BILL NUMBER: AB 882	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 16, 2014

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 22, 2013

   An act to amend  Section   Sections 2153 and
 11105 of the Elections Code, relating to  recall
 elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 882, as amended, Gordon.  Recall elections: state
officers: signature verification.   Voter registration
and recall elections.  
   (1) Under existing law, if a county elections official receives an
affidavit of voter registration that does not include all required
information, and the elections official is not able to collect the
missing information by telephone, but the mailing address of the
affiant is legible, the elections official is required to inform the
affiant of the reason for rejection of the affidavit and send to the
affiant a new voter registration card.  
   This bill would allow the elections official under these
circumstances to send to the affiant any other document, as
determined by the elections official, on which the affiant may
provide the missing information.  
   (1) 
    (2)  Existing provisions of the California Constitution
and statute authorize the recall of state officers. Each section of a
recall petition is required to be filed with the elections official
of the county in which it was circulated. Existing law requires the
elections official to report to the Secretary of State, 30 days after
a recall has been initiated and every 30 days thereafter, the number
of signatures submitted on the recall petition sections, the number
of valid signatures, and related information. Upon the submission of
a section of a recall petition, if fewer than 500 signatures are
submitted to the elections official, the elections official is
required to count the number of signatures and submit those results
to the Secretary of State. If 500 or more signatures are submitted to
the elections official, the elections official may verify, using a
random sampling technique, either 3% of the signatures submitted or
500 signatures, whichever is less, and report the results of that
verification to the Secretary of State.
   This bill would instead provide that if 500 or more signatures are
submitted to the elections official, the elections official may
verify, using a random sampling technique, either 3% of the
signatures submitted or 500 signatures, whichever is greater. By
increasing the duties of local election officials, the bill would
impose a state-mandated local program. 
   (2) 
    (3)  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 these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 2153 of the  
Elections Code   is amended to read: 
   2153.  (a) Except as provided in Section 2154, the affidavit of
registration shall show all the facts required to be stated.
   (b) If the affidavit does not contain all of the information
required, but the telephone number of the affiant is legible, the
county elections official shall telephone the affiant and attempt to
collect the missing information.
   (c) If the affidavit does not contain all of the information
required, and the county elections official is not able to collect
the missing information by telephone, but the mailing address of the
affiant is legible, the county elections official shall inform the
affiant of the reason for rejection and shall send to the affiant a
new voter registration card  or any other d   ocument,
as determined by the elections official, on which the affiant may
provide the missing information .
   SECTION 1.   SEC. 2.   Section 11105 of
the Elections Code is amended to read:
   11105.  Upon each submission, if fewer than 500 signatures are
submitted to the elections official, he or she shall count the number
of signatures and submit those results to the Secretary of State. If
500 or more signatures are submitted, the elections official may
verify, using a random sampling technique, either 3 percent of the
signatures submitted, or 500, whichever is greater. The random sample
of signatures to be verified shall be drawn in a manner that every
signature filed with the elections official shall be given an equal
opportunity to be included in the sample. Upon completion of the
signature verification, the elections official shall report the
results to the Secretary of State pursuant to Section 11104.
   SEC. 2.   SEC. 3.   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.