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2003-2004 Initiative Guide


The Secretary of State has prepared this brief summary of the statewide initiative process as required by Elections Code section 9015 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.

Please note: This guide is intended for statewide initiatives only. For information regarding the qualification of local initiatives, please contact your local elections official.


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, § 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, §§ 8(d) and 12). An initiative measure is placed on the ballot after its proponents successfully satisfy their requirements described in this handbook. The Secretary of State has prepared this brief summary of the statewide initiative process, as required by Elections Code section 9015, to provide an understanding of the 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. 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.ss.ca.gov or contact the Elections Division at (916) 657-2166. [Please note: This handbook is intended for statewide initiative measures only. For information regarding the qualification of local initiative measures, please contact your local elections official. All code sections in this booklet refer to the Elections Code unless otherwise specified.]

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 § 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 (§ 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. (§ 9004)

For more information contact:
Office of the Attorney General  
ATTN: Initiative Coordinator
1300 I Street
Sacramento, CA 95814
(916) 324-5490 / www.caag.state.ca.us/initiatives

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 (§ 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. (§ 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 (§ 9005). The Attorney General is allowed 15 days after receipt of this fiscal analysis to complete the title and summary (§ 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.

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. (§ 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 (§ 336).

Circulation Deadlines

Proponents are allowed a maximum of 150 days to circulate petitions and collect signatures (§ 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 (§ 9013; Cal. Const., art. II, § 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. See Appendix A for further information regarding suggested filing deadlines.


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, § 8(b); § 9035) The total number of signatures required for initiative statutes, which qualify for circulation before the November 2006 gubernatorial election, is 373,816.


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, § 8(b); § 9035) The total number of signatures required for such petitions, which qualify for circulation before the November 2006 gubernatorial election, is 598,105.


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, although three referenda qualified for the March 2000 primary election ballot. One out of the three was successful. Prior to that, the last four referenda placed before the voters appeared on the June 1982 primary election ballot. All four were defeated. Since 1912, there have been approximately 52 attempts to qualify referenda for the ballot. Of the 52 attempts, 39 qualified for the ballot, 25 of which were approved by voters. If you are contemplating being a proponent of a referendum, it is important to contact the Secretary of State. (See Appendix B). 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 (§ 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. (§§ 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.]
(§§ 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.]
(§§ 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.]
(§ 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 (§§ 101, 101.5):

NOTICE TO THE PUBLIC
THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER.
YOU HAVE THE RIGHT TO ASK.


THE USE OF YOUR SIGNATURE FOR ANY PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINTS ABOUT THE MISUSE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE.


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 (§§ 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 (§§ 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 (§§ 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. (§ 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. § 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 (§ 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 (§ 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 (§§ 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 (§ 100). None of the above may be preprinted on the petition. Each signer may sign an initiative petition only once (§ 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) (§§ 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 (§ 18600), and from refusing to allow prospective signers to read the initiative measure or petition or Attorney General's summary (§§ 18601, 18602). No person may offer or give payment or anything of value to another in exchange for signing an initiative petition (§ 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 (§§ 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 (§§ 18660, 18661).

Circulating petitions within 100 feet of a polling place or an elections official's office on election day is prohibited (§ 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 (§§ 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 (§ 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 (§ 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 (§ 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. (§ 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. (§§ 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. (§ 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. (§ 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 §§ 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. (§ 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 (§§ 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 (§ 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 (§ 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. (§ 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. (§ 9034)

Public Inspection and Preservation

Resources

Secretary of State
Elections Division
1500 11th Street, Fifth Floor
Sacramento, CA 95814
(916) 657-2166 / www.ss.ca.gov

Attorney General - Initiative Coordinator
1300 I Street
Sacramento, CA 95814
(916) 324-5490 / www.caag.state.ca.us/initiatives

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, § 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, § 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, § 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 (§ 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 § 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 new 24-hour online reports of contributions totaling $1,000 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).

