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HomeMy WebLinkAboutNotice of Intent to Circulate Petition to eliminate dangerou City Of Huntington Beach 2000 Main Street o Huntington Beach, CA 92648 (714) 536-5227 ® www.huntingtonbeachca.gov Office of the City Clerk 11,1909, Robin Estanislau, City Clerk June 12, 2018 Mr. Daniel Horgan 213 Wichita Avenue, #203 Huntington Beach CA 92647 Subject: Petition to gather signatures in support of the proposed ballot measure titled: Ban the Possession and Sale of Semi-Automatic and Automatic Guns and Rifles in Huntington Beach Dear Mr. Horgan, I am writing to inform you that, in compliance with the California Elections Code, the circulation timeframe of 180 days for the above-titled measure has passed. Since you did not file the petition in my office prior to the circulation deadline, the petition is now void for all purposes. The circulation period is based on the following: • December 4, 2017— Delivery of Ballot Title and Summary to proponent • June 4, 2018—5:00 p.m., end of 180-day circulation period The corresponding section of the California Elections Code is found in Division 9, Chapter 3, Article 1: Section 9208 Signatures upon petitions and sections of petitions shall be secured, and the petition, together with all sections of the petition shall be filed within 180 days from the date of receipt of the title and summary, or after termination of any action for a writ of mandate pursuant to Section 9204, and, if applicable, after receipt of an amended title or summary or both, whichever occurs later. Petitions and sections thereof shall be filed in the office of the elections official during normal office hours as posted. If the petitions are not filed within the time permitted by this section the petitions shall be void for all purposes. (Enacted by Stats. 1994, Ch. 920,Sec. 2.) If you have any questions, or if I can be of service in the future, please give me a call at 714-536-5405. Sincerely, Ro in Estanislau, CIVIC City Clerk Sister Cities: Anjo,Japan 4 Waitakere,New Zealand 6/1/2018 Huntington Beach asks court to dismiss its lawsuit challenging resident's petition for local gun ban SUBSCRIBE TOPICS9 LAG r 4-vvie-eks for only TRIAL_ OFFER 14 weeks for 99st DAILY PILOT The Internet can't get enough of Hate on Jordan Peterson all you Villaraigosa scrambles JR Smith's Game 1 blunder — 0 want, but he's tapping into past Tuesday's F and LeBron James' reaction to it frustration that feminists... for California go' DAILY PILOT NEWS DAILY PILOT S 0 C A L Huntington Beach asks court to dismiss its 'lawsuit challenging residentspetition for local gun ban By PRISCELLA VEGA MAY 31, 2018 1 3:05 PM M i y -z n t a aiyil�+�4 s� Maf Ir' il i1P iiM. Huntington Beach City Attorney Michael Gates has asked for dismissal of the city's lawsuit seeking to http://www.latimes.com/socal/daily-pilot/news/tn-dpt-me-injunction-20180531-story.html 1/6 6/1/2018 Huntington Beach asks court to dismiss its lawsuit challenging resident's petition for local gun ban stop resident Daniel Horgan from circulating a petition to put a local gun ban on the November ballot after learning that Horgan wouldn't submit signatures from the petition. (File Photo) 91 The city of Huntington Beach is asking for dismissal of its Orange County Superior Court lawsuit seeking to stop a resident who was trying to put a proposed local gun ban on.the city's Nov. 6 election ballot. City Attorney Michael Gates said he submitted the request Wednesday after receiving an email from Jerry Friedman, the attorney for resident Daniel Horgan, saying Horgan wouldn't submit signatures from his gun petition, making the case moot. Gates' request comes about a month after he filed a lawsuit April 24 contending that the petition by Horgan, a local real estate agent and mortgage broker, was "unconstitutional, invalid and not entitled to a place on the ballot." n Horgan's proposed law would make possession and sale of semiautomatic and automatic firearms in Huntington Beach a felony by April 1. Such weapons already in circulation would have to be surrendered to the Police Department by Jan. 1, though there would be a three-month probationary period to comply. v In a notice of intent to circulate the petition that Horgan filed with the city in November, he called such weapons "a clear and imminent danger to our community." Gates' suit contended the petition placed the city at odds with the Constitution's Second Amendment, which protects the right to keep and bear arms. Gates also argued the proposal wasn't presented as legislation the city could adopt. A case management hearing on the issue was scheduled for June 4 in Superior Court but no longer appeared on the docket Thursday. According to city officials, Horgan's Committee to Reduce Gun Violence, which has three members, needs about 12,000 signatures from Huntington Beach registered http://www.latimes.com/socal/daily-pilot/news/tn-d pt-me-injunction-20180531-story.html 2/6 6/1/2018 Huntington Beach asks court to dismiss its lawsuit challenging resident's petition for local gun ban voters by Saturday for the measure to qualify for the November ballot. Horgan said Thursday that the petition had 587 signatures and that he had given up on collecting more. He called his proposal "too extreme" and said he doesn't anticipate taking further action immediately. But he added that "changes in society" are needed and that he plans to champion that effort. On May 17, Friedman filed an anti-SLAPP motion on Horgan's behalf, saying Huntington Beach was violating his client's free-speech rights by trying to stop the petition. SLAPP stands for "strategic lawsuit against public participation" and is considered an attempt to intimidate critics by burdening them with the costs of a legal defense. California is one of 28 states that have anti-SLAPP laws. Friedman, who is running for Gates' seat in this year's election, contended the city did not face injury while Horgan was collecting signatures and thus shouldn't have filed a lawsuit filed against his client. In an interview Thursday, Friedman said they might move forward with the anti- SLAPP motion, depending on whether the court.approves the city's request for dismissal of the lawsuit. If it is granted, Friedman said, the case would end and the sides would deliberate over attorney fees. "The city dismissed its own lawsuit a month after they filed it," Friedman said. "Had they waited a month, they would have saved my client from the anguish of being sued by his own city, saved the court from the hassle of a doomed lawsuit and saved themselves from the wasted city resources and embarrassment of violating my client's right to petition." Gates has said he has a legal duty to uphold the Constitution and was looking to the court for direction since such a "flagrantly unconstitutional proposal" places city leaders in a"tough spot." If the anti-SLAPP motion moves forward, Gates said, the city remains confident in its case and believes the motion "has little merit." An anti-SLAPP hearing is scheduled for June 22 in Superior Court. F,ft. /hen. 1.firnoc inrtinn-7n1Rf1531-ctnrv.html 3/6 6/1/2018 Huntington Beach asks court to dismiss its lawsuit challenging resident's petition for local gun ban Huntington Beach's lawsuit received mixed reactions from legal experts and community members. UC Irvine law professor Richard Hasen said the city was "using a very large weapon against a weak threat," while USC law professor Michael Jenkins said "there's nothing illegal" about it and that a goal of blocking a proposal that is "clearly and unequivocally invalid" could be to avoid "wasting everyone's time and money on an unnecessary election." Priscella Vega y In B Priscella Vega is the Huntington Beach reporter for the Daily Pilot.Before joining the Pilot in February 2017,she worked for the Daily Breeze covering the Palos Verdes Peninsula and for the Long Beach Press-Telegram as a general assignment intern.She earned her journalism degree from Cal State Long Beach.