BILL NUMBER: AB 882	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 22, 2013

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 882, as introduced, Gordon. Recall elections: state officers:
signature verification.
   (1) 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) 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 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  less 
 greater  . The random sample of signatures to be verified
shall be drawn in  such  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.  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.