However, all ballot measure committees that are primarily formed to support or oppose a measure on the March 2004 primary ballot will be required to file their quarterly statements for the third quarter of 2003 by October 10, 2003, instead of the usual October 31, 2003, filing deadline (Government Code §§ 84200.3, 84200.4).

Pre-election Statements

Pre-election statements must be filed during the six-month period prior to the election at which the measure will appear. (Government Code §§ 84200.5, 84200.7, 84200.8).

Late Contribution Reports

There are two 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 new 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)) In addition, an online report is required disclosing a receipt of a contribution 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 new online reports are not subject to any paper (or fax) filing requirements.

The second 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) and, if applicable, electronically, by the contributor as well as the recipient of the late contribution (Government Code §§ 84203, 84203.3).

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)).

However, all ballot measure committees which are primarily formed to support or oppose a measure on the March 2004 primary ballot will be required to file their semi-annual statements for the period ending December 31, 2003, by January 10, 2004, instead of the usual January 31, 2004, filing deadline (Government Code § 84200.3, 84200.4).

Note: If a committee has $50,000 or more in activity to report, the filing must be transmitted to the Secretary of State electronically as well as on paper to determine this $50,000 threshold, the cumulation period begins on January 1, 2000 (Government Code § 84605). For further information, see www.ss.ca.gov/prdelectronic_filing_info.htm.

If you would like more information on the Political Reform Act, please call the Fair Political Practices Commission at (916) 322-5660 or the Political Reform Division of the Secretary of State's Office at (916) 653-6224. You may also visit the Fair Political Practices Commission's website at www.fppc.ca.gov.

Additional Resources

Secretary of State
Political Reform Division

1500 11th Street, Fourth Floor
Sacramento, CA 95814
(916) 653-6224 / www.ss.ca.gov

Fair Political Practices Commission
P.O. Box 807
Sacramento, CA 95814
(916) 322-5660 / 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

The following suggested deadlines should not be considered substitutes for California election laws, regulations, or policy and should be used for planning purposes only. Other factors, such as amending the initiative measure before circulation or the length of time for circulation, will affect the time it takes to complete the process. In addition, relevant laws in place at the time of printing this handbook may have changed.


MARCH 2, 2004
PRIMARY ELECTION
BY RANDOM SAMPLE

January 22, 2003 - Suggested last day for proponent(s) to submit proposed measure to the Attorney General and request title and summary.

March 17, 2003 (15 days) (25 w. days) - Attorney General prepares and issues title and summary and proponent(s) may begin circulation of the petition (includes time allotted for fiscal analysis).

August 14, 2003 (150 days) - Last day for proponent(s) to file the petition with county elections officials.

August 26, 2003 (8 w. days) - Last day for county elections officials to complete raw count totals and certify raw numbers to the Secretary of State.

September 4, 2003 (9 days) - Last day for Secretary of State to receive raw count total from each county elections official, determine whether initiative petitions meet the minimum signature requirement, generate random sample, and notify each county elections official of results.

October 20, 2003 (30 w. days) - Last day for county elections officials to verify and certify results of the random sampling of signatures to the Secretary of State.

October 23, 2003 (4 days) - Last day for Secretary of State to determine whether initiative qualifies for the ballot or 100% signature verification is necessary. (E-131)

Note: days = calendar days  w. days = working days

MARCH 2, 2004
PRIMARY ELECTION
BY FULL CHECK

December 3, 2002 - Suggested last day for proponent(s) to submit proposed measure to the Attorney General and request title and summary.

January 24, 2003 (15 days) (25 w. days) - Attorney General prepares and issues title and summary and proponent(s) may begin circulation of the petition (includes time allotted for fiscal analysis).

June 24, 2003 (150 days) - Last day for proponent(s) to file the petition with county elections officials.

July 7, 2003 (8 w. days) - Last day for county elections officials to complete raw count totals and certify raw numbers to the Secretary of State.

July 14, 2003 (9 days) - Last day for Secretary of State to receive raw count total from each county elections official, determine whether initiative petitions meet the minimum signature requirement, generate random sample, and notify each county elections official of results.