(714)966-4617 BE THE FIRST TO COMMENT LATEST DAILY PILOT Tips and tricks to land cheap flights -111060mI M01 NEWS N.Y. senate leader says Legislature must bet on sports gambling 9m Hampton police charge owner in deadly pitbull attack 14m 1 SPORTS SEE IT. French Open ball boy gets leveled by Bosnian tennis player Damir Dzumhur 29m httn,//vAA/w.latimPc cnm/cnrnl/riaily-nilnt/nawc/tn-rint-mP-inii inrtinn-9M RnF31-ctnry html A/a 6 1/4 ji • Initiative Measure to be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: BALLOT TITLE AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SALE OF SEMI-AUTOMATIC AND AUTOMATIC GUNS AND RIFLES IN HUNTINGTON BEACH BALLOT SUMMARY This initiative measure seeks to create a law to ban the possession and sale of semi-automatic and automatic guns and rifles in the City of Huntington Beach. The stated intent of this purposed law is that residents of Huntington Beach agree that semi-automatic and automatic guns and rifles are a clear and imminent danger to the community. The law would require that all semi-automatic and automatic guns and rifles be turned in to the City of Huntington Beach Police Department by January 1,2019. The proposed new law would allow a 3-month probationary period to meet the deadline. As of April 1, 2019, the new law would make it a felony to own, sell, or possess any and all semi-automatic and automatic guns and rifles within the border of the City of Huntington Beach. NOTICE OF INTENTION TO CIRCULATE PETITION Notice is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington Beach for the purpose of eliminating dangerous weapons that are in the possession of citizens and local businesses. A statement of the reasons of the proposed action as contemplated in the petition is as follows: The citizens of Huntington Beach propose a ban on the possession and sale of semi-automatic and automatic guns and rifles. The citizens of Huntington Beach agree that these weapons are a clear and imminent danger to our community. All semi-automatic and automatic guns and rifles shall he turned into the City of Huntington Beach Police Department effective January 1,2019. p There will be a 3 month probationary period to meet this deadline. As of April 1,2019,it will be a felony to own,sell,or possess any and all semi-automatic and automatic guns and rifles within City limits. Notice is hereby given of a request for the preparation,by the City Attorney,of a ballot title and summary. Proponent of Measure:Daniel Horgan, 215 Wichita Ave.,Ste 203,Huntington Beach,CA 92648. 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 OTHER PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINTS ABOUT THIS MISUSE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. for official use only u I (Print Your Name) (Residence Address ONLY) ¢y, z O (Signature--sign as registered to vote) (City and Zip Code) E Ov zZ (Print Your Name) (Residence Address ONLY) O (Signature--sign as registered to vote) (City and Zip Code) x DECLARATION OF CIRCULATOR(To be completed in circulator's own hand after the above signatures have been obtained.) 1, (full given name, including middle name or initial) am 18 years old, registered to vote or am qualified to vote in Huntington Beach, California, County of Orange. My residence address is (street and number, city, state, zip): I personally circulated this petition and witnessed each of the appended signatures being written on the petition and, to my best information and belief, each signature is the genuine signature of the person whose name it purports to be. The appended signatures were obtained between the dates of /_/_and (starting date) (ending date) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on(date) at (city) , California "IMPORTANT" (signature--full given name of circulator,including middle name or initial) THE ABOVE SECTION OF'DECLARATION OF CIRCULATOR"MUST ALSO BE COMPLETED AND SIGNED BY YOU OR WHOMEVER WITNESSED THE SIGNING OF EACH SECTION. PLEASE FEEL FREE TO MAKE A COPY AND COLLECT MORE SIGNATURES AND/OR MAIL IN A DONATION TO HELP CONTINUE THIS EFFORT(not to exceed $560 please PLEASE UNDERSTAND WE ARE LIMITED ON FINANCIAL RESOURCES,PLEASE L PLACE YOUR SIGNED PETITION INTO AN ENVELOPE AND MAIL BACK TO US --CMTE TO REDUCE GUN VIOLENCE, PO BOX 374, CA 92648 THANK YOU,LETS STAND UP FOR PEACE AND AG T THE PROLIFERATION OF THESE OUTRAGEOUS FIREARMS! CMTEREDUCEGUNS@GMAIL.CO % / �/ 41 r� ®�7L /2 Initiative Measure to be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: BALLOT TITLE AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SALE OF SEMI-AUTOMATIC AND AUTOMATIC GUNS AND RIFLES IN HUNTINGTON BEACH BALLOT SUMMARY This initiative measure seeks to create a law to ban the possession and sale of semi-automatic and automatic guns and rifles in the City of Huntington Beach. The stated intent of this purposed law is that residents of Huntington Beach agree that semi-automatic and automatic guns and rifles are a clear and imminent danger to the community. The law would require that all semi-automatic and automatic guns and rifles be turned in to the City of Huntington Beach Police Department by January 1,2019. The proposed new law would allow a 3-month probationary period to meet the deadline. As of April 1,2019,the new law would make it a felony to own,sell,or possess any and all semi-automatic and automatic guns and rifles within the border of the City of Huntington Beach. NOTICE OF INTENTION TO CIRCULATE PETITION Notice is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington Beach for the purpose of eliminating dangerous weapons that are in the possession of citizens and local businesses. A statement of the reasons of the proposed action as contemplated in the petition is as follows: The citizens of Huntington Beach propose a ban on the possession and sale of semi-automatic and automatic guns and rifles. The citizens of Huntington Beach agree that these weapons are a clear and imminent danger to our community. All semi-automatic and automatic guns and rifles shall be turned into the City of Huntington Beach Police Department effective January 1,2019. There will be a 3 month probationary period to meet this deadline. As of April 1,2019,it will be a felony to own,sell,or possess any and all semi-automatic and automatic guns and rifles within City limits. Notice is hereby given of a request for the preparation,by the City Attorney,of a ballot title and summary. Proponent of Measure:Daniel Horgan, 215 Wichita Ave.,Ste 203,Huntington Beach,CA 92648. 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 OTHER PURPOSE OTHER THAN QUALIFICATION OF THIS MEASURE FOR THE BALLOT IS A MISDEMEANOR. COMPLAINTS ABOUT THIS MISUSE OF YOUR SIGNATURE MAY BE MADE TO THE SECRETARY OF STATE'S OFFICE. for official use only x 1 (Print Your Name) (Residence Address ONLY) >- m^a Signature--sign as registeredto vote) (City and Zip Code) z CIO 2 (Print Your Name) (Residence Address ONLY) O (Signature--sign as registered to vote (City and Zip Code) x DECLARATION OF CIRCULATOR(To be completed in circulator's own hand after the above signatures have been obtained.) 1,(full given name,including middle name or initial) am 18 years old,registered to vote or am qualified to vote in Huntington Beach,California, County of Orange.My residence address is(street and number,city,state,zip): I personally circulated this petition and witnessed each of the appended signatures being written on the petition and,to my best information and belief,each signature is the genuine signature of the person whose name it purports to be. The appended signatures were obtained between the dates of_/ /_and / /_ (starting date) (ending date) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.Executed on(date) at(city) California **IMPORTANT** (signature--full given name of circulator,including middle name or initial) THE ABOVE SECTION OF"DECLARATION OF CIRCULATOR"MUSTALSO BE COMPLETED AND SIGNED BY YOU OR WHOMEVER WITNESSED THE SIGNING OF EACH SECTION PLEASE FEEL FREE TO MAKE A COPY AND COLLECT MORE SIGNATURES AND/OR MAIL IN A DONATION TO HELP CONTINUE THIS EFFORT(not to exceed$560 please) PLEASE UNDERSTAND WE ARE LIMITED ON FINANCIAL RESOURCES,PLEASE PLACE YOUR SIGNED PETITION INTO AN ENVELOPE AND MAIL BACK TO US TO: CMTE TO REDUCE GUN VIOLENCE,PO BOX 374,HB,CA 92648 THANK YOU,LETS STAND UP FOR PEACE AND AGAINST THE PROLIFERATION OF THESE OUTRAGEOUS FIREARMS! CMTEREDUCEGUNS@GMAIL.COM I 7?w Intitiative Measure to be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: BALLOT TITLE AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SALE OF SEMI-AUTOMATIC AND AUTOMATIC _ GUNS AND RIFLES IN HUNTINGTON BEACH BALLOT SUMMARY \ This initiative measure seeks to create a law to ban the possession and sale of semi-automatic and automatic guns and rifes in the City of Huntington Beach. The stated intent of this purposed law is that residents of Huntington Beach agree that semi-automatic and automatic guns and rifles are a clear and imminent danger to the community. The law would require that all semi-automatic and automatic guns and rifles be turned in to the City of Huntington Beach Police Department by January 1,2019. The proposed new law would allow a 3-month probationary period to meet the deadline. As of April 1,2019,the new law would make it a felony to own,sell,or possess any and all semi-automatic and automatic guns and rifles within the border of the City of Huntington Beach. NOTICE OF INTENTION TO CIRCULATE PETITION Notice is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington Beach for the purpose of eliminating dangerous weapons that are in the possession of citizens and local businesses. A statement of the reasons of the proposed action as contemplated in the petition is as follows: The citizens of Huntington Beach propose a ban on the possession and sale of semi-automatic and automatic guns and rifles. The citizens of Huntington Beach agree that these weapons are a clear and imminent danger to our community. All semi-automatic and automatic guns and rifles shall be turned into the City of Huntington Beach Police Department effective January 1,2019. There will be a 3 month probationary period to meet this deadline. As of April 1,2019,it will be a felony to own,sell,or possess any and all semi-automatic and automatic guns and rifles within City limits. Notice is ereb?