Good luck next time with a better bill! i hope sometime in my life. but im beginning to think it will never be legal. And so the the work continues to legalize marijuana!
Initiative Guide How to create a initiative for state voters
This summary of the statewide initiative process is designed to provide an understanding of the procedures and requirements for preparing and qualifying initiatives. This publication is for general information only and does not have the force and effect of law, regulation, or rule. In case of conflict, the law, regulation, or rule will apply. Interested persons should obtain the most up-to-date information available because of possible changes in law or procedure since the publication of this summary.
This guide is intended for statewide initiatives only. For information regarding the qualification of local initiatives, please contact your county elections official. All code sections in this booklet refer to the Elections Code unless otherwise specified.
Introduction
In a special election held on October 10, 1911, California became the 10th state to adopt the initiative process. That year, Governor Hiram Johnson began his term by promising to give citizens a tool they could use to adopt laws and constitutional amendments without the support of the Governor or the Legislature. The new Legislature put a package of constitutional amendments on the ballot that placed more control of California politics directly into the hands of the people. This package included the ability to recall elected officials, the right to repeal laws by referendum, and the ability to enact state laws by initiative. The initiative is the power of the people of California to propose statutes and amendments to the California Constitution (Cal. Const., art. II, Section 8(a)). Generally, any matter that is a proper subject of legislation can become an initiative measure; however, no initiative measure addressing more than one subject area may be submitted to the voters or have any effect (Cal. Const., art. II, Section 8(d) and 12). An initiative measure is placed on the ballot after its proponents successfully satisfy the requirements described in this handbook. For historical information regarding initiative measures, please refer to The History of California Initiatives, which is produced by the Secretary of State. For current information about initiative measures that are in circulation or have qualified for the ballot, please refer to our website at: www.sos.ca.gov or contact the Elections Division at (916) 657-2166.
The Initiative Process
Step One - Writing the Text of the Law
The first step in the process of qualifying an initiative measure is to write the text of the proposed law. The initiative measure�s proponent(s) may obtain assistance from the Legislative Counsel in drafting the language of the initiative measure. Proponent(s) must present the idea for the law to the Legislative Counsel, and 25 or more electors must sign the request for a draft of the proposed law. If it is determined that there is a reasonable probability the initiative measure will eventually be submitted to the voters, the Legislative Counsel will draft the proposed law (Government Code Section 10243). Proponent(s) may also seek the assistance of their own private counsel to help draft the text of the proposed law, or they may choose to write the text themselves.
For more information contact:
Office of the Legislative Counsel
State Capitol, Room 3021
Sacramento, CA 95814
(916) 341-8000 / www.legislativecounsel.ca.gov
Step Two - Request for Title and Summary
Once the text of the initiative measure has been written, the proponent(s) must submit a draft of the proposed initiative measure to the Attorney General with a written request that a title and summary of the chief purpose and points of the proposed initiative measure be prepared (Section 9002). At the time of submitting the draft to the Attorney General, the proponent(s) must pay a fee of $200. The $200 is placed in a trust fund in the Office of the State Treasurer and is refunded if the initiative measure qualifies for the ballot within two years after the summary has been issued to the proponent(s). If the initiative measure fails to qualify within that period, the money is put into the General Fund of the state. (Section 9004)
For more information contact:
Office of the Attorney General
ATTN: Initiative Coordinator
1300 I Street
Sacramento, CA 95814
(916) 445-4752 / www.ag.ca.gov
At the time the request for title and summary is submitted, the proponent(s) must also execute and submit a signed statement that reads as follows (Section 9608):
I,__________ , acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. This statement shall be kept on file at the Attorney General's Office for not less than eight months after the certification of the results of the election for which the petition qualified or, if the measure did not qualify, eight months after the deadline for submission of the petition to elections officials.
Role of the Attorney General
Upon receipt of the fee and request, the Attorney General prepares a title and summary which will be the official summary of the initiative measure. The Attorney General shall provide a copy of the title and summary to the Secretary of State within 15 days after receipt of the final version of a proposed initiative measure. If during the 15-day period the proponent(s) of the proposed initiative measure submits amendments, other than technical, non-substantive amendments, to the initiative measure, the Attorney General shall provide a copy of the title and summary to the Secretary of State within 15 days after receipt of such amendments. (Section 9004) If a fiscal analysis is required, additional time is allotted.
Fiscal Estimate
If the Attorney General determines that the initiative measure requires a fiscal analysis, the Department of Finance and the Joint Legislative Budget Committee are required to prepare an analysis within 25 working days from the date they receive the final version of the proposed initiative measure. The fiscal analysis includes either the estimate of the amount of any increase or decrease in revenues or costs to state or local governments, or any opinion as to whether or not a substantial net change in state or local finances would result, if the proposed initiative measure is adopted. If, in the opinion of the Department of Finance and the Joint Legislative Budget Committee, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 25-working day period, the Department of Finance and the Joint Legislative Budget Committee shall, within the 25-working day period, give the Attorney General their opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative measure is adopted (Section 9005). The Attorney General is allowed 15 days after receipt of this fiscal analysis to complete the title and summary (Section 9004).
When the official title and summary is complete, the Attorney General sends it to the proponent(s), the Senate and the Assembly, and the Secretary of State.The Legislature may conduct public hearings on the proposed initiative measure but cannot amend it. (Sections 336, 9007)
Official Summary Date
The official summary date is the date the title and summary is sent to the proponent(s) by the Attorney General and the date the Secretary of State uses to calculate calendar deadlines provided to the proponent(s) and elections officials. No petition may be circulated prior to the official summary date. (Section 336)
Step Three - Circulation
Calendar
Based on the official summary date, the Secretary of State prepares a calendar of filing deadlines. The Secretary of State will send a copy of the calendar to the proponent(s) the same day it receives the official title and summary from the Attorney General�s Office (Section 336).
Circulation Deadlines
Proponents are allowed a maximum of 150 days to circulate petitions and collect signatures (Section 336). However, the initiative measure must qualify at least 131 days before the next statewide election at which it is to be submitted to the voters (Section 9013; Cal. Const., art. II, Section 8(c)). As a result, proponent(s) may want to shorten the circulation period in order to ensure that the proposed initiative measure qualifies at least 131 days before the next statewide election.
Required Number of Signatures
In order to qualify for the ballot, the initiative measure must be signed by a specified number of registered voters depending on the type of initiative measure submitted.
Initiative Statute: Petitions proposing initiative statutes must be signed by registered voters. The number of signatures must be equal to at least 5% of the total votes cast for Governor at the last gubernatorial election. (Cal. Const., art. II, Section 8(b); Section 9035) The total number of signatures required for initiative statutes is 433,971.