August 25, 2003 (30 w. days) - Last day for county elections officials to verify and certify results of the random sampling of signatures to the Secretary of State.

September 4, 2003 (10 days) - Last day for Secretary of State to determine whether initiative petition qualifies for the ballot or 100% signature verification is necessary.

October 20, 2003 (30 w. days) - Last day for county elections offsicials to certify to the Secretary of State results of the 100% signature check.

October 23, 2003 (4 days) - Last day for the Secretary of State to determine whether the initiative measure qualifies for the ballot. (E-131)

Note: days = calendar days  w. days = working days

NOVEMBER 2, 2004
GENERAL ELECTION
BY RANDOM SAMPLE

September 25, 2003 - Suggested last day for proponent(s) to submit proposed measure to the Attorney General and request title and summary.

November 18, 2003 (15 days) (25 w. days) - Attorney General prepares and issues title and summary and proponent(s) may begin circulation of the petition (includes time allotted for fiscal analysis).

April 16, 2004 (150 days) - Last day for proponent(s) to file the petition with county elections officials.

April 28, 2004 (8 w. days) - Last day for county elections officials to complete raw count totals and certify raw numbers to the Secretary of State.

May 7, 2004 (9 days) - Last day for Secretary of State to receive raw count total from each county elections official, determine whether initiative petitions meet the minimum signature requirement, generate random sample, and notify each county elections official of results.

June 21, 2004 (30 w. days) - Last day for county elections officials to verify and certify results of the random sampling of signatures to the Secretary of State.

June 24, 2004 (4 days) - Last day for Secretary of State to determine whether the initiative measure qualifies for the ballot or 100% signature verification is necessary. (E-131)

Note: days = calendar days  w. days = working days

NOVEMBER 2, 2004
GENERAL ELECTION
BY FULL CHECK

August 5, 2003 - Suggested last day for proponent(s) to submit proposed measure to the Attorney General and request title and summary.

September 26, 2003 (15 days) (25 w. days) - Attorney General prepares and issues title and summary and proponent(s) may begin circulation of the petition (includes time allotted for fiscal analysis).

February 25, 2004 (150 days) - Last day for proponent(s) to file the petition with county elections officials.

March 8, 2004 (8 w. days) - Last day for county elections officials to complete raw count totals and certify raw numbers to the Secretary of State.

March 15, 2004 (9 days) - Last day for Secretary of State to receive raw count total from each county elections official, determine whether initiative petitions meet the minimum signature requirement, generate random sample, and notify each county elections official of results.

April 27, 2004 (30 w. days) - Last day for county elections officials to verify and certify results of the random sampling of signatures to the Secretary of State.

May 7, 2004 (10 days) - Last day for Secretary of State to determine whether the initiative petition qualifies for the ballot or 100% signature verification is necessary.

June 21, 2004 (30 w. days) - Last day for county elections officials to certify to the Secretary of State results of the 100% signature check.

June 24, 2004 (4 days) - Last day for the Secretary of State to determine whether initiative measure qualifies for the ballot. (E-131)

Note: days = calendar days  w. days = working days

Appendix B: For More Information

SECRETARY OF STATE
Bruce McPherson, Secretary of State
1500 11th Street
Sacramento, CA 95814
Elections Division - (916) 657-2166
Political Reform Division - (916) 653-6224
www.ss.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'S OFFICE
Elizabeth Hill, Legislative Analyst
925 L Street, Suite 1000
Sacramento, CA 95814
916) 445-4656
www.lao.ca.gov

ATTORNEY GENERAL
Bill Lockyer, Attorney General
1300 I Street
Sacramento, CA 95814
(916) 324-5490
www.caag.state.ca.us


Appendix C: County Elections Officials

ALAMEDA COUNTY
1225 Fallon Street, Room G-1
Oakland, CA 94612-4283
(510) 272-6973
(510) 208-4967 TDD
www.co.alameda.ca.us/rov/index.htm

ALPINE COUNTY
P.O. Box 158
Markleeville, CA 96120
(530) 694-2281
www.co.alpine.ca.us