�p'ven of a request for the preparation,by the City Attorney,of a ballot title and summary. Proponent of Measur DanIAdrgan,215 Wichita Ave.,Ste 203,Huntington Beach,CA 92648. NOTICE TO THE PUBLIC: THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE Trs/u. GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK. for official use only x 1 (Print Your Name) Residence Address ONLY) to m z (Signature--sign as registered to vote) City and Zip Code) '" W90 2 (Print Your Name) Residence Address ONLY) to �zo 5 ignature--sign as registered to vote) (City and Zip Code) 4 or tho �obEtainted IONOF&IGNOIt(To be completed in or's own hand after the above signatures have been b�o, including middle name or initial) registered to vote or am qualified to vote in Huntington Beach,California,County of Orange. My residence address / a street and number,city,state,zip): GQa'S I personally thts petttlon and witnessed each of the appended signatures being written on the petition and,to my r best inform tion and belief,each signature is the genuine signature of the person whose name it purports to be. The appended si natures were obtained between the dates of / / and (starting date) (ending date) I declare un ler penalty of perjury under the laws of the State of California that the foregoing is true and convect. Executed o (date) at(city) ,California (signature--full given name of circulator,including middle name or initial) rI AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) Proof of Publication ) ss. County of Orange ) Notice of Intent to Circulate Petition Notice is hereby given by the Per 6on whose name pppears hereon of I am a citizen of the United States and a resident his Intention to circulate a petit on within the City of Huntington Beach for the purpose of ellfalnatip datgerous weapons that are in reasons ofsthe proposed action asacontemplated In statement of as of the County aforesaid; I am over the age of follows: eighteen years, and not a party to or interested in sale of semi automatic land automatic guns and r INS, POrhe citiz ns of Hunt nitdgapsnr Beato ch iaggrree that these weapons are a clear and Imml- the above entitled matter. I am the principal clerk All semi-automatic and automatic guns and rifles shall be turned Into the City of Huntington Beach Police ddepartment effective January 1, of the Huntington Beach Wave, a newspaper 2019. There will be a 3 month probationary period to meet this dead- line. As of April 1,2019,itavlll be a felon 10 own,sell,or possess any and all semi-automatic an automatic guns and rifles within city lim- that has been adjudged to be a newspaper of Its. Notice Is also hereb Iven of a request for preparation, by the City general circulation by the Superior Court of the Attorney,of a ballot title and summary. Proponent of measure: Daniel Horgan,21SWlchita Ave#203, County of Orange, State of California,on July 1, Huntington Beach,CA 9p2648 aheecl chief Attorney has V,r sofred the fpropolio meusutle and summary of 1998, Case No. A-185906 in and for the City of BALLOT TITLE Huntington Beach, County of Orange, State Of AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SALE OF SEMI-AUTOMATIC BEACIH AND AUTOMATIC GUNS AND RIFLES IN California; that the notice, of which the annexed HUNTINBALLOT SUMMARY lon is a true printed copy,has been published in each This initiative measure seeks to create a law to ban the n the City of d saleunti of s r itch matic and automatic guns and ri leg n the City regular and entire issue of said newspaper and The stated Intent se l Proposed law asthma residents of Huntington not in any supplement thereof on the following Blear and Imminent danger to theecommunity�tle guns and rifles ore a The low would tu require that all of Huntington and automatic guns dates,to wit: and rifles be turned In to the City of Hunflnnew Beach Police ow art- ment by January 1, 2019. The pro Deed new law would allow a 3- month probationary Period to meet the deadline. As of April 1,2019, 2017 the new law would make It a felony to own,sell,or possess any and all December 14 semiautomatic and automatic guns and rifles within the border of the Clly of Huntington Beach. "I certify (or declare) under the penalty of CERTIFICATION perjury under the laws of the State of California olncmrtIn conformance withr3eOW hereby submitted the Elecdtions Code of the State of California. that the foregoing is true and correct": Publish:The Huntington Beach Wave December id,2017 11050230 Executed at Santa Ana, Orange County, California,on Decembe 14,2017 A lV Signature Huntington Beach Wave 2190 S.Towne Centre Pl. Anaheim,CA 92806 (714)796-2209 I i AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, ) Proof of Publication ss. County of Orange ) Notice of intent to Circulate petition --- Notice is hereby give by the Person whose name upppears hereon of' his Intention to circulate a petition within the Cliy of Huntington the possession Purpose citizenseandl local business A statement of tliie I am a citizen of the United States and a resident reasons of the proposed action as cantemalaes. In the petition Is he followsas of the County aforesaid; I am over the age of The citizens of Huntington Beach propose a ban on the possession and sale of semi-automatic and automatic guns and rifles. The citizens of eighteen years and not a party to of interested in Hunt Man Beach agree that these weapons are a clear and Immi- rent%anger to Our community. All semhautomotic and automatic guns and rifles shall be turned Into the above entitled matter.I am the principal clerk the City of Huntington Beach Police department effective Janus y 1, 2019. There will be 999q 3 month probatlonary period fcc meet this dead. line. As of April 1,2019,It will be a felony to own,set or Possess any of the Huntington Beach Wave, a newspaper and all semiautomayyltic It& and automatic guns antl rifles within city Ilm- that has been adjudged to be a newspaper of Notice eeIs also of b erebllot ,?,I and sum .request for preparation, by the City Attorngeneral circulation by the Superior Court of the Prow setof mewsn Beach,re:CA Daniel Horgan,215 Wichita Ave A203, HuntiCounty of Orange, State of California,On July I, The Cif Attorney has prepared the following title and summary of the chlelpurpose and p01r15 of the proposed measure: 1998, Case No. A-185906 in and for the City of BALLOTTITLE OF INITIATIVE ANDTAUTOMATICPGUNS AND RIFDLES IN Huntington Beach, County of Orange, State Of HUNTINGTON BEACH California; that the notice, of which the annexed BALLOTSUMMARY This Initiative tn easure seeks to create a law to ban the session is a true printed copy,has been published in each of Huniin5ion Beosnomalic and automatic guns and rules Iolne City The stated intent of nthis Proposed law Is that residents of Hu tington regular and entire issue of said newspaper and Bleach agree thatneaan9er fo ti and automatic guns and r I es are y. not in any supplement thereof on the following The law would require that all semi-automatic and automatic guns and rifles be turned In to the City of Huntington Beach Police Depart- ment by January 1,2019. The Proposed new law would allow a 3- dates,t0 Wlh the new low would make If atfelonytfoawne selll,or assess any and all semiautomatic and automatic guns and rifles w thin the border of December 14,2017 the City of Huntington Beach. CERTIFICATION "I certify (or declare) under the penalty of This ballot title and summar are hereby submitted to the elections offgfclal In C conformance with action 9203 of the Elections Code of the perjury under the laws of the State of Califomia Publish:Thie Huntington Beach Wave December 14 201711050230 that the foregoing is true and correct": Executed at Santa Ana, Orange County, California,on Decembe 14,2017 Signature Huntington Beach Wave 2190 S.Towne Centre Pl. Anaheim,CA 92806 (714)796-2209 17 7 Notice of Intent to Circulate Petition Notice is hereby given by the person whose name aCity pears hereon of his intention to circulate a petition within the of Huntington Beach for the purpose of eliminating dangerous weapons that are in the possession of citizens and local businesses. A statement of the reasons of the proposed action as contemplated in the petition is as follows : The citizens of Huntington Beach propose a ban on the possession and sale of semi-automatic and automatic guns and rifles. The citizens of Huntington Beach agree that these weapons are a clear and immi- nent danger to our community. All semi-automatic and automatic guns and rifles shall be turned into the City of Huntington Beach Police department effective January 1, 2019. There will be a 3 month probationary period to meet this dead- line. As of April 1, 2019, it will be a felony to own, sell, or possess any and all semi-automatic and automatic guns and rifles within city '° its. x Notice of Intent to Circulate Pet it ion 1. Notice Is hereby given by the person whose name appears hereon Notice is also hereby given of a request for preparation, by the his intention to circulate a petition within the City of Hunting! Attorney, of a ballot title and summary. 