(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.

(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.

(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. 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.

(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 100% 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.

(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.

(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 percent 100% 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.

(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. 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.

(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. Within 30 days after this notice, excluding weekends and holidays, county elections officials are required to verify that those signatures were provided by qualified voters. 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 percent 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.

(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 publish specified election information on the citys internet website by no later than 3 days before the deadline for the submission of nomination papers. The information required to be 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.

(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. Within 30 days after this notice, excluding weekends and holidays, county elections officials are required to verify that those signatures were provided by qualified voters.

This bill would extend that period to within 60 days after notice from the Secretary of State. The bill would also exclude any day that is between 29 days before through 30 days after a statewide election held in March or November of an even-numbered year from the 60-day period.

(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 publish specified election information on the citys internet website by no later than 3 days before the deadline for the submission of nomination papers. The information required to be 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)The bill would also require a county elections internet website to have a .gov domain.

(5)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.

 UNFINISHED BUSINESS  

Bill No: SB 386

Author: Newman (D)

Amended: 9/7/23

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 6-1, 4/18/23

AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg

NOES: Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SENATE FLOOR: 32-8, 5/22/23

AYES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NOES: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ASSEMBLY FLOOR: 62-17, 9/13/23 - See last page for vote

SUBJECT: Elections

SOURCE: Author

DIGEST:

This bill extends signature verification periods within which the election officials must complete their determination of the number of qualified signatures on various state and local petitions, as specified. This bill also requires city election officials to publish a public notice with specified city election information no later than three days before the deadline for nomination papers, as specified. Finally, this bill repeals obsolete ballot language as it relates to presidential elections.

Assembly Amendments

specify that the notice containing specific city election information could be posted on the city’s website, include language pertaining to deadline extensions for signature verifications on petitions for recall if the deadline extension could cause a recall election to be ineligible for consolidation with the next regularly scheduled election, and make technical changes.

ANALYSIS:

Existing law:

1. Establishes procedures for the filing of a state initiative or referendum petition with county election officials and the Secretary of State (SOS) to determine the validity and numerical sufficiency of the signatures submitted with the petition. Provides, if the number of signatures filed with all county election officials is 100% or more of the number of signatures required, the SOS is required to immediately notify county election officials. Requires, within 30 days after this notice, excluding weekends and holidays, county election officials to verify that those signatures were provided by qualified voters, as specified.
2. Permits an election 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 election official uses this method, and if a specified percentage of valid signatures is demonstrated, the election 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.
3. Requires a person, in order to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city election official and submit the nomination papers with a requisite number of signatures no later than the 88th day before the election. Requires ballots to contain specified instructions for voters in presidential elections.

This bill:

1. Extends the period of time an elections official has to complete signature verification and determine the number of qualified signatures on state and local petitions by 30 working days in situations where the official must do a "full check" of every signature on the petition, as specified. Provides that this extended verification period does not apply to the verification of signatures on a state or local recall petition if the SOS determines that the time reasonably needed to complete the 60-day signature verification process could cause the recall election to be ineligible for consolidation with the next regularly scheduled election.
2. Requires a city elections official to post online or publish, no later than three days prior to the deadline for submitting nomination papers, specified information regarding open elective offices and how to file nomination papers.
3. Repeals obsolete ballot instructions printed on presidential election ballots.

Background

Signature Verification Timelines. In order to file a petition to place a measure on the ballot, members of the public must collect signatures that are later verified by county elections offices. During election season, employees in county elections offices are responsible for counting and tabulating ballots at the same time that they are required to continue petition signature verification. This overlap has resulted in the need to hire supplemental staff and has the potential to delay the vote count. SB 386 extends the deadlines on signature verification for enabling election officials to manage resources more efficiently. This bill also provides that this extended verification period does not apply to the verification of signatures on a state or local recall petition if the SOS determines that the time reasonably needed to complete the 60-day signature verification process could cause the recall election to be ineligible for consolidation with the next regularly scheduled election.

City Election Information. When a candidate runs for office in California they are required to reside within the boundaries of the district that they are seeking to represent. Problems can surface when post census electoral maps are updated to reflect changes in population distribution, and a sitting officeholder loses his or her right to seek re-election because their residence is excluded from the newly drawn version of the jurisdiction. Existing law also provides when an incumbent decides not to run for re-election the deadline for eligible candidates to submit nomination papers is extended by five days. The extension may not be granted if “there is no incumbent eligible to be elected.” Existing law has been interpreted as applying to the situation when the incumbent has been “redistricted out.” SB 386 intends to reduce confusion by requiring specified notifications about electoral guidelines on municipal websites at least three days prior to the filing deadline.