Initiative Constitutional Amendment: Petitions proposing initiative constitutional amendments must be signed by registered voters. The number of signatures must be equal to at least 8% of the total votes cast for Governor at the last gubernatorial election. (Cal. Const., art. II, Section 8(b); Section 9035) The total number of signatures required for such petitions is 694,354.
Referenda
Pursuant to article II, section 9, of the California Constitution, a referendum is the power of the electors to approve or reject any statute enacted by the Legislature. A referendum cannot be used on urgency statutes, statutes calling elections, or statutes providing for tax levies or appropriations for current expenses of the state.
Referenda on the ballot are fairly rare in comparison to initiative measures. The circulation calendar, verification, timing, and form of the petition have different requirements than initiatives. For example, the California Constitution requires that the process must be completed within 90 days of the enactment of the bill that is being referred. The signature requirements are the same for a referendum as an initiative statute.
Petitions
The format for the initiative petition is specified by law. County elections officials will not accept or file petitions which do not comply with the Elections Code (Section 9012). A petition may have several sections. Each section of the petition must contain the Attorney General�s title and summary and the full text of the initiative measure. The Attorney General�s title and summary shall be in at least 12-point Roman boldface type and the full text of the initiative measure shall be in at least 8-point type. Each page on which signatures are to appear must contain a copy of the Attorney General�s summary. (Sections 9014, 9008)
Heading
The heading of each section of a proposed initiative petition shall be in substantially the following form:
Initiative Measure to Be Submitted
Directly to the Voters
[This heading must be printed in 12-point or larger
Roman boldface type.]
(Sections 9001, 9008)
Title and Summary
Immediately after the heading, insert the following statement:
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:
[Next set forth the title and summary prepared by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear in Roman boldface type not smaller than 12-point.] (Sections 9001, 9008)
Text of the Initiative Measure
The text of the proposed initiative measure should be inserted immediately following the title and summary prepared by the Attorney General preceded by the following statement:
To the Honorable Secretary of State of California
We, the undersigned, registered, qualified voters of California, residents of ____________ County (or City and County), hereby propose amendments to [(the Constitution of California) (the ____________ Code, relating to _______________________)] and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed constitutional (or statutory) amendments read as follows:
[Insert full title and text of the measure.]
(Section 9001)
Signature Section
Immediately above the portion of the petition where voters are to sign, a notice in 12-point type must appear containing the following statement (Section 101):
NOTICE TO THE PUBLIC
THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER.
YOU HAVE THE RIGHT TO ASK.
The petition must have room for the signature of each petition signer as well as his or her printed name, residence address, and city or unincorporated community name. Signature spaces must be consecutively numbered commencing with the number 1 for each petition section. A minimum one-inch space shall be left at the top of each page and after each name for use by the county elections official (Sections 100, 9009). Pursuant to the California Supreme Court's decision in Assembly v. Deukmejian (1982) 30 Cal.3d 638, 180 Cal.Rptr. 297, the petition form must direct signers to include their "residence address" rather than "address as registered" or other address. Each section of the petition must also contain the name of the county (or city and county) in which it was circulated. Each section shall be circulated among voters of only one county. See Attachment 1 for a sample petition.
Step Four - Circulating and Signing
Declaration of Circulator
Each section shall have attached thereto a declaration signed and dated by the circulator of the petition setting forth, in the circulator's own hand, the following (Sections 104, 9022):
The printed name of the circulator.
The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.
A statement that the circulator is a voter or is qualified to register to vote in the State of California.
The dates between which all the signatures affixed to the petition were obtained.
Each declaration submitted pursuant to this section shall also set forth the following (Sections 104, 9022):
That the circulator circulated the petition section and witnessed the appended signatures being written.
That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.
That the declaration is true and correct under penalty of perjury under the laws of the State of California.
Petition Circulators
The proponent(s) of an initiative measure are required to ensure that any person, company, or other organization who solicits signatures to qualify the proposed initiative measure, whether they are paid or volunteer, receives instruction on the requirements and prohibitions imposed by state law with respect to the circulation of petitions and the gathering of signatures. Such instructions must emphasize the prohibition of the use of signatures on an initiative petition for a purpose other than qualification of the proposed measure for the ballot. (Section 9607) The petition may be circulated by a number of individuals carrying separate, identical parts of the petition called sections. Each petition circulator who obtains signatures must complete the attached declaration to the petition. Preprinted dates or generalized dates, other than the particular range of dates during which the petition section was actually circulated, are not allowed (Assembly v. Deukmejian (1982) 30 Cal.3d 638, 180 Cal.Rptr. 297). The declaration must be signed under penalty of perjury. It need not be sworn before a notary public or other officer authorized to administer oaths, but must include the circulator's signature, date, and place of signing (Code Civ. Proc. Section 2015.5). Prior to allowing a person to circulate an initiative petition for signatures, the person, company official, or other organizational officer who is in charge of signature gathering shall execute and submit to the proponent(s) a signed statement that reads as follows (Section 9609):
I,__________, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot.
___________________________
(Signature of Circulator)
Dated this ____ day of __________, 20___
This statement shall be kept on file by the proponent(s) for not less than eight months after the certification of the results of the election for which the petition qualified or, if the measure did not qualify, eight months after the deadline for submission of the petition to elections officials. In addition, all paid circulators shall execute and submit to the person, company official, or other organizational officer who is in charge of signature gathering a signed statement, prior to soliciting signatures on an initiative petition, that reads as follows (Section 9610):
I,____________, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot.
___________________________
(Signature of Circulator)
Dated this ____ day of __________, 20___
This statement shall be kept on file by the person, company official, or other organizational officer who is in charge of signature gathering for not less than eight months after the certification of the results of the election for which the petition qualified or, if the measure did not qualify, eight months after the deadline for submission of the petition to elections officials. This section does not apply to unpaid circulators.
Petition Signatures
Only persons who are registered, qualified voters at the time of signing are entitled to sign the petition. A person can only sign a petition that is being circulated in his or her county of registration. If a petition circulator is a registered voter, he or she may sign the petition he or she is circulating (Sections 102, 105, 9021). Each signer must personally place on the petition his or her signature, printed name, residence address (or physical description of the location if there is no street address), and the name of the incorporated city or unincorporated community (Section 100). None of the above may be preprinted on the petition. Each signer may sign an initiative petition only once (Section 18612).
Withdrawal of Signatures
Any voter who has signed an initiative petition may withdraw his or her name by filing a written request for the withdrawal with the appropriate county elections official prior to the date the petition is filed by the proponent(s) (Sections 103, 9602).