47 Beach for the purpose of eliminating dangerous weapons that are n the possession of citizens antl local businesses. A statement of I :< reasons of the proposed action as contemplated in the petition is /allows: The City Attorney has prepared the following title and summar. The citizens of Huntington Beach propose a ban on the possession a sale of semiautomatic and automatic guns and rifles. The citizens the chief purpose and points of the proposed measure: L Huntignion Beach agree that these weapons are a clear and Iran neat danger to our community. All seml-automatic and automatic guns and rifles shall be turned In BALLOT TITLE the CRTherewningtbe o Beach oliicedaartmeenteHemeetJanuar this u line. As of April 1,2019,it will be a felony to own,sell,or possess al AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SI and all sem6automatic and automatic guns and rifles within city lh Its. OF SEMI-AUTOMATIC AND AUTOMATIC GUNS AND RIFLE, Notice is also hereby?,Iv en of a request for preparation, by the Cl HUNTINGTON BEACH _ Attorney,of a ballot title and summary. Proponent of measure: Daniel Horgan,215 Wichita Ave#20J, BALLOT SUMMARY Huntington Beach,CA 92648 The City Attorney has prepared the following title and summary This initiative measure seeks to create a law to ban the passe the chief purpose and points of the proposed measure: and sale of semi-automatic and automatic guns and rifles In the BALLOTTITLE of Huntington Beach. AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SAL OF SEMI-AUTOMATIC AND AUTOMATIC GUNS AND RIFLES I HUNTINGTON BEACH The stated intent of this proposed law is that residents of Huntin BALLOTSUMMARY Beach agree that semi-automatic and automatic guns and rifles c This initiative measure seeks to create a law to ban the Possessic clear and imminent danger to the community. and sale of semi-automatic and automatic guns and rifles In the Cli of Huntington Beach. The law would require that all semi-automatic and automatic The stated Intent of this Proposed law is that residents of Huntingic q Beach agree that semi-automatic and automatic guns and rifles are and rifles be turned in to the City of Huntington Beach Police De ciearand Imminent danger to the community. ment by January 1, 2019. The proposed new law would allow The law would require that all semi-automatic and automatic gu, and rifles be tuinetl In to the City of Huntington Beach Police Depar month probationary period to meet he deadline. As of April 1, meat by January 1, 2019. The proposed new law would allow a month probationary period to meet the deadline. As of April 1,201 the new law would makeitafelonytoown, sell, orpossessanyai the newlawwoulUmakeitafelanvtoowmselhor passess any and a semi-automatic and automatic guns and rifles within the borq semi-automatic antl automatic guns and rifles within the border, g the City of Huntington Beach. the City of Huntington Beach. f CERTIFICATION CERTIFICATION This ballot title and summo Y are hereby submitted to the electorofficial in conformance with Section 9203 of the Elections Code of th State of California. This ballot title and 'Summary are hereby Submitted to the eleL. Publish.-The Huntington Wave December 74,20177105027g official in conformance with Section 9203 of the Elections Code of the State of California. Proponent of measure: Daniel Horgan 215 Wichita Ave#203, Huntington Beach, CA 92648 Publish: The Huntington Beach Wave December 14, 201711050230 2 r Notice is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington Beach for the purpose of eliminating dangerous weapons that are in the possession of citizens and local businesses. A Statement of the reasons of file proposed action as contemplated in the petition is as follows : The citizens of Huntington Beach proposes ban on the possession and sale of semi-automatic and automatic guns and rifles. The citizens of Huntington Beach agree that these weapons are a clear and immi- nent danger to our community. All semi-automatic and automatic guns and rifles shall be turned into the City of Huntington Beach Police department effective January 1, 2019. There will be a 3 month probationary period to meet this dead- line. As of April 1, 2019, it will be a felony to own, sell, or possess any and all semi-automatic and automatic guns and rifles within city lim- its. Notice is also hereby ggiven of a request for preparation, by the City Attorney, of a ballottlile nd summary. 1P O/Cc�r Gi )q Goo/ W��5 S TI36 City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: BALLOT TITLE AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SALE OF SEMIAUTOMATIC AND AUTOMATIC GUNS AND RIFLES IN HUNTINGTON BEACH BALLOT SUMMARY This initiative measure seeks to create a law to ban the possession and sale of semi-automatic and automatic guns and rifles in the City of Huntington Beach. Tile stated intent of this proposed law is that residents of Huntington Beach agree that semi-automatic and automatic guns and rifles are a clear and imminent danger to the community. The law would require that all semi-automatic and automatic guns and rifles beturned in to the City of Huntington Beach Police Depart- ment by January 1, 2019. Tile proposed new law would allow a 3- month probationary period to meet the deadline. As of April 1, 2019, the new law would make Ito felony to own, sell, or possess any and all semi-automatic and automatic guns and rifles within the border of the City of Huntington Beach. CERTIFICATION This ballot title and summary are hereby submitted to the elections official in conformance with Section 9203 of the Elections Code of the State of California. Publish, The Huntington Beach Wave December 14, 201711050230 Ad#11050236 -New Cost$707.55 3 i PROOF OF PUBLICATION 2012JAM 1,11110.. 31 STATE OF �•� �� _ i_-�I_:�-. ---- CALIFORNIA) trtoTtN1f!1! BCButt. now No is)hereby glum by the parson whose ' SS. nam ppears hereon OWN intention to circulate - COUNTY I ie p within the Cry of Huntington Beach OF ORANGE f the purpose of purifying the Property Tax -the r and Protectlm Measure. A statement oo the reasons. of.lAe proposed action as contemplated in the pr8tion rs as follows: ,Huntington Beach rs the only city In Orange am a citizen of the United States and a County that has a poperty tax assessment for the sole purpose o: fundng public employee resident of the county pensions. Further, the pension tax rate can be ty aforesaid; I a increased without a vote of property owners if over the age of eighteen m a simple majority'of the Huntington Beach City Council chooses 0 hbudge.the assessed rate. 9 years, and not Since the 2003/2009'budget year,`thq pension a party to or interested in the notice a The rate has obligations the City of Hun- published. I am a principal clerk of th thgHim Beach 'are'.expected to swell' In the HUNTINGTO H INDEPEND CitycomingCo years,Without taxpayer these protections,the N BEACH to Council can simply pass these Increases on which was adjudged a newspaperEN pe the taxpayers without negotiating for, mat should reform.The as the funding Huntington Beach general circulation on Au of should not be used as;t l funding solution for August 26, 1994, out-of-balance re8rement benefits. Further,the case A50479, for the City Of H Property owners i increases Huntington Beach sbene not {�� be sof ht to tax ontac when the-b100%-of : `7 Huntington ties of share of he cost.- are not paying 100%.of Beach, Count of Orange, their ensure. the costa of California. Attached g and the Stat To I ensure.the taxpayer has adequatepensio- hed to this lion,I believe it is time he eliminate the . The a true and complete Affidavit ' property i tax hem..thagewi charter. The I p ere copy as was pri d elimination of re n language will make certain and published on t the residents are not further burdened,wi h out the fOIIOWIng date( of control pension I int costs. Thinatesa,ny individual to circulate a tax as that ! eliminates'any individual property tax assess- . entJpr the sole purpose of funding'retirement'retirementb benefits. •.Notitt is also hereby'elvan.of a request for Rz Janua 19, preparation,by the City Atterney,of a prbposed l r measure ballot title and summary. Frank Marrell 21181 Shaw Lane' Huntington Beach,CA 92646, BallotTlAe And Summary certify Tiifa:A ballot,measure to amend the Huntington Y ( deela penaltyof Beach' city Charter by repealing section perjury th forego' g I true cWt to thereof;which authorizes o tax state and cient to meet rity's obligations to the state retirement system.' correct. 