Modernizing the Elections Code. By law, every ballot in California printed in presidential election years is required to have instructions informing voters of the process by which presidential electors are chosen. These instructions regarding the election of political party delegates and presidential electors no longer apply to California elections. Continuing to provide these instructions lengthens the ballot, increases printing costs, and potentially places election officials and offices at risk of being respondents to lawsuits for noncompliance with the section. SB 386 removes this section of law.

Comments

According to the author, SB 386 seeks to make three minor changes to California’s Elections Code in the service of further ensuring transparency in the electoral process while more effectively stewarding the taxpayer dollars need for the conduct of elections.

Related/Prior Legislation

AB 698 (Obernolte, Chapter 14, Statutes of 2019) codified an election officials’ best practice to prohibit the invalidation of a signature on a state, county, municipal, or district initiative or referendum petition or a charter amendment petition 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.

AB 1020 (Ridley-Thomas, Chapter 728, Statutes of 2015) updated statutes and deleted numerous obsolete provisions within the Elections Code in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Assembly Appropriations Committee:

1. One-time costs of approximately $7,000 to the SOS to develop new written guidelines and procedures to account for the new signature verification timeline. SOS staff must also respond to related inquiries from county elections staff and the public.
2. By requiring city elections officials to publicize specified elections nomination information, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, cities could claim reimbursement from the state. The magnitude of these costs is unknown, but likely minor.

County elections officials will likely incur minor costs similar to the SOS to update local signature verification procedures. However, extending the period for signature verification relaxes a state-mandated local program, likely resulting in overall cost-savings to counties.

SUPPORT: (Verified 9/13/23)

California Association of Clerks and Election Officials

California State Association of Counties

City Clerks Association of California

County of Los Angeles

League of Women Voters of California

OPPOSITION: (Verified 9/13/23)

Howard Jarvis Taxpayers Association

ASSEMBLY FLOOR: 62-17, 9/13/23

AYES: Addis, Aguiar-Curry, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Connolly, Mike Fong, Friedman, Gabriel, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Santiago, Schiavo, Soria, Ting, Valencia, Villapudua, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NOES: Alanis, Megan Dahle, Davies, Dixon, Essayli, Flora, Vince Fong, Gallagher, Hoover, Lackey, Mathis, Jim Patterson, Joe Patterson, Sanchez, Ta, Waldron, Wallis

NO VOTE RECORDED: Chen

Prepared by: Scott Matsumoto / E. & C.A. / (916) 651-4106

9/14/23 9:40:06

**** END ****

SENATE THIRD READING

STR Bill Id:SB 386

Author:(Newman)

As Amended Ver:September 7, 2023

Majority vote

SUMMARY

Modifies various timelines by which elections officials must complete existing duties.

Major Provisions

1. Extends the period of time an elections official has to complete signature verification and determine the number of qualified signatures on state and local petitions by 30 working days in situations where the official must do a "full check" of every signature on the petition, as specified. Provides that this extended verification period does not apply to the verification of signatures on a state or local recall petition if the Secretary of State (SOS) determines that the time reasonably needed to complete the 60-day signature verification process could cause the recall election to be ineligible for consolidation with the next regularly scheduled election.
2. Requires a city elections official to post online or publish, no later than three days prior to the deadline for submitting nomination papers, specified information regarding open elective offices and how to file nomination papers.
3. Repeals obsolete ballot instructions printed on presidential election ballots.

COMMENTS

Under existing law, an elections official has a certain number of days to verify petition signatures and determine whether the state or local petition has been signed by the number of voters necessary to qualify the ballot measure. According to the author’s office, county elections officials are required to continue to verify state and local petition signatures while simultaneously processing vote by mail (VBM) ballots during the early voting period and canvass period of an election. In practice, this can lead to extreme staffing challenges as the election staff managing the signature verification process for petitions are usually the same experts tasked with verifying signatures on VBM ballots. In an effort to make this process more efficient, this bill increases the time period an elections official has to conduct signature verification for state and local petitions in situations where the elections official is required to conduct a full check of signatures filed on the petition, as specified.

Extending the signature verification time period could result in ballot measures being ineligible for the intended election if proponents wait until the last day for submittal. Thus ballot measure proponents that are seeking to qualify a measure to appear on a particular ballot may need to adjust their timelines and start the petition process even earlier than usual in order to qualify the measure for the intended election.

Please see the policy committee analysis for a full discussion of this bill.

According to the Author

"SB 386 seeks to make three minor changes to California’s Elections Code in the service of further ensuring transparency in the electoral process while more effectively stewarding the taxpayer dollars need for the conduct of elections."

Arguments in Support

With a support position on a prior version of this bill, the League of Women Voters of California wrote, "The changes proposed in SB 386 help ensure that: county elections offices have the time to verify signatures without using excessive overtime hours; potential candidates are clearly informed of filing deadlines for office; and that voters are not confused by antiquated instructions on their ballots."

