Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) A petition signature shall be included in
a raw count and the signature shall be subject to signature verification if the
declaration of circulator complies with the applicable Elections Code sections
for the type of petition being examined.
(b) Notwithstanding subdivision (a), a
petition signature shall be included in a raw count and the signature shall be
subject to signature verification if:
(1) The
circulator failed to sign their entire name, including their middle
name.
(2) The dates of circulation
in the declaration of circulator are in handwriting different from the
circulator's handwriting, and the difference is subtle or not readily
apparent.
(3) The year of
circulation provided in the circulator's declaration is preprinted or stamped,
but the month and day are hand-written.
(4) The declaration of circulator has no date
of execution and no dates of circulation, but the circulator has signed the
petition and provided a date of signing.
(5) The declaration of circulator contains a
space for the beginning date of circulation and a separate space for the ending
date of circulation, and only one of the spaces is complete.
(6) The declaration of circulator contains
either a date of circulation or a date of execution, but not both.
(7) The dates on the declaration of
circulator are after the date the petition section was filed.
(8) The petition section contains dates
supplied voluntarily by the signer(s), and conflict with the dates contained in
the declaration of circulator.
(9)
The circulator is not registered to vote or is not registered in the
jurisdiction in which the petition is circulated.
(10) The circulator is not a resident of the
state or political jurisdiction in which the petition is circulated.
(11) The declaration of circulator does not
contain an address, or only a P.O. Box address is provided.
(12) The circulator failed to sign the
declaration of circulator, but is also a signer on the same petition section
and provides their residence address and signature.
(c) Notwithstanding subdivisions (a) and (b),
a petition signature shall be included in a raw count, but the signature shall
not be subject to signature verification if:
(1) Signatures appear in the signer's spaces,
but the declaration of circulator is left blank or is unsigned.
(2) It is readily apparent that the dates of
circulation in the declaration of circulator are in handwriting different from
the circulator's handwriting.
(3)
The day of the month and/or the month provided in the circulator's declaration
is preprinted or stamped.
(4) The
declaration of circulator has no date of execution and no dates of
circulation.
(5) The month, day, or
year of circulation in the declaration of circulator precede the first date of
circulation.
(6) Information that
must be in the circulator's own handwriting in the declaration of circulator is
photocopied.
(7) The circulator did
not sign the declaration of circulator and is not a signer of that petition
section.
(d) If the
petition section contains generalized dates of circulation, the following shall
apply:
(1) A petition signature shall be
included in a raw count and the signature shall be subject to signature
verification if the circulator's declaration contains only a month and year,
and:
(A) the voter's registration was on or
before the last day of circulation. Example: Circulation date April 2020 and
the petition is filed May 28, 2020; the last date of circulation is deemed to
be April 30, 2020.
(B) the voter's
registration was on or before the petition file date. Example: Circulation date
-April 2020 and the petition is filed April 15, 2020; the last date of
circulation is deemed to be April 15, 2020.
(2) A petition signature shall be included in
a raw count, but the signature shall not be subject to signature verification
if the circulator's declaration contains only a month and year, and the voter's
registration was after the last day of circulation. Example: Circulation date
is April 2020 and the petition is filed April 15, 2020; the last date of
circulation is deemed to be April 15, 2020 and the voter registration date is
April 18, 2020.
(e) The
elections official shall verify that one of the following conditions is met:
(1) The petition includes the disclosure
statement described by subdivision (b) of Elections Code section
107,
or
(2) A declaration by the
circulator is present stating that the circulator showed each signer a valid
and unfalsified "Official Top Funders" sheet, as required by Elections Code
section
107.
1. New article 5 (section 20950) and section filed 3-15-2022; operative 3-15-2022 (Register 2022, No. 11).
Note: Authority cited: Section 12172.5, Government Code. Reference: Sections 102, 104, 107, 2102, 8066, 8451, 9021, 9022, 9109, 9022, 11045 and 11046, Elections Code; and Section 12172.5, Government Code.
