Chapter 7. General Provisions of California Elections Code >> Division 9. >> Chapter 7.
All arguments concerning measures filed pursuant to this
division shall be accompanied by the following form statement, to be
signed by each proponent and by each author, if different, of the
argument:
The undersigned proponent(s) or author(s) of the
_____________________
(primary/rebuttal)
argument _______________________
(in favor of/against)
ballot proposition __________________
(name or number)
at the _____________________
(title of election)
election for the ________________
(jurisdiction)
to be held on ________ hereby state
(date)
that this argument is true and correct to the best
of
_________________knowledge and belief.
(his/her/their)
Signed _________________ Date _________________
________________________ ______________________
________________________ ______________________
Notwithstanding any other provisions of this code, whenever
any ballot arguments for or against any measure submitted to the
voters for approval are authorized, these arguments may be withdrawn
by their proponents at any time prior to and including the final date
fixed for filing arguments.
A voter who has signed an initiative or referendum petition,
and who subsequently wishes his or her name withdrawn, may do so by
filing a written request for the withdrawal with the appropriate
elections official that includes the voter's name, residence address,
and signature. This request shall be filed in the elections official'
s office prior to the date the petition is filed. A written request
made under this section shall not constitute a petition or paper for
purposes of Section 104.
(a) Each city, county, school district, community college
district, county board of education, and special district may hold,
at its discretion, an advisory election on any date on which that
jurisdiction is currently permitted to hold a regular or special
election for the purpose of allowing voters within the jurisdiction,
or a portion thereof, to voice their opinions on substantive issues,
or to indicate to the local legislative body approval or disapproval
of the ballot proposal.
(b) An advisory vote will be indicated as a ballot heading, above
the ballot proposal, and by only the following description: "Advisory
Vote Only."
(c) As used in this section, "advisory vote" means an indication
of general voter opinion regarding the ballot proposal. The results
of the advisory vote will in no manner be controlling on the
sponsoring legislative body.
(d) An advisory election may be held in territory outside of the
jurisdiction of the local entity calling the advisory election if the
ballot proposal affects the residents of the territory. The
sponsoring legislative body shall determine the territory in which
the advisory election shall be held. However, the conduct of an
advisory election in territory outside of the jurisdiction of the
local entity shall only be held if all of the following conditions
are met:
(1) A regular election or special election is to be held in that
territory.
(2) The advisory election can be consolidated with it.
(3) The board of supervisors of the county in which the outside
territory is located approves the consolidation.
(e) An advisory election shall not be consolidated with an
election if the ballot's capacity will be exceeded because of the
addition of the advisory election.
(a) Notwithstanding any other law, any person may engage in
good faith bargaining between competing interests to secure
legislative approval of matters embraced in a statewide or local
initiative or referendum measure, and the proponents may, as a result
of these negotiations, withdraw the measure at any time before
filing the petition with the appropriate elections official.
(b) In addition to the procedure under subdivision (a), the
proponents of a statewide initiative or referendum measure may
withdraw the measure after filing the petition with the appropriate
elections official at any time before the Secretary of State
certifies that the measure has qualified for the ballot pursuant to
Section 9033.
(c) Withdrawal of a statewide initiative or referendum measure
shall be effective upon receipt by the Secretary of State of a
written notice of withdrawal, signed by all proponents of the
measure.
(d) Withdrawal of a local initiative or referendum measure shall
be effective upon receipt by the appropriate local elections official
of a written notice of withdrawal, signed by all proponents of the
measure.
Notwithstanding any other provision of law, whenever a
legislative body has ordered that a measure or proposal be submitted
to the voters of any jurisdiction at a special election, the order of
election shall not be amended or withdrawn after the 83rd day prior
to the election.
The order of election shall be amended or withdrawn upon the
filing of a resolution by the legislative body stating the specifics
concerning the amendment or withdrawal. The resolution shall be filed
with the election official not later than the 83rd day prior to the
election.
A county elections official who is required, pursuant to this
division, to examine signatures on an initiative, referendum,
recall, nomination, or other election petition, may employ temporary
assistants, as required, to complete the necessary procedure. The
costs for the temporary assistants shall be paid by the jurisdiction
in which the election on the proposition is intended to be held.
The proponents of an initiative measure shall ensure that any
person, company, or other organization that is paid, or who
volunteers, to solicit signatures to qualify the proposed measure for
the ballot shall receive instruction on the requirements and
prohibitions imposed by state law with respect to circulation of the
petition and signature gathering thereon, with an emphasis on the
prohibition on the use of signatures on an initiative petition for a
purpose other than qualification of the proposed measure for the
ballot.
(a) A proponent of an initiative measure shall execute and
submit, along with the request for a title and summary for the
proposed measure, a signed statement that reads as follows:
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 Proponent)
Dated this ________ day of __________, 20___
(b) The certification required by subdivision (a) shall be kept on
file by the agency authorized to prepare the title and summary for
the proposed initiative measure for not less than eight months after
the certification of the results of the election for which the
measure qualified, or if the measure, for any reason, is not
submitted to the voters, eight months after the deadline for
submission of the petition to the elections official.
(c) Failure to comply with this section shall not invalidate any
signatures on a state or local initiative petition.
(a) 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 proponents a signed statement that reads as
follows:
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 Official)
Dated this ________ day of __________, 20___
(b) The certification required by subdivision (a) shall be kept on
file by the proponents of the proposed initiative measure for not
less than eight months after the certification of the results of the
election for which the measure qualified, or if the measure, for any
reason, is not submitted to the voters, eight months after the
deadline for submission of the petition to the elections official.
(c) Failure to comply with this section shall not invalidate any
signatures on a state or local initiative petition.
(a) Prior to soliciting signatures on an initiative petition,
a circulator shall execute and submit to the person, company
official, or other organizational officer who is in charge of
signature gathering a signed statement that reads as follows:
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___
(b) The certification required by subdivision (a) shall be kept on
file by the person, company official, or other organizational
officer who is in charge of signature gathering for the proposed
initiative measure for not less than eight months after the
certification of the results of the election for which the measure
qualified, or if the measure, for any reason, is not submitted to the
voters, eight months after the deadline for submission of the
petition to the elections official.
(c) This section shall not apply to unpaid circulators of state or
local initiative petitions.
(d) Failure to comply with this section shall not invalidate any
signatures on a state or local initiative petition.