nomination papers may be filed.

(3)Existing law prescribes the required content of ballots. Existing law requires ballots to contain specified instructions for voters in presidential elections.

This bill would repeal that requirement.

(4)By increasing the duties of local elections officials, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, 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.