5ummdrryy: This proposed mesure would repeal Hunting ton'.'8 each`City Charter 'Section 6 7(b)(2), which authorizes a tax'sufficient to meet the city's obligations to the state retire- ' ment system, and thereby eliminate the avenue raised by this tax as a funding source for the Executed on Janua 20 012 meet contractual obligations lo'the'stateretire. ent system.'- - at Costa Mesa, Cal or $ The City Charter requires the city meet participate in a retirement system. on meet this he yuirornia the'city has contracted with the California Publiccontract Retirement System (PERS)a Thepar contract obligation o/ rthe cityapproved to ed PERS is partially funded er i voter approved l tax authorized by the Charter since C least 1966. Section 96.3c.1(1983-8 has limited 8 Taxation Code Section r maxi um has limited the city'to lovyinr$10 of maximum ague to tax of is retire pet syst of assessed value to pay for Its retirement system. For fiscal year 2011-12, the actual tax levy was SI natur $0.015 per$100 of assessed value;which equals 9 $15 per$100,000 of assessed value,and is less than the-maximum rate that the city is au- I thorizedto levy.This measure would repeal.the city's-duty and I authority to, levy this,tax to'Day'the city's obligations under its contract with PERS. The city wouldth remain liable an its contract with PERS,but e measure would eliminate the city's I ability to meet its Obligations by a specific tax levy: Instead, the city's_retirement obligations would be shifted to the general fund,-which Is i the source for.most municipal operations,Includ- ing public safety wind Infrastructure maintenance services. Published Huntington Beach Independent Jan- uary 19,2012 013-784 City of Huntijagton Beach ' 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov FFBT:. Office of the City Clerk Robin Estanislau, City Clerk December 4, 2017 Daniel Horgan 213 Wichita Avenue,#203 Huntington Beach CA 92647 Re: Ballot Title and Summary Prepared by the City Attorney Pursuant to the Notice of Intent to Circulate Petition and Initiative Measure Regarding Proposed Ban on Automatic and Semi-Automatic Guns and Rifles Filed on November 17, 2017 with the City Clerk's Office Mr. Horgan, Please find attached, pursuant to Elections Code §9203,the Ballot Title and Summary prepared by the City Attorney relative to the above-referenced subject. Sincerely, Robin Estanislau, CIVIC City Clerk Enclosure: Ballot Title and Summary Sister Cities: Anjo,Japan 4 Waitakere,New Zealand Initiative Measure to be Submitted Directly to the Voters The City Attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: BALLOT TITLE AN INITIATIVE MEASURE TO BAN THE POSSESSION AND SALE OF SEMI- AUTOMATIC AND AUTOMATIC GUNS AND RIFLES IN HUNTINGTON BEACH BALLOT SUMMARY This initiative measure seeks to create a law to ban the possession and sale of semi- automatic and automatic guns and rifles in the City of Huntington Beach. The stated intent of this proposed law is that residents of Huntington Beach agree that semi-automatic and automatic guns and rifles are a clear and imminent danger to the community. The law would require that all semi-automatic and automatic guns and rifles be turned in to the City of Huntington Beach Police Department by January 1, 2019. The proposed new law would allow a 3-month probationary period to meet the deadline. As of April 1, 2019, the new law would make it a felony to own, sell, or possess any and all semi- automatic and automatic guns and rifles within the border of the City of Huntington Beach. N a t- n rn M zc�"4 c1 n o< =o r rn fT1 R = C. x� M 3R p Q v n W Y W 17-6151/170210/MV 1 t CERTIFICATION This ballot title and summary are hereby submitted to the elections official in conformance with Section 9203 of the Elections Code of the State of California. d z C) di tr g-4 1 rn fl-4r- 4 a.o m � rt1 y � 17-6151/170210/MV 2 Acknowledgment I, Daniel Horgan,declare under penalty of perjury that I am a citizen of the United States, 18 years of age or older, and a resident of Huntington Beach, Orange County,California. I, Daniel Horgan, 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 forthis initiative to be used for any purpose other than qualification of the measure for the ballot. Daniel Horgan 215 Wichita Avenue,#203 Huntington Beach CA 92648 Dated this 4`h day of December,2017 12/4/2017 1eginfo.legisIature.ra.gov/faces/pri ntCodeSectionWindow.xhtml?IawCode=ELEC&secfionNum=18650.&op statues=1999&op_chapter=920&op section=2 LU ELECTIONS CODE - ELEC DIVISION 18. PENAL PROVISIONS [18000 - 18700] ( Division 18 enacted by Stats. 1994, Ch. 920, Sec. 2. ) CHAPTER 7. Initiative, Referendum, and Recall [i8600 - 1868o] ( Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2. ) ARTICLE 6.Misuse of Signatures on Petition[18650-1865o.] (Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) No one shall knowingly or willfully permit the list of signatures on an initiative,referendum,or recall petition to be used for any purpose other than qualification of 1865o. the initiative or referendum measure or recall question for the ballot,except as provided in Section 6253.5 of the Government Code.Violation of this section is a misdemeanor. (Enacted by Stats. 1994, Ch.920,Sec.2) httpJAeginfo.legislature.ca.gDv/faces/printCodeSecbmWind=Ahtml?lawCode=ELEC&sectimNum=16650.&op statues=1994&op chapter=920&op section 2 1/1 12/412D17 leginfo.legislature.cagov/faces/printCodeSectionW indow.xhtm Maw Code=GOV&sedonNum=6000.&op_statues=1943&op_chapter=134 GOVERNMENT CODE- GOV TITLE i. GENERAL 1100 - 79141 ( Title 1 enacted by Stats. 1943, Ch. 134. ) DIVISION 7. AUSCELLANEOUS [6000 - 7599.2] (Division 7 enacted by Stats. 1943, Ch. 134. ) CHAPTER 1. Publications and Official Advertising [6000 - 60781 ( Chapter 1 enacted by Stats. 1943, Ch. 134. ) ARTICLE 1.General[6000-6008] (Article 1 enacted by Stats. 1943, Ch. 134. ) A"newspaper of general circulation"is a newspaper published for the dissemination of local or telegraphic news and intelligence of a general character,which has a 6000. bona fide subscription list of paying subscribers,and has been established,printed and published at regular intervals in the State,county,or city where publication, notice by publication,or official advertising is to be given or made for at least one year preceding the date of the publication,notice or advertisement. (Enacted by Stats.1943, Ch.134.) ht4)YAeginfo.legislature.ca.gov/faces/printCodeSe bonWindowxhtrnl?lawCode=GOV&se bonNum=6000.&op statues=1943&op chapter=134 1/1 City of Huntington Beach IOU INTER-DEPARTMENT COMMMUNICATION HUNTINGTON BEACH TO: Michael Gates, City Attorney FROM: Robin Estanislau, CMC/City Clern� DATE: November 17, 2017 SUBJECT: CITY CLERK'S TRANSMITTAL OF NOTICE OF INTENTION TO CIRCULATE PETITION AND REQUEST FOR BALLOT TITLE AND SUMMARY FOR PROPOSED MEASURE Please review the attached Notice of Intention to Circulate Petition that requests preparation of a ballot title and summary for the November 6, 2018, election. Pursuant to California Elections Code §9203, the requested title and summary shall be returned to the City Clerk's Office within 15 days (Monday, December 4, 2017), for delivery to the proponent. RE Attachments: Notice of Intention to Circulate Petition Elections Code §9203 C: Honorable Mayor and City Council Members Fred Wilson, City Manager Notice of Intent to Circulate Petition Notice is hereby given by the person whose name appears hereon of his intention to circulate a petition within the City of Huntington Beach for the purpose of eliminating dangerous weapons that are in the possession of citizens and local businesses. A statement of the reasons of the proposed action as contemplated in the petition is as follows : The citizens of Huntington Beach propose a ban on the possession and sale of semi-automatic and automatic guns and rifles. The citizens of Huntington Beach agree that these weapons are a clear and imminent danger to our community. All semi-automatic and automatic guns and rifles shall be turned into the City of Huntington Beach Police Department effective January 1, 2019. There will be a 3 month probationary period to meet this deadline. As of April 1, 2019, it will be a felony to own, sell, or possess any and all semi-automatic and automatic guns and rifles within City limits. Notice is also hereby given of a request for preparation, by the City Attorney, of a ballot title and summary. Pro one t of Measure Daniel Horgan e 215 Wichita Avenue #203, Huntington Beach, CA 92648 rn OKn � rn c7O70 � < m x rn '1 v O� 11/17/2017 Codes Display Text 9203. (a)Any person who is i6 ted in any proposed measure shall file a cc 'the proposed measure with the elections official with a request tnat a ballot title and summary be prepared.This request shall be accompanied by the address of the person proposing the measure.The elections official shall immediately transmit a copy of the proposed measure to the city attorney. Within 15 days after the