Criminal Penalties
The Elections Code imposes certain criminal penalties for abuses related to the circulation of initiative petitions. It prohibits circulators from misrepresenting the purpose or contents of the petition to potential petition signers, intentionally making a false statement in response to a voter's inquiry as to whether the circulator is a paid signature gatherer or a volunteer (Section 18600), and from refusing to allow prospective signers to read the initiative measure or petition or Attorney General's summary (Sections 18601, 18602). No person may offer or give payment or anything of value to another in exchange for signing an initiative petition (Section 18603). The code also makes circulators, signers, and others criminally liable for signing or soliciting to sign false, forged, fictitious, or ineligible signatures and names (Sections 18610-18614). The law provides criminal penalties for persons, including public officials, who make false affidavits (for example, the circulator's declaration is an affidavit), returns, or certifications concerning any initiative measure (Sections 18660, 18661).
Circulating petitions within 100 feet of a polling place or an elections official's office on election day is prohibited (Section 18370(a)). The law prohibits any person from soliciting or obtaining money or anything of value to aid in unlawfully stopping circulation or the filing of an initiative measure (Sections 18620-18622). It also prohibits any person from stealing petitions and from threatening petition circulators or circulators' relatives with the intent to dissuade them from circulating the petition (Sections 18630, 18631). Any person who is paid by the proponent(s) to obtain signatures on any initiative petition is subject to severe penalties for refusing to surrender the petition to the proponent(s) for filing (Section 18640).
It should be noted that the petition or list of signatures may be used for no purpose other than the qualification of the initiative measure. This requirement prohibits using the names and addresses on petition sections for a mailing list for fundraising or other purposes (Section 18650).
Step Five - Filing
Once the requisite number of signatures has been collected, they must be filed with the appropriate county elections official(s). Petitions may be submitted in sections; however, all the sections submitted in a single county must be filed at the same time. Once filed, petitions may not be amended except by order of a court of competent jurisdiction. (Section 9030) To prevent unauthorized petitions from circulating, and unauthorized persons from filing petitions, only the proponent(s) of an initiative measure, and persons authorized in writing by one or more of the proponents, may file initiative petitions. Any other petitions submitted will be disregarded by the county elections official of the county (or city and county) in which it was circulated. (Sections 9032, 18671)
Verification
Raw Count
Within eight working days (excluding weekends and holidays) after filing the petition, the county elections officials determine the total number of signatures on the petition sections submitted in their county and report the total to the Secretary of State. If the Secretary of State determines that the raw count of signatures on petitions submitted throughout the state lack 100 percent of the signatures required, the Secretary of State shall immediately notify the county elections officials of the failure of the initiative measure and no further action is taken on that measure. (Section 9030)
Random Sample
If the raw count equals 100 percent or more of the total number of signatures needed to qualify the initiative measure, the Secretary of State notifies the county elections officials that a random sample will be necessary. Within 30 working days of receipt of this notification, the county elections officials verify the validity of the signatures filed with their office using a random sampling technique of verification. The elections official is required to verify 500 signatures or three percent of the number of signatures filed in their county, whichever is greater. Counties receiving less than 500 petition signatures are required to verify all the signatures filed in their office. (Section 9030)
95 Percent 110 Percent
Upon completion of this random sample, the county elections officials immediately certify to the Secretary of State the number of valid signatures appearing on the petitions in their counties. The Secretary of State then applies a formula to determine the statewide total of valid signatures (Cal. Admin. Code Sections 20530-20532, 20540).
If the total number of valid signatures is less than 95 percent of the number of signatures required to qualify the initiative measure, the initiative measure will fail to qualify for the ballot. The Secretary of State will generate a failure notice and mail a copy to the proponent(s) and county elections officials. (Section 9030(f))
If the number of valid signatures is greater than 110 percent of the required number of signatures, the initiative measure is considered qualified without further verification (Sections 9030(g), 9033). The Secretary of State will mail a certification letter to the proponent(s), county elections officials, the Chief Clerk of the Assembly, and the Secretary of the Senate stating the initiative measure has qualified for the next statewide election (Section 9034).
Full Check
If the result of the random sample indicates that the number of valid signatures represents between 95 percent and 110 percent of the required number of signatures to qualify the initiative measure for the ballot, the Secretary of State directs the county elections officials to verify every signature on the petition. This process is referred to as a full check. Within 30 working days of receipt of this notification, the county elections officials determine the total number of qualified signatures and transmit this information to the Secretary of State (Section 9031).
Qualification and Approval
The petition is deemed filed and the initiative measure qualified on the date the Secretary of State receives certificates from the county elections officials showing the petition has been signed by the requisite number of voters. The Secretary of State transmits a certificate to the proponent(s) and each county elections official if the initiative measure qualifies. (Section 9033) If the initiative measure fails to qualify, the Secretary of State must so notify the proponent(s) and county elections officials.
Upon certification of the initiative measure for the ballot, the Secretary of State will then transmit copies of the measure and the ballot title prepared by the Attorney General to the State Senate and Assembly. Each house assigns the initiative measure to its appropriate committee(s) which shall then hold joint public hearings on the subject of the initiative measure, provided that no such hearing may be held within 30 days prior to the date of the election. The Legislature has no authority to alter the initiative measure or prevent it from appearing on the ballot. (Section 9034)
Public Inspection and Preservation
Resources
Secretary of State
Elections Division
1500 11th Street, Fifth Floor
Sacramento, CA 95814
(916) 657-2166 / www.sos.ca.gov
Attorney General
Initiative Coordinator
1300 I Street
Sacramento, CA 95814
(916) 445-4752 / www.ag.ca.gov
Legislative Counsel
State Capitol, Room 3021
Sacramento, CA 95814
(916) 341-8000 / www.legislativecounsel.ca.gov
Legislative Analyst
925 L Street, Suite 1000
Sacramento, CA 95814
(916) 445-4656 / www.lao.ca.gov
Initiative Measure Effective Date
An initiative measure approved by a majority vote takes effect the day after the election, unless the initiative measure provides otherwise (Cal. Const., art. II, Section 10(a)). If the provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail (Cal. Const., art. II, Section 10(b)). The Legislature may amend or repeal an initiative statute; however, any proposed legislative action becomes effective only when approved by the voters, unless the initiative statute permits amendment or repeal without voter approval (Cal. Const., art. II, Section 10(c)).
Preservation
The county elections officials must preserve initiative petitions until eight months after the certification of the results of the election for which the initiative measure qualified or attempted to qualify for placement on the ballot. The petitions may then be destroyed unless legal action or a government investigation regarding the petitions is pending (Section 17200). As a general rule, initiative petitions, once filed with the county elections officials, are not public records and are not open to the general public for inspection (Government Code Section 6253.5).
Political Reform Act
Recipient Committees
Any person or combination of persons is considered to be a recipient committee if contributions totaling $1,000 or more have been received in a calendar year for the purpose of influencing California's city, county, and/or state elections (Government Code § 82013 (a)). A recipient committee must file the original Statement of Organization (Form 410) with the Secretary of State's Political Reform Division within ten days of reaching the $1,000 threshold (Government Code § 84101(a)). In addition, recipient committees must also file a copy of the Statement of Organization with the local filing officer, if any, with whom it is required to file the originals of its campaign reports.