Arguments in Opposition

With an oppose unless amended position on a prior version of this bill, the Howard Jarvis Taxpayers Association wrote, "SB 386 should be amended to provide that initiative measures filed before the law goes into effect are subject to the signature verification period under current law. It would be undemocratic to change the rules in the middle of the process."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. One-time costs of approximately $7,000 to the SOS to develop new written guidelines and procedures to account for the new signature verification timeline. SOS staff must also respond to related inquiries from county elections staff and the public.
2. By requiring city elections officials to publicize specified elections nomination information, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, cities could claim reimbursement from the state. The magnitude of these costs is unknown, but likely minor.
3. County elections officials will likely incur minor costs similar to the SOS to update local signature verification procedures. However, extending the period for signature verification relaxes a state-mandated local program, likely resulting in overall cost-savings to counties.

VOTES

SENATE FLOOR: 32-8-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ASM ELECTIONS: 6-1-1

YES: Bryan, Bennett, Lee, Low, Pellerin, Blanca Rubio

NO: Lackey

ABS, ABST OR NV: Essayli

ASM APPROPRIATIONS: 12-4-0

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Soria, Weber, Wilson

NO: Megan Dahle, Dixon, Mathis, Sanchez

UPDATED

VERSION: September 7, 2023

CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0002000

SENATE THIRD READING

STR Bill Id:SB 386

Author:(Newman)

As Amended Ver:June 5, 2023

Majority vote

SUMMARY

Modifies various timelines by which elections officials must complete existing duties.

Major Provisions

1. Extends the period of time an elections official has to complete signature verification and determine the number of qualified signatures on state and local petitions by 30 working days in situations where the official must do a "full check" of every signature on the petition, as specified.
2. Requires a city elections official to post online or publish, no later than three days prior to the deadline for submitting nomination papers, specified information regarding open elective offices and how to file nomination papers.
3. Repeals obsolete ballot instructions printed on presidential election ballots.

COMMENTS

Under existing law, an elections official has a certain number of days to verify petition signatures and determine whether the state or local petition has been signed by the number of voters necessary to qualify the ballot measure. According to the author’s office, county elections officials are required to continue to verify state and local petition signatures while simultaneously processing vote by mail (VBM) ballots during the early voting period and canvass period of an election. In practice, this can lead to extreme staffing challenges as the election staff managing the signature verification process for petitions are usually the same experts tasked with verifying signatures on VBM ballots. In an effort to make this process more efficient, this bill increases the time period an elections official has to conduct signature verification for state and local petitions in situations where the elections official is required to conduct a full check of signatures filed on the petition, as specified.

Extending the signature verification time period could result in ballot measures being ineligible for the intended election if proponents wait until the last day for submittal. Thus ballot measure proponents that are seeking to qualify a measure to appear on a particular ballot may need to adjust their timelines and start the petition process even earlier than usual in order to qualify the measure for the intended election.

Please see the policy committee analysis for a full discussion of this bill.

According to the Author

"SB 386 seeks to make three minor changes to California’s Elections Code in the service of further ensuring transparency in the electoral process while more effectively stewarding the taxpayer dollars need for the conduct of elections."

Arguments in Support

In support of this bill, the League of Women Voters of California writes, "The changes proposed in SB 386 help ensure that: county elections offices have the time to verify signatures without using excessive overtime hours; potential candidates are clearly informed of filing deadlines for office; and that voters are not confused by antiquated instructions on their ballots."

Arguments in Opposition

With an oppose unless amended position, the Howard Jarvis Taxpayers Association writes, "SB 386 should be amended to provide that initiative measures filed before the law goes into effect are subject to the signature verification period under current law. It would be undemocratic to change the rules in the middle of the process."

FISCAL COMMENTS

According to the Assembly Appropriations Committee:

1. One-time costs of approximately $7,000 to the Secretary of State (SOS) to develop new written guidelines and procedures to account for the new signature verification timeline. SOS staff must also respond to related inquiries from county elections staff and the public.
2. By requiring city elections officials to publicize specified elections nomination information, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, cities could claim reimbursement from the state. The magnitude of these costs is unknown, but likely minor.
3. County elections officials will likely incur minor costs similar to the SOS to update local signature verification procedures. However, extending the period for signature verification relaxes a state-mandated local program, likely resulting in overall cost-savings to counties.

