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California signature requirements
Contents |
Signature requirements
In California, the number of signatures needed to qualify a measure for the ballot is based on the total number of votes cast for the office of Governor. For initiated constitutional amendments, petitioners must collect signatures equal to 8% of the most recent gubernatorial vote. To place a statute or veto referendum on the ballot, signatures equal to 5% of this vote are required.
| Year | Amendment | Statute | Veto referendum |
|---|---|---|---|
| 2011-2014 | 807,615 | 504,760 | 504,760 |
| 2007-2010 | 694,354 | 433,971 | 433,971 |
| 2003-2006 | 598,105 | 373,816 | 373,816 |
| 1999-2002 | 670,816 | 419,260 | 419,260 |
| 1995-1998 | 693,230 | 433,269 | 433,269 |
| 1991-1994 | 615,958 | 384,974 | 384,974 |
| 1987-1990 | 595,485 | 372,178 | 372,178 |
| 1983-1986 | 630,135 | 393,835 | 393,835 |
| 1979-1982 | 553,790 | 346,119 | 346,119 |
| 1975-1978 | 499,846 | 312,404 | 312,404 |
| 1971-1974 | 520,806 | 325,504 | 325,504 |
See law: California Constitution, Article II, Section 8 (b)
Basis of calculation
In 2010, a total of 10,094,839 votes were cast for the Office of Governor[1].
Filing deadlines
Supporters are given a maximum of 150 days to circulate petitions and collect signatures from the time that the California Attorney General has reviewed their initiative wording and provided a ballot title. Regardless of when the circulation period starts, 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, according to Article II, Section 8 of the California Constitution.
The California Secretary of State's office recommends that supporters consider shortening the circulation period "in order to ensure that the proposed initiative measure qualifies at least 131 days before the next statewide election."[2]
Suggested deadlines
- See also: List of California ballot propositions
The California Secretary of State prepares a "suggested initiative deadlines" document from time-to-time that by working backward from the final deadline through the various steps in the qualification process produces a list of suggested deadlines for the various steps required. The document is prefaced with a disclaimer, "The following suggested deadlines are not substitutes for California election laws, regulations, or policy. 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."[3]
The following suggested deadlines are divided by random sample and full check methods of verification. If a ballot measure is able get 110% of the signatures required, it qualifies for verification by a random sampling. If the random sampling shows that less than 95% of the signature are valid, the measure is not certified. If the sampling shows that between 95% and 110% of the signatures are valid, county elections officials must verify every signature. If the sampling shows more than 110% valid signatures, the measure is certified for the ballot. If petitioners submit a ballot measure on the random sample schedule and that measure requires a full check, the measure will be delayed until the next ballot.[3][4]
2012
November 6 general
| Verification procedure | Request title | Title issued, circulation begins | File signatures with counties | Raw count completed | SOS notifies counties | Counties certify results to SOS | SOS announces if 100% count required | 100% signature check completed | SOS announces fate |
|---|---|---|---|---|---|---|---|---|---|
| Random sample | September 30, 2011 | November 22, 2011 | April 20, 2012 | May 2, 2012 | May 11, 2012 | June 25, 2012 | June 28, 2012 | NA | NA |
| Full check | August 11, 2011 | October 4, 2011 | March 2, 2012 | March 14, 2012 | March 23, 2012 | May 4, 2012 | May 14, 2012 | June 26, 2012 | June 28, 2012 |
June 5 primary
Note: With the enactment of California Senate Bill 202, signed by Jerry Brown on October 7, there will only be two initiatives on the June 5, 2012 ballot in California. These are two initiatives that qualified for the ballot prior to the enactment of SB 202. The dates and deadlines in the chart below are no longer relevant for petition drives in California, since it is no longer possible, due to SB 202, for an initiative to qualify for the June 5 ballot.
| Verification procedure | Request title | Title issued, circulation begins | File signatures with counties | Raw count completed | SOS notifies counties | Counties certify results to SOS | SOS announces if 100% count required | 100% signature check completed | SOS announces fate |
|---|---|---|---|---|---|---|---|---|---|
| Random sample | May 4, 2011 | June 24, 2011 | November 21, 2011 | December 5, 2011 | December 8, 2011 | January 24, 2012 | January 26, 2012 | NA | NA |
| Full check | March 4, 2011 | April 26, 2011 | September 23, 2011 | October 5, 2011 | October 14, 2011 | November 30, 2011 | December 7, 2011 | January 23, 2012 | January 26, 2012 |
February 7 presidential primary
Note: This timeline was prepared by the California Secretary of State before the State of California decided that there would not be a February 2012 presidential primary. Since that primary was moved to the regular June ballot, this chart is included here for historical purposes only.