AMADOR COUNTY
500 Argonaut Lane
Jackson, CA 95642
(209) 223-6465

BUTTE COUNTY
25 County Center Drive
Oroville, CA 95965-3375
(530) 538-7761
http://clerk-recorder.buttecounty.net

CALAVERAS COUNTY
891 Mountain Ranch Road
San Andreas, CA 95249
(209) 754-6376
www.co.calaveras.ca.us/departments/recorder.asp

COLUSA COUNTY
546 Jay Street
Colusa, CA 95932
(530) 458-0500
www.colusanet.com/colusaclerk.com/doc.asp

CONTRA COSTA COUNTY
524 Main Street
P.O. Box 271
Martinez, CA 94553
(925) 646-4166
www.co.contra-costa.ca.us/depart/elect/index.htm

DEL NORTE COUNTY
981 H Street, Room 160
Crescent City, CA 95531
(707) 465-0383

EL DORADO COUNTY
2850 Fairlane Court
P.O. Box 678001
Placerville, CA 95667
(530) 621-7480
www.co.el-dorado.ca.us/elections

FRESNO COUNTY
2221 Kern Street
Fresno, CA 93721
(559) 488-3246
www.fresno.ca.gov

GLENN COUNTY
516 W. Sycamore Street, 2nd Floor
Willows, CA 95988
(530) 934-6414

HUMBOLT COUNTY
3033 H Street
Eureka, CA 95501
(707) 445-7678
www.co.humboldt.ca.us

IMPERIAL COUNTY
940 Main Street, Room 202
El Centro, CA 92243
(760) 482-4226
www.co.imperial.ca.us

INYO COUNTY
P.O. Box F
Independence, CA 93526
(760) 878-0224
http://www.countyofinyo.org

KERN COUNTY
1115 Truxtun Avenue, 1st Floor
Bakersfield, CA 93301
(661) 868-3590
www.co.kern.ca.us

KINGS COUNTY
1400 W. Lacey Boulevard
Hanford, CA 93230
(559) 582-3211 x4401

LAKE COUNTY
255 N. Forbes Street
Lakeport, CA 95453
(707) 263-2372
www.co.lake.ca.us

LASSEN COUNTY
220 S. Lassen Street, Suite 5
Susanville, CA 96130
(530) 251-8217
www.lassencounty.org

LOS ANGELES COUNTY
12400 Imperial Highway
Norwalk, CA 90650
(562) 466-1310
http://regrec.co.la.ca.us

MADERA COUNTY
209 W. Yosemite Avenue
Madera, CA 93637
(559) 675-7720

MARIN COUNTY
P.O. Box E
San Rafael, CA 94913
(415) 499-6456
www.marin.org

MARIPOSA COUNTY
4982 10th Street
P.O. Box 247
Mariposa, CA 95338
(209) 966-2007

MENDOCINO COUNTY
501 Low Gap Road, Room 1020
Ukiah, CA 95482
(707) 463-4371
www.co.mendocino.ca.us

MERCED COUNTY
2222 M Street, Room 14
Merced, CA 95340
(209) 385-7541
www.co.merced.ca.us

MODOC COUNTY
P.O. Box 130
Alturas, CA 96101
(530) 233-6200

MONO COUNTY
Annex II, Bryant Street
P.O. Box 237
Bridgeport, CA 93517
(760) 932-5241

MONTEREY COUNTY
1370 B South Main Street
P.O. Box 1848
Salinas, CA 93902
(831) 755-5085
www.mocovote.org

NAPA COUNTY
900 Coombs Street, Room 256
Napa, CA 94559
(707) 253-4321
www.co.napa.ca.us

NEVADA COUNTY
10433 Willow Valley Road, Suite E
Nevada City, CA 95959-2367
(530) 265-1298
www.election.co.nevada.ca.us

ORANGE COUNTY
1300 S. Grand Avenue, Building C
P.O. Box 11298
Santa Ana, CA 92711
(714) 567-7600
www.oc.ca.gov/election

PLACER COUNTY
P.O. Box 5278
Auburn, CA 95604
(530) 886-5650
www.placer.ca.gov/elections