proposed measure Is filed, the city attorney shall provide and return to the city elections official a ballot title for and summary of the proposed measure.The ballot title may differ from any other title of the proposed measure and shall express in 500 words or less the purpose of the proposed measure. In providing the ballot title, the city attorney shall give a true and impartial statement of the purpose of the proposed measure in such language that the ballot title shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure. (b)The elections official shall furnish a copy of the ballot title and summary to the person filing the proposed measure. The person proposing the measure shall, prior to its circulation, place upon each section of the petition, above the text of the proposed measure and across the top of each page of the petition on which signatures are to appear, In roman boldface type not smaller than 12 point,the ballot title prepared by the city attorney.The text of the measure shall be printed in type not smaller than 8 point. The heading of the proposed measure shall be in substantially the following form: Initiative Measure to be Submitted Directly to the Voters The city attorney has prepared the following title and summary of the chief purpose and points of the proposed measure: (Here set forth the title and summary prepared by the city attorney.This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear.) (Amended by Stars. 1999, Ch. 312, Sec. 21. Effective January 1, 2000.) 9204 Any elector of the city may seek a writ of mandate requiring the ballot title or summary prepared by the city attorney to be amended. The court shall expedite hearing on the writ. A peremptory writ of mandate shall be issued only upon clear and convincing proof that the ballot title or summary is false, misleading, or inconsistent with the requirements of Section 9203. (Amended by Stars. 2002, Ch. 237, Sec. 2. Effective January 1, 2003.) 992 5. A notice of Intention and the title and summary of the proposed measure shall be published or posted or both as follows: (a) If there is a newspaper of general circulation, as described in Chapter 1 (commencing with Section 6000) of Division 7 of Title 1 of the Government Code, adjudicated as such, the notice,title, and summary shall be published therein at least once. (b) If the petition is to be circulated in a city in which there is no adjudicated newspaper of general circulation,the notice,title, and summary shall be published at least once, in a newspaper circulated within the city and adjudicated as being of general circulation within the county in which the city is located and the notice,title,and summary shall be posted in three (3) public places within the city, which public places shall be those utilized for the purpose of posting ordinances as required In Section 36933 of the Government Code. (c) If the petition is to be circulated in a city In which there Is no adjudicated newspaper of general circulation, and there Is no newspaper of general circulation adjudicated as such within the county, circulated within the city, then the notice,title,and summary shall be posted in the manner described in subdivision (b). This section does not require the publication or posting of the text of the proposed measure. (Amended by Stars. 2011, Ch. 248, Sec. 1. Effective January 1, 2012.) 9206- Within 10 days after the date of publication or posting,or both,of the notice of intention and title and summary,the proponents shall file a copy of the notice and title and summary as published or posted together with an affidavit made by a representative of the newspaper in which the notice was published or, if the notice was posted, by a voter of the city, certifying to the fact of publication or posting. If the notice and title and summary are both published and posted pursuant to subdivision (b) of Section 9205, the proponents shall file affidavits as required by this section made by a representative of the newspaper In which the notice was published certifying to the fact that the notice was published and by a voter of the city certifying to the fact that the notice was posted. These affidavits,together with a copy of the notice of Intention and title and summary, shall be filed with the elections official of the legislative body of the city in his or her office during normal office hours as posted. http:/fieginfo.legislature.ca.gov/faces/Codes_displayText.xhlml?la Code ELEC&division=9.&title=&part--&chapter=3.&article=l. 215 12111/2017 Codes Display Text f�. LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: Select Code ♦ Section: Search U ^ Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS[18000-187001 (Division 18 enacted by Slats. 1994,Ch.920, Sec. 2.) CHAPTER 7.Initiative,Referendum,and Recall 118600-18680] (Chapter 7 enacted by Stats. 1994, Ch.920,Sec.2.) ARTICLE 1.Improper Signature-Gathering Tactics[18600-18604] (Article 1 enacted by Stats. 1994, Ch. 920, Sec. 2. ) 18600. Every person is guilty of a misdemeanor who: (a) Circulating, as principal or agent,or having charge or control of the circulation of, or obtaining signatures to, any state or local Initiative, referendum or recall petition, intentionally misrepresents or intentionally makes any false statement concerning the contents, purport or effect of the petition to any person who signs, or who desires to sign,or who is requested to sign, or who makes inquiries with reference to it,or to whom it is presented for his or her signature. (b) Willfully and knowingly circulates, publishes,or exhibits any false statement or misrepresentation concerning the contents, purport or effect of any state or local initiative, referendum, or recall petition for the purpose of obtaining any signature to, or persuading or influencing any person to sign, that petition. (c) Circulating,as principal or agent, or having charge or control of the circulation of,or obtaining signatures to, any state or local initiative, intentionally makes any false statement in response to any inquiry by any voter as to whether he or she Is a paid signature gatherer or a volunteer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) 18601. Any person working for the proponent or proponents of an Initiative or referendum measure or recall petition who refuses to allow a prospective signer to read the measure or petition is guilty of a misdemeanor. An arrest or conviction pursuant to this section shall not invalidate or otherwise affect the validity of any signature obtained by the person arrested or convicted. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) 18602. Any person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Attorney General from the view of a prospective signer is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) 9603. Every person who offers or gives money or other valuable consideration to another in exchange for his or her signature on a state,county, municipal, or district Initiative, referendum,or recall petition is guilty of a misdemeanor. (Amended by Stats. 1996, Ch. 714, Sec. 26. Effective January 1, 1997.) 18604. Upon conviction of a violation of any provision of this article,Article 2 (commencing with Section 18610), Article 3 (commencing with Section 18620),Article 5(commencing with Section 18640),Article 6(commencing with Section 18650), or Article 7 (commencing with Section 18660), the court may order as a condition of probation that the convicted person be prohibited from receiving money or other valuable consideration for gathering signatures on an Initiative, referendum, or recall petition. (Added by Slats. 2010, Ch. 372, Sec. 2. Effective January 1, 2011.) http://leginfo.legislature.ca.gov/faces/Codes displayText.xhtml?lawCode=ELEC&division=l8.&title=&part=&chapter=7.&article=l. 1/2 12/11/2017 Codes Display Text i AI1m1Y, 4/T/L � -� d� © LEGISLATIVE INFORMATION Home Bill Information , California Law Publications I Other Resources My Subscriptions My Favorites Code:f ELEC Section: 18610-18614' Search; Q UoA Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS [18000-18700] (Division 18 enacted by Stats. 1994, Ch.920,Sec. 2.) CHAPTER 7.Initiative,Referendum,and Recall[18600-18680] (Chapter 7 enacted by Slats. 1994, Ch.920, Sec.2.) ARTICLE 2.False or Ineligible Signatures on Petition[18610-18614] (Article 2 enacted by Stats. 1994, Ch. 920, Sec. 2.) 18610 Every person who solicits any circulator to affix to any initiative, referendum, or recall petition any false or forged signature, or to cause or permit a false or forged signature to be affixed, is guilty of a misdemeanor. (Enacted by Slats. 1994, Ch. 920, Sec. 2.) 18611 Every person is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year,or by both that fine and imprisonment, who circulates or causes to be circulated any initiative, referendum, or recall petition, knowing it to contain false, forged, or fictitious names. (Amended by Slats. 2011, Ch. 15, Sec. 89. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Slats. 