VOTES

SENATE FLOOR: 32-8-0

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dodd, Durazo, Eggman, Glazer, Gonzalez, Hurtado, Laird, Limón, McGuire, Menjivar, Min, Newman, Padilla, Portantino, Roth, Rubio, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener

NO: Dahle, Grove, Jones, Nguyen, Niello, Ochoa Bogh, Seyarto, Wilk

ASM ELECTIONS: 6-1-1

YES: Bryan, Bennett, Lee, Low, Pellerin, Blanca Rubio

NO: Lackey

ABS, ABST OR NV: Essayli

ASM APPROPRIATIONS: 12-4-0

YES: Holden, Bryan, Calderon, Wendy Carrillo, Mike Fong, Hart, Lowenthal, Papan, Pellerin, Soria, Weber, Wilson

NO: Megan Dahle, Dixon, Mathis, Sanchez

UPDATED

VERSION: June 5, 2023

CONSULTANT: Nichole Becker / ELECTIONS / (916) 319-2094 FN: 0001252

Date of Hearing: August 16, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

SBPCA Bill Id:SB 386

Author:(Newman) – As Amended Ver:June 5, 2023

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill modifies various timelines by which elections officials must complete existing duties.

Specifically, this bill:

1. Extends, by 30 days, the period within which an elections official must conduct a “full check” to verify signatures for state and local petitions.
2. Requires a city elections official to post online or publish, no later than three days prior to the deadline for submitting nomination papers, specified information regarding open elective offices and how to file nomination papers.
3. Repeals obsolete ballot instructions printed on the presidential election ballot.

FISCAL EFFECT:

1. One-time costs of approximately $7,000 to the Secretary of State (SOS) to develop new written guidelines and procedures to account for the new signature verification timeline. SOS staff must also respond to related inquiries from county elections staff and the public.
2. By requiring city elections officials to publicize specified elections nomination information, this bill likely creates a state-mandated local program. If the Commission on State Mandates determines the provisions of this bill create a new program or impose a higher level of service for which the state must reimburse local costs, cities could claim reimbursement from the state. The magnitude of these costs is unknown, but likely minor.

County elections officials will likely incur minor costs similar to the SOS to update local signature verification procedures. However, extending the period for signature verification relaxes a state-mandated local program, likely resulting in overall cost-savings to counties.

COMMENTS:

1. Purpose. According to the author, this bill “seeks to make three minor changes to California’s Elections Code in the service of further ensuring transparency in the electoral process while more effectively stewarding the taxpayer dollars need[ed] for the conduct of elections.”
2. Support and Opposition. This bill is sponsored by the California Association of Clerks and Elections Officials, which argues this bill improves “efficient election administration practices for petitions, ballot instructions and nomination[s] for municipal offices.” This bill is also supported by the City Clerks Association of California, County of Los Angeles, and League of Women Voters of California.

This bill is opposed, unless amended, by the Howard Jarvis Taxpayers Association, which argues this bill “should be amended to provide that initiative measures filed before the [bill] goes into effect are subject to the signature verification period under current law. It would be undemocratic to change the rules in the middle of the process.” The author intends to address this issue with forthcoming amendments.

1. Background.

Petition Signature Verification Timelines. Existing law requires an elections official to verify ballot measure signatures and determine whether the petition has been signed by the requisite number of registered voters. Generally, if initial random statistical sampling shows that the number of valid signatures is within 95% to 110% of the number of signatures needed for qualification, the elections official must then conduct a “full check” of signatures. However, this verification timeline often coincides with the early voting and canvass period of an election, when staff are also processing vote by mail ballots. This bill extends, by 30 days, the time for an elections official to conduct a full check of signatures for state and local petitions, thus minimizing competing pressures on staff. However, as referenced by HJTA and policy committee analyses of this bill, this bill may push proponents to begin the qualification process even earlier than usual, as extending the signature verification period could result in ballot measures being ineligible for the intended election if proponents submit signatures late in the process.

Nomination Filing Deadline. Generally, the nomination form a candidate must submit to run for an elective office becomes available on the 113th day prior to the election and must be filed no later than the 88th day prior to the election. If the incumbent does not file for reelection within that time, any other candidate is allowed to file up until the 83rd day prior to the election. This bill requires a city elections official to publicize, no later than three days prior to the deadline for submitting nomination papers, specified information regarding open elective offices and how to file nomination papers. Although information from the author’s office cites confusion around eligibility for an in-district 2022 city council election as an example of why such information is needed, it is unclear why this provision of the bill is limited to municipal elections and not inclusive of county or state legislative elections.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: June 21, 2023

ASSEMBLY COMMITTEE ON ELECTIONS

Isaac G. Bryan, Chair

SBPCA Bill Id:SB 386

Author:(Newman) – As Amended Ver:June 5, 2023

SENATE VOTE: 32-8

SUBJECT: Elections.