PLUMAS COUNTY
520 Main Street, Room 102
Quincy, CA 95971
(530) 283-6256
www.countyofplumas.com

RIVERSIDE COUNTY
2724 Gateway Drive
Riverside, CA 92507
(909) 486-7330
www.voteinfo.net

SACRAMENTO COUNTY
7000 65th Street
Sacramento, CA 95823-2315
(916) 875-6451
www.co.sacramento.ca.us/elections

SAN BENITO COUNTY
440 Fifth Street, Room 206
Hollister, CA 95023
(831) 636-4016

SAN BERNADINO COUNTY
777 E. Rialto Avenue
San Bernardino, CA 92415-0770
(909) 387-8300
www.co.san-bernardino.ca.us/rov

SAN DIEGO COUNTY
5201 Ruffin Road, Suite I
San Diego, CA 92123
(858) 565-5800
www.sdvote.com

SAN FRANCISCO COUNTY
1 Dr. Carlton B Goodlett Place, Room 48
San Francisco, CA 94102
(415) 554-4375
www.ci.sf.ca.us/election

SAN JOAQUIN COUNTY
212 N. San Joaquin Street
P.O. Box 810
Stockton, CA 95201
(209) 468-2890
www.co.san-joaquin.ca.us/elect

SAN LUIS OBISPO COUNTY
1144 Monterey Street, Suite A
San Luis Obispo, CA 93408
(805) 781-5228
www.slonet.org\~clerkrec\

SAN MATEO COUNTY
40 Tower Road
San Mateo, CA 94402
(650) 312-5222
www.shapethefuture.org

SANTA BARBARA COUNTY
P.O. Box 159
Santa Barbara, CA 93102
(805) 568-2201
www.sb-democracy.com

SANTA CLARA COUNTY
1555 Berger Drive, Building 2
P.O. Box 1147
San Jose, CA 95108
(408) 299-8683
www.sccvote.org

SANTA CRUZ COUNTY
701 Ocean Street, Room 210
Santa Cruz, CA 95060
(831) 454-2060
www.votescount.com

SHASTA COUNTY
1643 Market Street
Redding, CA 96001
(530) 225-5730
www.co.shasta.ca.us

SIERRA COUNTY
P.O. Drawer D
Downieville, CA 95936
(530) 289-3295

SISKIYOU COUNTY
311 Fourth Street, Room 201
P.O. Box 338
Yreka, CA 96097
(530) 842-8086
www.co.siskiyou.ca.us

SOLANO COUNTY
P.O. Box I
Fairfield, CA 94533
(707) 421-6675
www.solanocounty.com/elections

SONOMA COUNTY
435 Fiscal Drive
P.O. Box 11485
Santa Rosa, CA 95406-1485
(707) 565-6800
www.sonoma-county.org

STANISLAUS COUNTY
1021 I Street, Suite 101
Modesto, CA 95354
(209) 525-5200
www.stanislauselections.com

SUTTER COUNTY
433 Second Street
Yuba City, CA 95991
(530) 822-7122
www.co.sutter.ca.us

TEHEMA COUNTY
P.O. Box 250
Red Bluff, CA 96080
(530) 527-8190

TRINITY COUNTY
101 Court Street
P.O. Box 1258
Weaverville, CA 96093
(530) 623-1220
www.trinitycounty.org

TULARE COUNTY
221 S. Mooney Boulevard, Room G-28
Visalia, CA 93291
(559) 733-6275
www.tularecoauditor.org/elections

TUOLUMNE COUNTY
2 S. Green Street
Sonora, CA 95370
(209) 533-5570

VENTURA COUNTY
800 S. Victoria Avenue
Ventura, CA 93009
(805) 654-2781
www.ventura.org/election/elecidx.htm

YOLO COUNTY
625 Court Street, Room B05
P.O. Box 1820
Woodland, CA 95776
(530) 666-8133
www.yoloelections.org

YUBA COUNTY
935 14th Street
Marysville, CA 95901
(530) 741-6341



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