Use of Measure Committee Funds
Persons or committees receiving money for promoting or defeating an initiative, referendum, or recall petition, or any measure that has qualified for the ballot, must hold the money in trust and may only spend the money for the purpose for which it was entrusted to them (§ 18680).
Campaign Disclosure Form 460
The Recipient Committee Campaign Disclosure Statement (Form 460) is the proper disclosure form for use by all ballot measure committees in disclosing their financial activities.
Measure Committee Reporting Duties
Committees formed or existing primarily to support or oppose the qualification, passage, or defeat of a ballot measure and proponent(s) of a state ballot measure who control a committee formed to support the qualification of a measure must file semi-annual statements, pre-election statements, quarterly ballot measure statements, late contribution reports, and 24-hour online reports of contributions totaling $1,000 or more, as well as contributions totaling $5,000 or more, if required, as follows.
Quarterly Ballot Measure Statements
Committees primarily formed to support the qualification, passage, or defeat of a ballot measure are required to file quarterly ballot measure statements before the election. However, quarterly statements are not required during any semi-annual period in which the committee is already required to file pre-election statements. Following the election, such committees are only required to file semi-annual statements unless they make contributions or expenditures to qualify, support, or oppose other similar ballot measures, in which case they would have an ongoing duty to file quarterly statements (Government Code § 84202.3).
Pre-election Statements
Pre-election statements must be filed during the six-month period prior to the election at which the measure will appear on the ballot. (Government Code §§ 84200.5, 84200.7, 84200.8).
Late Contribution Reports
There are three types of reporting periods for disclosing contributions totaling $1,000 or more that are received by state ballot measure committees closer to an election.
The first reporting period is an online filing requirement for state ballot measure committees that have previously incurred ongoing electronic filing requirements. This 24-hour report is used to electronically report all receipts of $1,000 or more from 90 days prior to, and including the date of any state election. (Government Code § 85309(b)) The second reporting period is an online report, which is used to electronically report all contributions of $5,000 or more received at any time other than during an election cycle. This report must be filed within ten business days (Government Code § 85309(d)). Please note that these online reports are not subject to any paper (or fax) filing requirements.
The third reporting period is the traditional late contribution reporting period which commences 16 days before the election and continues through the day before the election. These 24-hour reports are filed on paper (or by fax), but only if the filer has not incurred electronic filing requirements since the 90-day online-only report overlaps the 16-day late report.
Semi-annual Statements
Committees must file semi-annual statements for each half of every year, regardless of the amount of contributions or level of activity. The closing dates for such semi-annual statements are June 30 (due July 31) and December 31 (due January 31) (Government Code § 84200(a)).
Note: All state filers whose cumulative receipts or expenditures total $50,000 or more are subject to additional electronic filing requirements. The cumulative period for calculating the $50,000 online threshold began on 1/1/2000. For a committee that is first subject to this title after 1/1/2000, the beginning date for calculating cumulative totals is the date that the committee is first subject to this title.
Termination Requirements
The Statement of Organization � Form 410 is used to terminate recipient committees. The original and one copy must be filed with the Secretary of State's Political Reform Division. In addition, a copy of the Form 410 must be filed with each filing officer who received a copy of the committee's last campaign statement as contained in California Code of Regulations Section 18404(c).
Additional Resources
Secretary of State
Political Reform Division
1500 11th Street, Fourth Floor
Sacramento, CA 95814
Public Counter
916) 653-6224
Campaign Desk: (916) 653-8225 or (916) 653-8063
Fax: (916) 653-5045
Website: www.sos.ca.gov
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
Technical Assistance: (916) 322-5660
Toll-Free Helpline: 1-866-275-3772
Fax: (916) 322-3711
Website: www.fppc.ca.gov
CAUTION: In previous years, some proponents have experienced problems in submitting initiative petitions by the statutory deadline to qualify the initiative measure for a particular election. The proponent(s) are encouraged to begin the process as early as possible to ensure that all deadlines are met. The following points, previously mentioned in this booklet, should be emphasized:
In addition to statutory deadlines, allowances must be made for transmittal of information since many of the time limitations begin when the proposed initiative measure is received by the office and not when sent. Therefore, transmittal time could add several days to the process.
The Attorney General is allowed 15 days from the receipt of the final version of the initiative measure to provide the Secretary of State a copy of the title and summary. If during the 15-day period the proponent(s) submit amendments to the initiative measure, other than technical, non-substantive amendments, the time is extended to allow an additional 15 days.
If the Attorney General determines that the initiative measure requires a fiscal analysis, additional time is allowed for the preparation of a title and summary. In addition to the 15 days, the Joint Legislative Budget Committee and the Department of Finance are allowed a total of 25 working days from the date of receipt of the final version of the proposed initiative measure in order to prepare a fiscal analysis. The Attorney General is then allowed 15 days after receipt of the fiscal analysis prepared by the Joint Legislative Budget Committee and the Department of Finance to transmit a copy of the title and summary.
Proponent(s) have a maximum of 150 days from the official summary date to file the completed and signed petition sections with the appropriate county elections officials.
The proposed initiative measure must qualify at least 131 days prior to the statewide election. If the proposed initiative measure qualifies after the 131-day deadline, the initiative measure will appear on the following statewide election ballot.
Appendix A: Suggested Deadlines to Qualify Initiatives
Appendix B: For More Information
SECRETARY OF STATE
Debra Bowen, Secretary of State
1500 11th Street
Sacramento, CA 95814
Elections Division - (916) 657-2166
Political Reform Division - (916) 653-6224
www.sos.ca.gov
FAIR POLITICAL PRACTICES COMMISSION
Fair Political Practices Commission (FPPC)
Technical Assistance and Analysis Division
P.O. Box 807
Sacramento, CA 95814
(916) 322-5660
www.fppc.ca.gov
LEGISLATIVE COUNSEL
Diane F. Boyer-Vine, Legislative Counsel
Room 3021, State Capitol
Sacramento, CA 95814
(916) 341-8000
www.legislativecounsel.ca.gov
LEGISLATIVE ANALYST
Mac Taylor, Legislative Analyst
925 L Street, Suite 1000
Sacramento, CA 95814
(916) 445-4656
www.lao.ca.gov
ATTORNEY GENERAL
Edmund G. Brown Jr., Attorney General
1300 I Street
Sacramento, CA 95814
(916) 445-4752
www.ag.ca.gov
Appendix C: County Elections Officials
Attachment 1: Sample Petition
Initiative Guide How to create a initiative for state voters
This summary of the statewide initiative process is designed to provide an understanding of the procedures and requirements for preparing and qualifying initiatives. This publication is for general information only and does not have the force and effect of law, regulation, or rule. In case of conflict, the law, regulation, or rule will apply. Interested persons should obtain the most up-to-date information available because of possible changes in law or procedure since the publication of this summary.