| Verification procedure | Request title | Title issued, circulation begins | File signatures with counties | Raw count completed | SOS notifies counties | Counties certify results to SOS | SOS announces if 100% count required | 100% signature check completed | SOS announces fate |
|---|---|---|---|---|---|---|---|---|---|
| Random sample | December 31, 2010 | February 22, 2011 | July 22, 2011 | August 3, 2011 | August 12, 2011 | September 27, 2011 | September 29, 2011 | NA | NA |
| Full check | November 10, 2010 | January 4, 2011 | June 3, 2011 | June 15, 2011 | June 20, 2011 | August 2, 2011 | August 12, 2011 | September 27, 2011 | September 29, 2011 |
2010
November 2 general
| Verification procedure | Request title | Title issued, circulation begins | File signatures with counties | Raw count completed | SOS notifies counties | Counties certify results to SOS | SOS announces if 100% count required | 100% signature check completed | SOS announces fate |
|---|---|---|---|---|---|---|---|---|---|
| Random sample | September 25, 2009 | November 17, 2009 | April 16, 2010 | April 28, 2010 | May 7, 2010 | June 21, 2010 | June 24, 2010 | NA | NA |
| Full check | August 6, 2009 | September 29, 2009 | February 26, 2010 | March 10, 2010 | March 18, 2010 | April 30, 2010 | May 9, 2010 | June 21, 2010 | June 24, 2010 |
June 8 primary
| Verification procedure | Request title | Title issued, circulation begins | File signatures with counties | Raw count completed | SOS notifies counties | Counties certify results to SOS | SOS announces if 100% count required | 100% signature check completed | SOS announces fate |
|---|---|---|---|---|---|---|---|---|---|
| Random sample | April 29, 2009 | June 19, 2009 | November 16, 2009 | November 30, 2009 | December 9, 2009 | January 25, 2010 | January 28, 2010 | NA | NA |
| Full check | March 6, 2009 | April 28, 2009 | September 25, 2009 | October 7, 2009 | October 15, 2009 | December 1, 2009 | December 10, 2009 | January 26, 2010 | January 28, 2010 |
Recall
- For recall, there must be a filing of a notice-of-intent-to-recall petition signed by 65 voters.
Once the actual petition is circulated, signatures must equal 12% (20% for state legislators) of the last vote for the offical being recalled, including voters from each of five counties equal in number to 1% of the last vote for the office in that county.
Signature verification
Once proponents of an initiatives have collected their signatures, they submit the signatures to the election division of each county where signatures were collected. Once the signatures are filed, county election officials have eight working days to:
- Determine the total number of signatures submitted in their county.
- Report the total to the California Secretary of State.
Raw count
After the Secretary of State has collected reports from the counties around the state where signatures were filed, he or she must determine whether the raw count of signatures as provided by county officials adds up to at least 100% of the required number of signatures. If the raw count does not total the minimum number of required signatures, the Secretary of State is required to mmediately notify the appropriate county officials that the initiative has failed and that they need take no further action on it.
Random sample
If the raw count of signatures does equal 100% (or more) of the total number of signatures needed to qualify the proposition, the Secretary of State notifies county officials that they are to inspect some of the signatures in their care for validity within 30 working days. Specifically, the county officials are to use a random sampling procedure to choose the greater of 500 signatures or 3% of the signatures filed in their county; and they then must determine how many of those signatures are valid. (In counties where 500 or fewer signatures were submitted, the county must inspect all the signatures for validity.)
Once a county election department has inspected the required number of signatures, they are to report to the Secretary of State the percentage of valid signatures they discovered. For example, if a county inspects 500 signatures and determines that 400 of those signatures are valid, they would report that they had found a validity rate of 80%.
The 95%-110% rule
After the Office of the Secretary of State has collected information about validity rates from all counties where signatures were filed, the office applies a formula to determine the statewide total of valid signatures.
- If this calculation determines that the number of valid signatures is less than 95% of the number of required signatures, the Secretary of State issues a "failure notice", which declares that the proposition has failed to qualify for the ballot.
- If the calculation determines that the number of valid signatures is greater than 110% of the required number of signatures, the Secretary of State as per Section 9030 and 9033 determines that the proposition has qualified for the ballot "without further verification".
Full check
However, if the calculation by the Secretary of State determines that the number of valid signatures on the petition falls somewhere between 95%-110%, the Secretary of State then must direct election officials in counties where signatures were filed to inspect every single signature filed in their county for validity. This process is known as the "full check." County election officials are required to complete the full check within 30 working days of the time that they receive a notification from the Secretary of State saying they need to perform a full check.
Because it takes much longer to qualify a petition for the ballot if the number of signatures is determined in the random sampling procedure to fall within the 95%-110% range than if the number of signatures is determined to be higher than 110% of those required, petition sponsors are encouraged either to collect enough signatures to go over the 110% threshold, or to allow plenty of additional time if it is likely they will fall within the 95%-110% window.
See also
External links
- How to Qualify an Initiative from the Secretary of State
- NCSL signature chart for 2008
- Recall in California from Berkeley.edu
- I&R Petition Signature Requirements from the California Secretary of State
- California signature requirements collated by the Citizens in Charge Foundation
References
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