2011, Ch. 39, Sec. 68.) 8612. Every person is guilty of a misdemeanor who knowingly signs his or her own name more than once to any initiative, referendum,or recall petition, or signs his or her name to that petition knowing himself or herself at the time of signing not to be qualified to sign it. (Enacted by Slats. 1994, Ch. 920, Sec. 2.) 18613. Every person who subscribes to any initiative, referendum, or recall petition a fictitious name,or who subscribes thereto the name of another,or who causes another to subscribe such a name to that petition, is guilty of a felony and is punishable by Imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two,three,or four years. (Amended by Stats. 2011, Ch. 15, Sec. 90. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) 18614. Every person is punishable by a fine not exceeding five thousand dollars ($5,000),or by Imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year,or by both that fine and imprisonment, who files in the office of the elections official or other officer designated by law to receive the filing,any initiative, referendum,or recall petition to which is attached,appended or subscribed any signature which the person filing the petition knows to be false or fraudulent or not the genuine signature of the person whose name it purports to be. (Amended by Stats. 2011, Ch. 15, Sec. 91. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) http:Hleginfo.legislature.ce.govtfaces/Codes displayText.xhtml?lawCode=ELEC&division=18.&title=&Part=&chapter=7.&article=2. 1/1 12/11/2017 Codes Display Text 1� LEGISLATIVE INFORMATION Home Bill Information California Law _ Publications Other Resources My Subscriptions My Favorites Code: [ELEC v Section: 18610-18614' _ Search UoA Add To My Favarites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS 118000.18700] (Division 18 enactedby Slats. 1994, Ch.920,Sec.2.) CHAPTER 7.Initiative,Referendum,and Recall[18600-18680] (Chapter 7 enacted by Stats. 1994, Ch.920,Sec.2.) ARTICLE 3.Improper Payments to Prevent Petition Circulation and Filing[18620-18622] (Article 3 enacted by Stats. 1994, Ch. 920, Sec. 2.) I 18620. Every person who seeks, solicits, bargains for, or obtains any money,thing of value, or advantage of or from any person,firm, or corporation for the purpose or represented purpose of fraudulently Inducing, persuading, or seeking the proponent or proponents of any initiative or referendum measure or recall petition to (a) abandon the measure or petition, (b) fail, neglect, or refuse to file in the office of the elections official or other officer designated by law, within the time required by law,the Initiative or referendum measure or recall petition after securing the number of signatures required to qualify the measure or petition, (c) stop the circulation of the initiative or referendum measure or recall petition,or(d) perform any act that will prevent or aid in preventing the initiative or referendum measure or recall petition from qualifying as an initiative or referendum measure,or the recall petition from resulting in a recall election, is punishable by a fine not exceeding five thousand dollars ($5,000),or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and Imprisonment. (Amended by Stars. 2011, Ch. 15, Sec. 92. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.) 8621. Any proponent of an initiative or referendum measure or recall petition who seeks, solicits, bargains for,or obtains any money or thing of value of or from any person, firm, or corporation for the purpose of abandoning the same or stopping the circulation of petitions concerning the same, or failing or neglecting or refusing to file the measure or petition in the office of the elections official or other officer designated by law within the time required by law after obtaining the number of signatures required under the law to qualify the measure or petition, or withdrawing an initiative petition after filing it with the appropriate elections official,or performing any act that will prevent or aid in preventing the Initiative, referendum,or recall proposed from qualifying as an Initiative or referendum measure,or resulting in a recall election is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year,or by both that fine and imprisonment. (Amended by Stats. 2014, Ch. 697, Sec. I Effective January 1, 2015.) 8622 Every person who offers to buy or does buy from a circulator any referendum, initiative, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor punishable by Imprisonment in the county jail for not more than one year, or by a fine not exceeding one thousand dollars ($1,000),or both.This section is not intended to prohibit compensation of a circulator,for his or her services, by a proponent of the petition or his or her agent. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) http:/4eginfo.legislature.ca.gov/faces/codes_displayText,xhtml?lawCode=ELEC&division=18.&title=&part=&chapter=7.&article=3. Ili 12111/2017 Codes Display Tract QAC,� zua r LRGISLATIVE INFORMATION Home Bill Information California Law j Publications Other Resources I My Subscriptions My Favorites Code: ELEC ♦ Section: 18610-18814' Search 0 VD-- Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS[18000-18700) (Division 18 enacted by Stats. 1994, Ch. 920, Sec.2.) CHAPTER 7.Initiative,Referendum,and Recall[18600-18680] (Chapter 7 enacted by Stats. 1994,Ch.920,Sec. 2.) ARTICLE 4.Threats and Theft to Prevent Petition Circulation and Filing[18630-18631] (Article 4 enacted by Stats. 1994, Ch. 920, Sec. 2.) 18630. Every person who threatens to commit an assault or battery on a person circulating a referendum, initiative, or recall petition or on a relative of a person circulating a referendum, initiative, or recall petition or to Inflict damage on the property of the circulator or the relative, with the Intent to dissuade the circulator from circulating the petition or in retribution for the circulation, is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) 1863 . Every person who forcibly or by stealth takes from the possession of a circulator any initiative, referendum, or recall petition on which one or more persons have affixed their signatures is guilty of a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) http:/Aeginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&divlslon=l8.&title=&part=&chapter=7.&article=4. 1/1 12/11/2017 Codes Display Text d L1GISLATIVF INFORMATION Home Bill Information - California Law Publications Other Resources My Subscriptions My Favorites Code: ':,ELEC ♦ i Section: 18610.18614' Search Q UoA Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS[18000-18700] (Division 18 enacted by Slats. 1994, Ch.920, Sec.2.) CHAPTER 7.Initiative,Referendum,and Recall[18600-18680] (Chapter 7 enacted by Slats. 1994, Ch.920,Sec.2.) ARTICLE 5.Refusal of Circulators to Turn in Petitions[18640-18640.] (Article 5 enacted by Stats. 1994, Ch. 920, Sec. 2. ) 18640 Any person working for the proponent or proponents of an initiative or referendum measure or recall petition who solicits signatures to qualify the measure or petition and accepts any payment therefor and who fails to surrender the measure or petition to the proponents thereof for filing is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 94. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stars. 2011, Ch. 3% Sec. 68.) http:/4eginfo.legislature.ca.gov/faces/codes_displayTextxhtml?lawCode=ELEC&division=l8.&title=&part=&chapter=7.&article=5. 1/1 12/11/2017 Codes Display Text I f LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Coda: ELEC ♦ ' Section: 16610.'18614' Search. 0 UoA Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS[18000-18700] (Division 18 enactedby Stats. 1994, Ch.920, Sec.2.) CHAPTER 7.Initiative,Referendum,and Recall 118600-18680] (Chapter 7 enacted by Slats. 1994, Ch.920, Sec. 2.) ARTICLE 6.Misuse of Signatures on Petition[18650-18650.] (Article 6 enacted by Stats. 1994, Ch. 920, Sec. 2. ) 61 650. No one shall knowingly or willfully permit the list of signatures on an initiative, referendum,or recall petition to be used for any purpose other than qualification of the initiative or referendum measure or recall question for the ballot, except as provided in Section 6253.5 of the Government Code,Violation of this section Is a misdemeanor. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) http:/Aeginfo.legistature.ca.gov/faces/codes_displayTextxhtml?lawCode ELEC&division=18.&title=&part=&chapter=7.&article=6. 1/1 12/11P1017 Codes Display Text Q �iF�VE/6" €f!"/C���L-� LEGISLATIVE INFQRMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: EL EC Section: 18610-18614' rsearch I a UDA Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS 118000-18700] (Division 18 enacted by Slats. 1994, Ch.920, Sec.2.) CHAPTER 7.Initiative,Referendum,and Recall 118600-18680] (Chapter 7 enacted by Slats. 1994, Ch.920,Sec.2.) ARTICLE 7.False Affidavits Concerning Petitions[18660-18661] (Article 7 enacted by Stats. 