This guide is intended for statewide initiatives only. For information regarding the qualification of local initiatives, please contact your county elections official. All code sections in this booklet refer to the Elections Code unless otherwise specified.
Introduction
In a special election held on October 10, 1911, California became the 10th state to adopt the initiative process. That year, Governor Hiram Johnson began his term by promising to give citizens a tool they could use to adopt laws and constitutional amendments without the support of the Governor or the Legislature. The new Legislature put a package of constitutional amendments on the ballot that placed more control of California politics directly into the hands of the people. This package included the ability to recall elected officials, the right to repeal laws by referendum, and the ability to enact state laws by initiative. The initiative is the power of the people of California to propose statutes and amendments to the California Constitution (Cal. Const., art. II, Section 8(a)). Generally, any matter that is a proper subject of legislation can become an initiative measure; however, no initiative measure addressing more than one subject area may be submitted to the voters or have any effect (Cal. Const., art. II, Section 8(d) and 12). An initiative measure is placed on the ballot after its proponents successfully satisfy the requirements described in this handbook. For historical information regarding initiative measures, please refer to The History of California Initiatives, which is produced by the Secretary of State. For current information about initiative measures that are in circulation or have qualified for the ballot, please refer to our website at: www.sos.ca.gov or contact the Elections Division at (916) 657-2166.
The Initiative Process
Step One - Writing the Text of the Law
The first step in the process of qualifying an initiative measure is to write the text of the proposed law. The initiative measure�s proponent(s) may obtain assistance from the Legislative Counsel in drafting the language of the initiative measure. Proponent(s) must present the idea for the law to the Legislative Counsel, and 25 or more electors must sign the request for a draft of the proposed law. If it is determined that there is a reasonable probability the initiative measure will eventually be submitted to the voters, the Legislative Counsel will draft the proposed law (Government Code Section 10243). Proponent(s) may also seek the assistance of their own private counsel to help draft the text of the proposed law, or they may choose to write the text themselves.
For more information contact:
Office of the Legislative Counsel
State Capitol, Room 3021
Sacramento, CA 95814
(916) 341-8000 / www.legislativecounsel.ca.gov
Step Two - Request for Title and Summary
Once the text of the initiative measure has been written, the proponent(s) must submit a draft of the proposed initiative measure to the Attorney General with a written request that a title and summary of the chief purpose and points of the proposed initiative measure be prepared (Section 9002). At the time of submitting the draft to the Attorney General, the proponent(s) must pay a fee of $200. The $200 is placed in a trust fund in the Office of the State Treasurer and is refunded if the initiative measure qualifies for the ballot within two years after the summary has been issued to the proponent(s). If the initiative measure fails to qualify within that period, the money is put into the General Fund of the state. (Section 9004)
For more information contact:
Office of the Attorney General
ATTN: Initiative Coordinator
1300 I Street
Sacramento, CA 95814
(916) 445-4752 / www.ag.ca.gov
At the time the request for title and summary is submitted, the proponent(s) must also execute and submit a signed statement that reads as follows (Section 9608):
I,__________ , acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. This statement shall be kept on file at the Attorney General's Office for not less than eight months after the certification of the results of the election for which the petition qualified or, if the measure did not qualify, eight months after the deadline for submission of the petition to elections officials.
Role of the Attorney General
Upon receipt of the fee and request, the Attorney General prepares a title and summary which will be the official summary of the initiative measure. The Attorney General shall provide a copy of the title and summary to the Secretary of State within 15 days after receipt of the final version of a proposed initiative measure. If during the 15-day period the proponent(s) of the proposed initiative measure submits amendments, other than technical, non-substantive amendments, to the initiative measure, the Attorney General shall provide a copy of the title and summary to the Secretary of State within 15 days after receipt of such amendments. (Section 9004) If a fiscal analysis is required, additional time is allotted.
Fiscal Estimate
If the Attorney General determines that the initiative measure requires a fiscal analysis, the Department of Finance and the Joint Legislative Budget Committee are required to prepare an analysis within 25 working days from the date they receive the final version of the proposed initiative measure. The fiscal analysis includes either the estimate of the amount of any increase or decrease in revenues or costs to state or local governments, or any opinion as to whether or not a substantial net change in state or local finances would result, if the proposed initiative measure is adopted. If, in the opinion of the Department of Finance and the Joint Legislative Budget Committee, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 25-working day period, the Department of Finance and the Joint Legislative Budget Committee shall, within the 25-working day period, give the Attorney General their opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative measure is adopted (Section 9005). The Attorney General is allowed 15 days after receipt of this fiscal analysis to complete the title and summary (Section 9004).
When the official title and summary is complete, the Attorney General sends it to the proponent(s), the Senate and the Assembly, and the Secretary of State.The Legislature may conduct public hearings on the proposed initiative measure but cannot amend it. (Sections 336, 9007)
Official Summary Date
The official summary date is the date the title and summary is sent to the proponent(s) by the Attorney General and the date the Secretary of State uses to calculate calendar deadlines provided to the proponent(s) and elections officials. No petition may be circulated prior to the official summary date. (Section 336)
Step Three - Circulation
Calendar
Based on the official summary date, the Secretary of State prepares a calendar of filing deadlines. The Secretary of State will send a copy of the calendar to the proponent(s) the same day it receives the official title and summary from the Attorney General�s Office (Section 336).
Circulation Deadlines
Proponents are allowed a maximum of 150 days to circulate petitions and collect signatures (Section 336). However, the initiative measure must qualify at least 131 days before the next statewide election at which it is to be submitted to the voters (Section 9013; Cal. Const., art. II, Section 8(c)). As a result, proponent(s) may want to shorten the circulation period in order to ensure that the proposed initiative measure qualifies at least 131 days before the next statewide election.
Required Number of Signatures
In order to qualify for the ballot, the initiative measure must be signed by a specified number of registered voters depending on the type of initiative measure submitted.
Initiative Statute: Petitions proposing initiative statutes must be signed by registered voters. The number of signatures must be equal to at least 5% of the total votes cast for Governor at the last gubernatorial election. (Cal. Const., art. II, Section 8(b); Section 9035) The total number of signatures required for initiative statutes is 433,971.
Initiative Constitutional Amendment: Petitions proposing initiative constitutional amendments must be signed by registered voters. The number of signatures must be equal to at least 8% of the total votes cast for Governor at the last gubernatorial election. (Cal. Const., art. II, Section 8(b); Section 9035) The total number of signatures required for such petitions is 694,354.