SUMMARY: Extends the period of time an elections official has to complete signature verification and determine the number of qualified signatures on state and local petitions by 30 working days in situations where the official must do a “full check” of every signature on the petition. Requires a city elections official to publish a public notice with specified city election information no later than three days before the deadline for nomination papers. Repeals obsolete ballot instructions printed on a presidential election ballot. Specifically, this bill:

1. Extends the signature verification period for an elections official to complete a full check of the number of qualified voters that have signed a state initiative, referendum, or recall petition from 30 working days to 60 working days.
2. Extends the deadline for an elections official to complete a full check of signatures on a county, city, or special district initiative or referendum petition, if the elections official originally used a random sampling method to determine the number of valid signatures, from 60 working days to 90 working days after the petition was filed with the elections official. Extends the deadline for an elections official to complete a verification of signatures on a local recall petition from 30 working days to 60 working days after the petition was filed.
3. Requires a city elections official, no later than three days before the deadline for submission of nomination papers for a municipal election, to publish a public notice that includes all of the following:
   
   1. A list of the offices to be filled.
      
   2. Whether the city elections official has furnished nomination papers to the incumbent for each open office.
      
   3. Whether, due to redistricting, there is no eligible incumbent for an open office.
      
   4. The location where nomination papers may be obtained.
      
   5. The location, dates, and hours of operation of the office where completed nomination papers may be filed.
4. Repeals obsolete ballot instructions printed on presidential election ballots that instruct a voter how to vote for President, and how to vote for electors of President and Vice President, as specified.

EXISTING LAW:

1. Establishes procedures for the filing of a state initiative or referendum petition with county elections official and the Secretary of State (SOS) to determine the validity and numerical sufficiency of the signatures submitted with the petition. (Elections Code §9030(a))
   
2. Requires the SOS, if the SOS determines that the total number of signatures filed with all county election officials is 100 percent or more of the total number of signatures needed to qualify the state ballot measure, to immediately notify the county elections official. (Elections Code §9030(c))
   
3. Requires an elections official, within 30 working days after the notification, to determine the number of qualified voters who have signed the state ballot measure petition. Requires an elections official, if more than 500 names have been signed on sections of the petition, to use a random sampling technique for verification of signatures. Requires the random sampling to include an examination of at least 500 or 3 percent of the signatures, whichever is greater. (Elections Code §9030(d))
4. Requires the SOS, if the random 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 state petition sufficient, to order the examination and verification of all signatures filed, and notify the elections official. This process is referred to as a “full check.” Requires an elections official, within 30 working days after receipt of the order, to determine what number of qualified voters have signed the state petition. (Elections Code §9031)
   
5. Requires an elections official, in the case of a county, city, or special district initiative or referendum petition that contains 500 signatures or fewer, to examine the petition, and from the records of registration ascertain whether or not the petition is signed by the requisite number of voters, and notify the proponents of the petition as to the sufficiency or insufficiency of the petition within 30 working days from the date the petition was filed. Permits an elections official, in the case of such a petition that contains more than 500 signatures, to use a random sampling technique to verify the signatures within 30 working days from the date the petition was filed. Requires the random sampling to include an examination of at least 500 or 3 percent of the signatures, whichever is greater. Requires the elections official, if the statistical random 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 local petition sufficient, to, within 60 working days from the date of the filing of the petition, examine and verify all the signatures filed. (Elections Code §§9114, 9115, 9146, 9211, 9237.5, 9309, 11225)
   
6. Requires signatures on statewide recall petitions to be verified in the same manner set forth in existing law for a “full check” of signatures on a state initiative petition. (Elections Code §§11104(b), 11106)
7. Requires signatures on local recall petitions to be verified in a similar manner set forth in existing law for a local initiative or referendum petition, except that the elections official has a total of 30 working days to complete both the random sampling verification of signatures on the petition and the full check of signatures on the petition, if necessary. (Elections Code §11225)
8. Requires an individual, in order 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 no later than the 88th day before the election. (Elections Code §§10220, 10224)
9. Requires specified ballot instructions printed on presidential election ballots that instruct a voter how to vote for President, and how to vote for electors of President and Vice President. (Elections Code §13502)

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Purpose of the Bill: According to the author, “SB 386 seeks to make three minor changes to California’s Elections Code in the service of further ensuring transparency in the electoral process while more effectively stewarding the taxpayer dollars need for the conduct of elections.”
   
2. Petition Signature Verification Timelines: Ballot measures, such as initiatives, referendums, and recalls, are vital forms of direct democracy that allow voters to have a voice in the laws that will govern them. In general, there are various steps to proposing a state or local ballot measure, such as drafting the proposed ballot measure, requesting a circulating title and summary, circulating ballot measure petitions and collecting signatures, and submitting the signatures for verification by the elections official. Under existing law, an elections official has a certain number of days to verify petition signatures and determine whether the state or local petition has been signed by the number of signatures necessary to qualify the ballot measure. According to author’s office, county elections officials are required to continue to verify state and local petition signatures while simultaneously processing vote by mail (VBM) ballots during the early voting period and canvass period of an election. In practice, this can lead to extreme staffing challenges as the election staff managing the signature verification process for petitions are usually the same experts tasked with verifying signatures on VBM ballots. In an effort to make this process more efficient, this bill increases the time period an elections officials has to conduct signature verification for state and local petitions in situations where the elections official is required to conduct a full check of signatures filed on the petition, as specified.