Referenda
Pursuant to article II, section 9, of the California Constitution, a referendum is the power of the electors to approve or reject any statute enacted by the Legislature. A referendum cannot be used on urgency statutes, statutes calling elections, or statutes providing for tax levies or appropriations for current expenses of the state.
Referenda on the ballot are fairly rare in comparison to initiative measures. The circulation calendar, verification, timing, and form of the petition have different requirements than initiatives. For example, the California Constitution requires that the process must be completed within 90 days of the enactment of the bill that is being referred. The signature requirements are the same for a referendum as an initiative statute.
Petitions
The format for the initiative petition is specified by law. County elections officials will not accept or file petitions which do not comply with the Elections Code (Section 9012). A petition may have several sections. Each section of the petition must contain the Attorney General�s title and summary and the full text of the initiative measure. The Attorney General�s title and summary shall be in at least 12-point Roman boldface type and the full text of the initiative measure shall be in at least 8-point type. Each page on which signatures are to appear must contain a copy of the Attorney General�s summary. (Sections 9014, 9008)
Heading
The heading of each section of a proposed initiative petition shall be in substantially the following form:
Initiative Measure to Be Submitted
Directly to the Voters
[This heading must be printed in 12-point or larger
Roman boldface type.]
(Sections 9001, 9008)
Title and Summary
Immediately after the heading, insert the following statement:
The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure:
[Next set forth the title and summary prepared by the Attorney General. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear in Roman boldface type not smaller than 12-point.] (Sections 9001, 9008)
Text of the Initiative Measure
The text of the proposed initiative measure should be inserted immediately following the title and summary prepared by the Attorney General preceded by the following statement:
To the Honorable Secretary of State of California
We, the undersigned, registered, qualified voters of California, residents of ____________ County (or City and County), hereby propose amendments to [(the Constitution of California) (the ____________ Code, relating to _______________________)] and petition the Secretary of State to submit the same to the voters of California for their adoption or rejection at the next succeeding general election or at any special statewide election held prior to that general election or otherwise provided by law. The proposed constitutional (or statutory) amendments read as follows:
[Insert full title and text of the measure.]
(Section 9001)
Signature Section
Immediately above the portion of the petition where voters are to sign, a notice in 12-point type must appear containing the following statement (Section 101):
NOTICE TO THE PUBLIC
THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER.
YOU HAVE THE RIGHT TO ASK.
The petition must have room for the signature of each petition signer as well as his or her printed name, residence address, and city or unincorporated community name. Signature spaces must be consecutively numbered commencing with the number 1 for each petition section. A minimum one-inch space shall be left at the top of each page and after each name for use by the county elections official (Sections 100, 9009). Pursuant to the California Supreme Court's decision in Assembly v. Deukmejian (1982) 30 Cal.3d 638, 180 Cal.Rptr. 297, the petition form must direct signers to include their "residence address" rather than "address as registered" or other address. Each section of the petition must also contain the name of the county (or city and county) in which it was circulated. Each section shall be circulated among voters of only one county. See Attachment 1 for a sample petition.
Step Four - Circulating and Signing
Declaration of Circulator
Each section shall have attached thereto a declaration signed and dated by the circulator of the petition setting forth, in the circulator's own hand, the following (Sections 104, 9022):
The printed name of the circulator.
The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained.
A statement that the circulator is a voter or is qualified to register to vote in the State of California.
The dates between which all the signatures affixed to the petition were obtained.
Each declaration submitted pursuant to this section shall also set forth the following (Sections 104, 9022):
That the circulator circulated the petition section and witnessed the appended signatures being written.
That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.
That the declaration is true and correct under penalty of perjury under the laws of the State of California.
Petition Circulators
The proponent(s) of an initiative measure are required to ensure that any person, company, or other organization who solicits signatures to qualify the proposed initiative measure, whether they are paid or volunteer, receives instruction on the requirements and prohibitions imposed by state law with respect to the circulation of petitions and the gathering of signatures. Such instructions must emphasize the prohibition of the use of signatures on an initiative petition for a purpose other than qualification of the proposed measure for the ballot. (Section 9607) The petition may be circulated by a number of individuals carrying separate, identical parts of the petition called sections. Each petition circulator who obtains signatures must complete the attached declaration to the petition. Preprinted dates or generalized dates, other than the particular range of dates during which the petition section was actually circulated, are not allowed (Assembly v. Deukmejian (1982) 30 Cal.3d 638, 180 Cal.Rptr. 297). The declaration must be signed under penalty of perjury. It need not be sworn before a notary public or other officer authorized to administer oaths, but must include the circulator's signature, date, and place of signing (Code Civ. Proc. Section 2015.5). Prior to allowing a person to circulate an initiative petition for signatures, the person, company official, or other organizational officer who is in charge of signature gathering shall execute and submit to the proponent(s) a signed statement that reads as follows (Section 9609):
I,__________, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot.
___________________________
(Signature of Circulator)
Dated this ____ day of __________, 20___
This statement shall be kept on file by the proponent(s) for not less than eight months after the certification of the results of the election for which the petition qualified or, if the measure did not qualify, eight months after the deadline for submission of the petition to elections officials. In addition, all paid circulators shall execute and submit to the person, company official, or other organizational officer who is in charge of signature gathering a signed statement, prior to soliciting signatures on an initiative petition, that reads as follows (Section 9610):
I,____________, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot.
___________________________
(Signature of Circulator)
Dated this ____ day of __________, 20___
This statement shall be kept on file by the person, company official, or other organizational officer who is in charge of signature gathering for not less than eight months after the certification of the results of the election for which the petition qualified or, if the measure did not qualify, eight months after the deadline for submission of the petition to elections officials. This section does not apply to unpaid circulators.
Petition Signatures
Only persons who are registered, qualified voters at the time of signing are entitled to sign the petition. A person can only sign a petition that is being circulated in his or her county of registration. If a petition circulator is a registered voter, he or she may sign the petition he or she is circulating (Sections 102, 105, 9021). Each signer must personally place on the petition his or her signature, printed name, residence address (or physical description of the location if there is no street address), and the name of the incorporated city or unincorporated community (Section 100). None of the above may be preprinted on the petition. Each signer may sign an initiative petition only once (Section 18612).
Withdrawal of Signatures
Any voter who has signed an initiative petition may withdraw his or her name by filing a written request for the withdrawal with the appropriate county elections official prior to the date the petition is filed by the proponent(s) (Sections 103, 9602).
Criminal Penalties
The Elections Code imposes certain criminal penalties for abuses related to the circulation of initiative petitions. It prohibits circulators from misrepresenting the purpose or contents of the petition to potential petition signers, intentionally making a false statement in response to a voter's inquiry as to whether the circulator is a paid signature gatherer or a volunteer (Section 18600), and from refusing to allow prospective signers to read the initiative measure or petition or Attorney General's summary (Sections 18601, 18602). No person may offer or give payment or anything of value to another in exchange for signing an initiative petition (Section 18603). The code also makes circulators, signers, and others criminally liable for signing or soliciting to sign false, forged, fictitious, or ineligible signatures and names (Sections 18610-18614). The law provides criminal penalties for persons, including public officials, who make false affidavits (for example, the circulator's declaration is an affidavit), returns, or certifications concerning any initiative measure (Sections 18660, 18661).
Circulating petitions within 100 feet of a polling place or an elections official's office on election day is prohibited (Section 18370(a)). The law prohibits any person from soliciting or obtaining money or anything of value to aid in unlawfully stopping circulation or the filing of an initiative measure (Sections 18620-18622). It also prohibits any person from stealing petitions and from threatening petition circulators or circulators' relatives with the intent to dissuade them from circulating the petition (Sections 18630, 18631). Any person who is paid by the proponent(s) to obtain signatures on any initiative petition is subject to severe penalties for refusing to surrender the petition to the proponent(s) for filing (Section 18640).
It should be noted that the petition or list of signatures may be used for no purpose other than the qualification of the initiative measure. This requirement prohibits using the names and addresses on petition sections for a mailing list for fundraising or other purposes (Section 18650).
Step Five - Filing
Once the requisite number of signatures has been collected, they must be filed with the appropriate county elections official(s). Petitions may be submitted in sections; however, all the sections submitted in a single county must be filed at the same time. Once filed, petitions may not be amended except by order of a court of competent jurisdiction. (Section 9030) To prevent unauthorized petitions from circulating, and unauthorized persons from filing petitions, only the proponent(s) of an initiative measure, and persons authorized in writing by one or more of the proponents, may file initiative petitions. Any other petitions submitted will be disregarded by the county elections official of the county (or city and county) in which it was circulated. (Sections 9032, 18671)
Verification
Raw Count
Within eight working days (excluding weekends and holidays) after filing the petition, the county elections officials determine the total number of signatures on the petition sections submitted in their county and report the total to the Secretary of State. If the Secretary of State determines that the raw count of signatures on petitions submitted throughout the state lack 100 percent of the signatures required, the Secretary of State shall immediately notify the county elections officials of the failure of the initiative measure and no further action is taken on that measure. (Section 9030)
Random Sample
If the raw count equals 100 percent or more of the total number of signatures needed to qualify the initiative measure, the Secretary of State notifies the county elections officials that a random sample will be necessary. Within 30 working days of receipt of this notification, the county elections officials verify the validity of the signatures filed with their office using a random sampling technique of verification. The elections official is required to verify 500 signatures or three percent of the number of signatures filed in their county, whichever is greater. Counties receiving less than 500 petition signatures are required to verify all the signatures filed in their office. (Section 9030)
95 Percent 110 Percent
Upon completion of this random sample, the county elections officials immediately certify to the Secretary of State the number of valid signatures appearing on the petitions in their counties. The Secretary of State then applies a formula to determine the statewide total of valid signatures (Cal. Admin. Code Sections 20530-20532, 20540).
If the total number of valid signatures is less than 95 percent of the number of signatures required to qualify the initiative measure, the initiative measure will fail to qualify for the ballot. The Secretary of State will generate a failure notice and mail a copy to the proponent(s) and county elections officials. (Section 9030(f))
If the number of valid signatures is greater than 110 percent of the required number of signatures, the initiative measure is considered qualified without further verification (Sections 9030(g), 9033). The Secretary of State will mail a certification letter to the proponent(s), county elections officials, the Chief Clerk of the Assembly, and the Secretary of the Senate stating the initiative measure has qualified for the next statewide election (Section 9034).
Full Check
If the result of the random sample indicates that the number of valid signatures represents between 95 percent and 110 percent of the required number of signatures to qualify the initiative measure for the ballot, the Secretary of State directs the county elections officials to verify every signature on the petition. This process is referred to as a full check. Within 30 working days of receipt of this notification, the county elections officials determine the total number of qualified signatures and transmit this information to the Secretary of State (Section 9031).
Qualification and Approval
The petition is deemed filed and the initiative measure qualified on the date the Secretary of State receives certificates from the county elections officials showing the petition has been signed by the requisite number of voters. The Secretary of State transmits a certificate to the proponent(s) and each county elections official if the initiative measure qualifies. (Section 9033) If the initiative measure fails to qualify, the Secretary of State must so notify the proponent(s) and county elections officials.
Upon certification of the initiative measure for the ballot, the Secretary of State will then transmit copies of the measure and the ballot title prepared by the Attorney General to the State Senate and Assembly. Each house assigns the initiative measure to its appropriate committee(s) which shall then hold joint public hearings on the subject of the initiative measure, provided that no such hearing may be held within 30 days prior to the date of the election. The Legislature has no authority to alter the initiative measure or prevent it from appearing on the ballot. (Section 9034)
Public Inspection and Preservation
Resources
Secretary of State
Elections Division
1500 11th Street, Fifth Floor
Sacramento, CA 95814
(916) 657-2166 / www.sos.ca.gov
Attorney General
Initiative Coordinator
1300 I Street
Sacramento, CA 95814
(916) 445-4752 / www.ag.ca.gov
Legislative Counsel
State Capitol, Room 3021
Sacramento, CA 95814
(916) 341-8000 / www.legislativecounsel.ca.gov
Legislative Analyst
925 L Street, Suite 1000
Sacramento, CA 95814
(916) 445-4656 / www.lao.ca.gov
Initiative Measure Effective Date
An initiative measure approved by a majority vote takes effect the day after the election, unless the initiative measure provides otherwise (Cal. Const., art. II, Section 10(a)). If the provisions of two or more measures approved at the same election conflict, those of the measure receiving the highest affirmative vote shall prevail (Cal. Const., art. II, Section 10(b)). The Legislature may amend or repeal an initiative statute; however, any proposed legislative action becomes effective only when approved by the voters, unless the initiative statute permits amendment or repeal without voter approval (Cal. Const., art. II, Section 10(c)).
Preservation
The county elections officials must preserve initiative petitions until eight months after the certification of the results of the election for which the initiative measure qualified or attempted to qualify for placement on the ballot. The petitions may then be destroyed unless legal action or a government investigation regarding the petitions is pending (Section 17200). As a general rule, initiative petitions, once filed with the county elections officials, are not public records and are not open to the general public for inspection (Government Code Section 6253.5).
Political Reform Act
Recipient Committees
Any person or combination of persons is considered to be a recipient committee if contributions totaling $1,000 or more have been received in a calendar year for the purpose of influencing California's city, county, and/or state elections (Government Code § 82013 (a)). A recipient committee must file the original Statement of Organization (Form 410) with the Secretary of State's Political Reform Division within ten days of reaching the $1,000 threshold (Government Code § 84101(a)). In addition, recipient committees must also file a copy of the Statement of Organization with the local filing officer, if any, with whom it is required to file the originals of its campaign reports.