As mentioned above, proposing a ballot measure is a multistep process. The SOS publishes suggested deadlines for state initiative proponents to begin the process of proposing a measure in order to qualify the measure for a particular election, and encourages proponents to begin the process as early as possible to ensure all deadlines are met. Extending the signature verification time period could result in ballot measures being ineligible for the intended election if proponents wait until the last day for submittal. Thus ballot measure proponents that are seeking to qualify a measure to appear on a particular ballot may need to adjust their timelines and start the petition process even earlier than usual in order to qualify the measure for the intended election.

1. Municipal Elections: All candidates, as a precondition for having their name printed on the ballot at an election, must complete and file with the elections official specified nomination documents. Generally, the forms for nomination documents are available on the 113th day prior to the election, and must be completed and filed with the elections official not later than the 88th day prior to the election. Additionally, existing law provides, generally, that if an incumbent who is eligible to run for reelection does not file nomination documents by the 88th day before the election, as specified, that any person other than the incumbent has until the 83rd day before the election to file nomination documents for that office. According to the author, when a census is conducted, and electoral maps are updated to reflect changes in population distribution, and it is possible that a sitting officeholder may lose their right to seek re-election in the event that their residence is excluded from the newly drawn jurisdiction boundaries. Under these circumstances, an extension may not be granted if there is no incumbent eligible to be elected as the incumbent has been “redistricted out.” This bill seeks to reduce confusion by requiring specified notifications about electoral guidelines to be posted on municipal websites at least three days prior to the filing deadline.
   
2. Updating Ballot Instructions: Existing law requires ballots to comply with certain layout and printing requirements, including specifying font type, font size, margin widths, spacing of contests, voting square size, and write-in spacing, among other formats and conditions. In an effort to update the law, AB 623 (Berman), Chapter 863, Statutes of 2019, provided elections administrators with greater flexibility when designing ballot layouts that are user friendly and compatible with new voting systems. Specifically, AB 623 removed outdated Elections Code sections related to ballot layouts, font sizes, and font types.

Notwithstanding the changes made by AB 623, some ballot instructions found in the Elections Code do not accurately describe the process for marking a ballot. For instance, current law requires specified ballot instructions to be printed on presidential election ballots that instruct a voter how to vote for President, and how to vote for electors of President and Vice President. The method in which Californians choose Presidential electors has changed and the instructions required to be on the ballot are no longer applicable. Accordingly, this bill deletes these obsolete ballot instructions.

1. Arguments in Support: In support of a prior version of this bill, the League of Women Voters of California (League) writes:

The League supports improvements to the initiative and referendum process, and systems of government which achieve cost savings, and that improve the quality of service. Further, we believe that government bodies protect the citizen’s right to know by giving adequate notice of proposed action, and that democratic government depends on informed and active participation in government.

The changes proposed in SB 386 help ensure that: county elections offices have the time to verify signatures without using excessive overtime hours; potential candidates are clearly informed of filing deadlines for office; and that voters are not confused by antiquated instructions on their ballots.

1. Amendments Sought: With an oppose unless amended position, the Howard Jarvis Taxpayers Association writes, “SB 386 should be amended to provide that initiative measures filed before the law goes into effect are subject to the signature verification period under current law. It would be undemocratic to change the rules in the middle of the process.”
2. Related Legislation: AB 1219 (Berman), which is pending in the Senate Appropriations Committee, revises ballot design requirements, as recommended by the SOS’s Ballot Design Advisory Committee (BDAC). AB 1219 was approved by this committee on an 8-0 vote, and on the Assembly Floor by a 75-0 vote.

REGISTERED SUPPORT / OPPOSITION:

Support

California Association of Clerks and Election Officials (Sponsor)

City Clerks Association of California (prior version)

County of Los Angeles Board of Supervisors (prior version)

League of Women Voters of California (prior version)

Opposition

Howard Jarvis Taxpayers Association (unless amended)

Analysis Prepared by: Nichole Becker / ELECTIONS / (916) 319-2094

 THIRD READING  

Bill No: SB 386

Author: Newman (D)

Amended: 3/13/23

Vote: 21

SENATE ELECTIONS & C.A. COMMITTEE: 6-1, 4/18/23

AYES: Glazer, Allen, McGuire, Menjivar, Newman, Umberg

NOES: Nguyen

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Elections

SOURCE: Author

DIGEST:

This bill extends signature verification periods within which the election officials must complete their determination of the number of qualified signatures on various state and local petitions. This bill also requires city election officials to publish a public notice with specified city election information no later than three days before the deadline for nomination papers. Finally, this bill repeals obsolete ballot language as it relates to presidential elections.

ANALYSIS:

Existing law:

1. Establishes procedures for the filing of a state initiative or referendum petition with county election officials and the Secretary of State (SOS) to determine the validity and numerical sufficiency of the signatures submitted with the petition. Provides, if the number of signatures filed with all county election officials is 100% or more of the number of signatures required, the SOS is required to immediately notify county election officials. Requires, within 30 days after this notice, excluding weekends and holidays, county election officials to verify that those signatures were provided by qualified voters, as specified.
2. Permits an election 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 election official uses this method, and if a specified percentage of valid signatures is demonstrated, the election 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.
3. Requires a person, in order to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city election official and submit the nomination papers with a requisite number of signatures no later than the 88th day before the election. Requires ballots to contain specified instructions for voters in presidential elections.

This bill:

1. Extends the signature verification period for state petitions from 30 to 60 days.
2. Extends the verification period for election officials using a random sampling method to determine the number of qualified voters who signed county, city, and special district initiative and referendum petitions from 60 to 90 days and for recall petitions from 30 to 60 days.
3. Requires city election officials to publish a public notice of specified election information no later than three days before the deadline for nomination papers, such as a list of open offices, whether nomination papers were served to the incumbent, if there is no eligible incumbent due to redistricting, and where nomination papers may be obtained and filed once completed.
4. Mandates notifications about electoral guidelines be afforded to candidates seeking to run for office, as specified.
5. Repeals obsolete ballot language as it relates to presidential electors.

Background

Signature Verification Timelines. In order to file a petition to place a measure on the ballot, members of the public must collect signatures that are later verified by county elections offices. During election season, employees in county elections offices are responsible for counting and tabulating ballots at the same time that they are required to continue petition signature verification. This overlap has resulted in the need to hire supplemental staff and has the potential to delay the vote count. SB 386 extends the deadlines on signature verification for enabling election officials to manage resources more efficiently and reduce taxpayer costs.

City Election Information. When a candidate runs for office in California they are required to reside within the boundaries of the district that they are seeking to represent. Problems can surface when post census electoral maps are updated to reflect changes in population distribution, and a sitting officeholder loses his or her right to seek re-election because their residence is excluded from the newly drawn version of the jurisdiction. Existing law also provides when an incumbent decides not to run for re-election the deadline for eligible candidates to submit nomination papers is extended by five days. The extension may not be granted if “there is no incumbent eligible to be elected.” Existing law has been interpreted as applying to the situation when the incumbent has been “redistricted out.” SB 386 intends to reduce confusion by requiring specified notifications about electoral guidelines on municipal websites at least three days prior to the filing deadline.

Modernizing the Elections Code. By law, every ballot in California printed in presidential election years is required to have instructions informing voters of the process by which presidential electors are chosen. These instructions regarding the election of political party delegates and presidential electors no longer apply to California elections. Continuing to provide these instructions lengthens the ballot, increases printing costs, and potentially places election officials and offices at risk of being respondents to lawsuits for noncompliance with the section. SB 386 removes this section of law.

Comments

According to the author, SB 386 seeks to make three minor changes to California’s Elections Code in the service of further ensuring transparency in the electoral process while more effectively stewarding the taxpayer dollars need for the conduct of elections.

Potential Concern. Extending the signature verification time period could result in measures being ineligible for the next election if proponents wait until the last day for submittal. Enactment of this bill would result in the need for proponents to make earlier submittals of proposed measures to the Attorney General requesting a circulating title and summary and earlier filings of the petition with county elections officials.

Related/Prior Legislation

AB 518 (Wilk of 2023) requires election officials to submit certified statements of the results of an election on the 30th calendar day following the election.

AB 698 (Obernolte, Chapter 14, Statutes of 2019) codified an election officials’ best practice to prohibit the invalidation of a signature on a state, county, municipal, or district initiative or referendum petition or a charter amendment petition 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.

AB 1020 (Ridley-Thomas, Chapter 728, Statutes of 2015) updated statutes and deleted numerous obsolete provisions within the Elections Code in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 5/2/23)

California Association of Clerks and Election Officials

City Clerks Association of California

League of Women Voters of California

OPPOSITION: (Verified 5/2/23)

None Received

Prepared by: Karen French / E. & C.A. / (916) 651-4106

5/3/23 15:16:07

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Steven Glazer, Chair

2023 - 2024 Regular

Bill No: SB Hearing Date: 4/18/23

Subject: Elections

DIGEST

This bill extends signature verification periods within which the election officials must complete their determination of the number of qualified signatures on various state and local petitions. This bill also requires city election officials to publish a public notice with specified city election information no later than three days before the deadline for nomination papers. Finally, this bill repeals obsolete ballot language as it relates to presidential elections.