Use of Measure Committee Funds
Persons or committees receiving money for promoting or defeating an initiative, referendum, or recall petition, or any measure that has qualified for the ballot, must hold the money in trust and may only spend the money for the purpose for which it was entrusted to them (§ 18680).
Campaign Disclosure Form 460
The Recipient Committee Campaign Disclosure Statement (Form 460) is the proper disclosure form for use by all ballot measure committees in disclosing their financial activities.
Measure Committee Reporting Duties
Committees formed or existing primarily to support or oppose the qualification, passage, or defeat of a ballot measure and proponent(s) of a state ballot measure who control a committee formed to support the qualification of a measure must file semi-annual statements, pre-election statements, quarterly ballot measure statements, late contribution reports, and 24-hour online reports of contributions totaling $1,000 or more, as well as contributions totaling $5,000 or more, if required, as follows.
Quarterly Ballot Measure Statements
Committees primarily formed to support the qualification, passage, or defeat of a ballot measure are required to file quarterly ballot measure statements before the election. However, quarterly statements are not required during any semi-annual period in which the committee is already required to file pre-election statements. Following the election, such committees are only required to file semi-annual statements unless they make contributions or expenditures to qualify, support, or oppose other similar ballot measures, in which case they would have an ongoing duty to file quarterly statements (Government Code § 84202.3).
Pre-election Statements
Pre-election statements must be filed during the six-month period prior to the election at which the measure will appear on the ballot. (Government Code §§ 84200.5, 84200.7, 84200.8).
Late Contribution Reports
There are three types of reporting periods for disclosing contributions totaling $1,000 or more that are received by state ballot measure committees closer to an election.
The first reporting period is an online filing requirement for state ballot measure committees that have previously incurred ongoing electronic filing requirements. This 24-hour report is used to electronically report all receipts of $1,000 or more from 90 days prior to, and including the date of any state election. (Government Code § 85309(b)) The second reporting period is an online report, which is used to electronically report all contributions of $5,000 or more received at any time other than during an election cycle. This report must be filed within ten business days (Government Code § 85309(d)). Please note that these online reports are not subject to any paper (or fax) filing requirements.
The third reporting period is the traditional late contribution reporting period which commences 16 days before the election and continues through the day before the election. These 24-hour reports are filed on paper (or by fax), but only if the filer has not incurred electronic filing requirements since the 90-day online-only report overlaps the 16-day late report.
Semi-annual Statements
Committees must file semi-annual statements for each half of every year, regardless of the amount of contributions or level of activity. The closing dates for such semi-annual statements are June 30 (due July 31) and December 31 (due January 31) (Government Code § 84200(a)).
Note: All state filers whose cumulative receipts or expenditures total $50,000 or more are subject to additional electronic filing requirements. The cumulative period for calculating the $50,000 online threshold began on 1/1/2000. For a committee that is first subject to this title after 1/1/2000, the beginning date for calculating cumulative totals is the date that the committee is first subject to this title.
Termination Requirements
The Statement of Organization � Form 410 is used to terminate recipient committees. The original and one copy must be filed with the Secretary of State's Political Reform Division. In addition, a copy of the Form 410 must be filed with each filing officer who received a copy of the committee's last campaign statement as contained in California Code of Regulations Section 18404(c).
Additional Resources
Secretary of State
Political Reform Division
1500 11th Street, Fourth Floor
Sacramento, CA 95814
Public Counter
916) 653-6224Campaign Desk: (916) 653-8225 or (916) 653-8063
Fax: (916) 653-5045
Website: www.sos.ca.gov
Fair Political Practices Commission
428 J Street, Suite 620
Sacramento, CA 95814
Technical Assistance: (916) 322-5660
Toll-Free Helpline: 1-866-275-3772
Fax: (916) 322-3711
Website: www.fppc.ca.gov
CAUTION: In previous years, some proponents have experienced problems in submitting initiative petitions by the statutory deadline to qualify the initiative measure for a particular election. The proponent(s) are encouraged to begin the process as early as possible to ensure that all deadlines are met. The following points, previously mentioned in this booklet, should be emphasized:
In addition to statutory deadlines, allowances must be made for transmittal of information since many of the time limitations begin when the proposed initiative measure is received by the office and not when sent. Therefore, transmittal time could add several days to the process.
The Attorney General is allowed 15 days from the receipt of the final version of the initiative measure to provide the Secretary of State a copy of the title and summary. If during the 15-day period the proponent(s) submit amendments to the initiative measure, other than technical, non-substantive amendments, the time is extended to allow an additional 15 days.
If the Attorney General determines that the initiative measure requires a fiscal analysis, additional time is allowed for the preparation of a title and summary. In addition to the 15 days, the Joint Legislative Budget Committee and the Department of Finance are allowed a total of 25 working days from the date of receipt of the final version of the proposed initiative measure in order to prepare a fiscal analysis. The Attorney General is then allowed 15 days after receipt of the fiscal analysis prepared by the Joint Legislative Budget Committee and the Department of Finance to transmit a copy of the title and summary.
Proponent(s) have a maximum of 150 days from the official summary date to file the completed and signed petition sections with the appropriate county elections officials.
The proposed initiative measure must qualify at least 131 days prior to the statewide election. If the proposed initiative measure qualifies after the 131-day deadline, the initiative measure will appear on the following statewide election ballot.
Appendix A: Suggested Deadlines to Qualify Initiatives
Appendix B: For More Information
SECRETARY OF STATE
Debra Bowen, Secretary of State
1500 11th Street
Sacramento, CA 95814
Elections Division - (916) 657-2166
Political Reform Division - (916) 653-6224
www.sos.ca.gov
FAIR POLITICAL PRACTICES COMMISSION
Fair Political Practices Commission (FPPC)
Technical Assistance and Analysis Division
P.O. Box 807
Sacramento, CA 95814
(916) 322-5660
www.fppc.ca.gov
LEGISLATIVE COUNSEL
Diane F. Boyer-Vine, Legislative Counsel
Room 3021, State Capitol
Sacramento, CA 95814
(916) 341-8000
www.legislativecounsel.ca.gov
LEGISLATIVE ANALYST
Mac Taylor, Legislative Analyst
925 L Street, Suite 1000
Sacramento, CA 95814
(916) 445-4656
www.lao.ca.gov
ATTORNEY GENERAL
Edmund G. Brown Jr., Attorney General
1300 I Street
Sacramento, CA 95814
(916) 445-4752
www.ag.ca.gov
Appendix C: County Elections Officials
Attachment 1: Sample Petition