ANALYSIS

Existing law:

1. Establishes procedures for the filing of a state initiative or referendum petition with county election officials and the Secretary of State (SOS) to determine the validity and numerical sufficiency of the signatures submitted with the petition. Provides, if the number of signatures filed with all county election officials is 100% or more of the number of signatures required, the SOS is required to immediately notify county election officials. Requires, within 30 days after this notice, excluding weekends and holidays, county election officials to verify that those signatures were provided by qualified voters, as specified.
2. Permits an election 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 election official uses this method, and if a specified percentage of valid signatures is demonstrated, the election 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.
3. Requires a person, in order to be included on the ballot as a candidate for municipal office, to obtain nomination papers from a city election official and submit the nomination papers with a requisite number of signatures no later than the 88th day before the election. Requires ballots to contain specified instructions for voters in presidential elections.

This bill:

1. Extends the signature verification period for state petitions from 30 to 60 days.
2. Extends the verification period for election officials using a random sampling method to determine the number of qualified voters who signed county, city, and special district initiative and referendum petitions from 60 to 90 days and for recall petitions from 30 to 60 days.
3. Requires city election officials to publish specified election information online no later than three days before the deadline for nomination papers, such as a list of open offices, where nomination papers may be obtained, and if there’s no incumbent for an open office.
4. Mandates notifications about electoral guidelines be afforded to candidates seeking to run for office, as specified.
5. Repeals obsolete ballot language as it relates to presidential elections.

BACKGROUND

Modernizing the Elections Code. By law, every ballot in California printed in presidential election years is required to have instructions informing voters of the process by which presidential electors are chosen. These instructions regarding the election of political party delegates and Presidential electors no longer apply to California elections. Continuing to provide these instructions lengthens the ballot, increases printing costs, and potentially places election officials and offices at risk of being respondents to lawsuits for noncompliance with the section. SB 386 removes this section of law.

Signature Verification Timelines. In order to file a petition to place a measure on the ballot, members of the public must collect signatures that are later verified by county elections offices. During election season, employees in county elections offices are responsible for counting and tabulating ballots at the same time that they are required to continue petition signature verification. This overlap has resulted in the need to hire supplemental staff and has the potential to delay the vote count. SB 386 extends the deadlines on signature verification for enabling election officials to manage resources more efficiently and reduce taxpayer costs.

City Election Information. When a candidate runs for office in California they are required to reside within the boundaries of the district that they are seeking to represent. Problems can surface when post census electoral maps are updated to reflect changes in population distribution, and a sitting officeholder loses his or her right to seek re-election because their residence is excluded from the newly drawn version of the jurisdiction. The Elections Code also provides when an incumbent decides not to run for re-election the deadline for eligible candidates to submit nomination papers is extended by five days. The extension may not be granted if “there is no incumbent eligible to be elected.” This language has been interpreted as applying to the situation when the incumbent has been “redistricted out.” SB 386 intends to reduce confusion by requiring specified notifications about electoral guidelines on municipal websites at least three days prior to the filing deadline.

COMMENTS

1. According to the author: SB 386 seeks to make three minor changes to California’s Elections Code in the service of further ensuring transparency in the electoral process while more effectively stewarding the taxpayer dollars need for the conduct of elections.
2. Argument in Support. In a letter sponsoring SB 386, the California Association of Clerks and Election officials states, in part, the following:

The California Association of Clerks and Election Officials Elections Legislative Committee is pleased to sponsor and support Senate Bill 386, a proposal to improve several elements of election administration, including petition examination, ballot instructions, and candidate nomination for city offices.

This proposal would provide county elections officials with 30 additional business days to verify the voter signatures when a full check of the petition is required.

SB 386 would require the city elections official to publish a public notice no later than 91 days before the election that announces whether an eligible incumbent has pulled nomination papers for the municipal office. This proposal would repeal antiquated instructions regarding the election of political party delegates and Presidential electors that no longer apply to California elections.

1. Committee Comment. Extending the signature verification time period could result in measures being ineligible for the next election if proponents wait until the last day for submittal. Enactment of this bill would result in the need for proponents to make earlier submittals of proposed measures to the Attorney General requesting a circulating title and summary and earlier filings of the petition with county elections officials.

RELATED/PRIOR LEGISLATION

AB 518 (Wilk) of 2023, requires election officials to submit certified statements of the results of an election on the 30th calendar day following the election. This bill is set for hearing by this committee on April 18, 2023.

AB 698 (Obernolte), Chapter 14, Statutes of 2019, codified an election officials’ best practice to prohibit the invalidation of a signature on a state, county, municipal, or district initiative or referendum petition or a charter amendment petition 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.

AB 1020 (Ridley-Thomas), Chapter 728, Statutes of 2015, updated statutes and deleted numerous obsolete provisions within the Elections Code in anticipation of the deployment of the federally mandated VoteCal statewide voter registration database.

POSITIONS

Sponsor: California Association of Clerks and Election Officials

Support: City Clerks Association of California

League of Women Voters of California

Oppose: None Received

-- END --