1994, Ch. 920,Sec. 2. ) 18660. Every person is punishable by a fine not exceeding five thousand dollars ($5,000),or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years,or in a county jail not exceeding one year,or by both that fine and Imprisonment, who makes any false affidavit concerning any initiative, referendum, or recall petition or the signatures appended thereto. (Amended by Slats. 2011, Ch. 15,Sec. 95. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Slats. 2011, Ch. 39, Sec. 68.) 18661. Every public official or employee is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year,or by both that fine and imprisonment, who knowingly makes any false return,certification or affidavit concerning any Initiative, referendum, or recall petition or the signatures appended thereto. (Amended by Slats. 2011, Ch. 15, Sec. 96. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Slats. 2011, Ch. 39, Sec. 68.) http:/Aeginfo.legislature.ca.govifaces/codes displayText.xhtml?la Code=ELEC&division=18.&title=&part=&chapter=7.&article=7. 1/1 1 2111/2 0 1 7 Codes Display Text 1] EGISI ATIVI INFORMATION Home '.. Bill Information '.. California Law Publications Other Resources My Subscriptions My Favorites _ Code: ELEC ♦ Section: 18610-18614' _ Searyh LuA Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS[18000-18700] (Division 18 enacted by Stats. 1994, Ch.920,Sec.2.) CHAPTER 7.Initiative,Referendum,and Recall[18600-18680] (Chapter 7 enacted by Slats. 1994, Ch.920,Sec. 2.) ARTICLE 8.Filing Petitions to Defeat an Initiative or Referendum 118670-18671] (Article 8 enacted by Stats. 1994, Ch. 920, Sec. 2.) 18670. Every person is guilty of a misdemeanor who, either as principal or agent,files in the office of the Secretary of State, county elections official, or in the office of any other officer designated by law to receive the fling, a petition or any section of a petition relating to the Constitution or the laws of this state,authorized by the Constitution or laws of this state regulating the statewide initiative or referendum,with the intention of thereby defeating that initiative or referendum measure that is embraced in the petition. Nothing in this section applies to any person who, in good faith,files a petition embracing an initiative or referendum measure that conflicts with a similar measure already on file. (Enacted by Slats. 1994, Ch. 920, Sec. 2.) 8] 671• Any petition, or any section of a petition, filed by any person other than the proponents of an initiative or referendum measure and with an Intention of defeating an expression of the public will is null and void. (Enacted by Slats. 1994, Ch. 920, Sec. 2.) http:/Aeginfo,legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=ELEC&division=l8.&Iitie=&part=&chapter=7.&article=8. 1l1 12/11/2017 Codes Display Text '`k1A/VV ft'l ur�r LEGISLATIVE INFORMATION Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites Code: ELEC ♦ ` Section: 1861018814' Search Uo^ Add To My Favorites ELECTIONS CODE-ELEC DIVISION 18.PENAL PROVISIONS[118000-18700] (Division 18 enacted by Slats. 1994, Ch.920,Sec.2.) CHAPTER 7.Initiative,Referendum,and Recall[18600-186801 (Chapter 7 enacted by Stats. 1994, Ch. 920, Sec. 2.) ARTICLE 9.Misuse of Campaign Funds[18680-18680.1 (Article 9 enacted by Stats. 1994, Ch. 920, Sec. 2. ) 18680. Every person who is entrusted with money or things of value for the purpose of promoting or defeating any initiative, referendum,or recall petition or any measure that has qualified for the ballot is a trustee of the money or things of value. If a person wrongfully appropriates the money or things of value to any use or purpose not in the due and lawful execution of the trust, the person shall be punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months or two or three years, or in a county jail not exceeding one year,or by both that fine and imprisonment.The following expenses are within the due and lawful execution of the trust: (a) Securing signatures to initiative, referendum,or recall petitions. (b) Circulating initiative, referendum, or recall petitions. (c) Holding and conducting public meetings. (d) Printing and circulating prior to an election: (1) Specimen ballots. (2) Handbills. (3) Cards. (4) Other papers. (e) Advertising. (f) Postage. (g) Expressage. (h)Telegraphing. (i) Telephoning. (j) All salaries and expenses of: (1) Campaign managers. (2) Lecturers. (3) Solicitors. (4) Agents. (5) All persons employed in transacting business at headquarters or branch offices, If the business transacted Is related to promoting or defeating an initiative, referendum, or recall petition or any measure which has qualified for the ballot. (k) Maintaining headquarters and branch offices. (1) Renting of rooms for the transaction of the business of an association. (m) Attorney's fees and other costs in connection with litigation where the litigation arises directly out of any of the following: (1) Activities related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot. http://leginfo.legislature.ce.govtfacm/codes displayText.xhtml?lawCode=ELEC&division=18.&title=&part=&chapter=7.&article=g. 1/2 12/11/2017 I Codes Display Text (2)The enactment, by the initiatve process, of any ordinance, charter amendi.._,it, statute, or constitutional amendment. (3)An election contest or recount. (4) A violation of state or local campaign, disclosure,or election laws. The amendment of this section by adding subdivision(m) thereto, made at the 1991-92 Regular Session of the Legislature, does not constitute a change In, but is declaratory of,the existing law. Expenses for food, clothing,shelter and other personal needs of the trustee are not within the due and lawful execution of the trust. However, expenses for travel and necessary accommodations for the trustee are within the due and lawful execution of the trust, if the travel and accommodations are related to promoting or defeating an initiative, referendum, or recall petition or any measure that has qualified for the ballot. (Amended by Slats. 2011, Ch. 15, Sec. 9Z Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Slats. 2011, Ch. 39, Sec. 68.) http:/Aeginfo.logislature.ca.gov/faces/codes_displayText.xhtml?iawCode=ELEC&division=18.&title=&part=&chapter=7.&arficle=g. 212 12/6/2017 I Codes Display Text Q&0�1 Gam'/ (/F'GG-EGISI f1TIV INFORMATION Home IBill Information I California Law I Publications I Other Resources My Subscriptions My Favorites Code:i ELEC • Section:_100. $eaich= u D A Add To My Favorites ELECTIONS CODE-ELEC DIVISION 0.5.PRELIMINARY PROVISIONS [1 .362] (Division 0.5 heading added by Stats. 1996, Ch. 1143,Sec. 17.) CHAPTER 2. Petitions and Petition Signers[100-106] (Chapter-2 enacted by Stats. 1994, Ch. 920,Sec. 2.) 1M (a) Notwithstanding any other provision of law,whenever an initiative, referendum, recall, nominating petition or paper,or any other petition or paper, is required to be signed by voters of a county, city,school district, or special district subject to petitioning,only a person who is an eligible registered voter at the time of signing the petition or paper is entitled to sign the petition or paper. A person who submits his or her affidavit of registration pursuant to subdivision (d) of Section 2102 is not eligible to sign a petition or paper unless at the time of the signing of the petition or paper he or she is 18 years of age. (b) A signer shall at the time of signing the petition or paper personally affix his or her signature, printed name,and place of residence, Including the street and number of the place of residence,and if no street or number for the place of residence exists,then a designation of the place of residence that will enable the location to be readily ascertained. An Incomplete or Inaccurate apartment or unit number in the signer's residence address shall not Invalidate his or her signature pursuant to Section 105. A space at least one Inch wide shall be left blank after each name for the use of the elections official in verifying the petition or paper. (c)The part of a petition for the signatures,printed names, and residence addresses of the voters and for the blank spaces for verification purposes shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section.The petition format shall be substantially in the following form: Official Use Only I (Print Name) (Residence Address ONLY) 1. (Signature) (City) I (Print Name) (Residence Address ONLY) 2. (Signature) ! (city) - I (Amended(as amended by Stats. 2009, Ch. 364) by Stats. 2014, Ch. 909,Sec. 3. Effective January 1, 2015. Amendment by Stats. 2009, Ch. 364, with text revised by this amendment, became operative on September 26, 2016, when the Secretary of State Issued the certification prescribed by Sec. 7 of Ch. 364.) 100 Notwithstanding Section 100,a voter who Is unable to personally affix on a petition or paper the Information required by Section 100 may request another person to print the voter's name and place of residence on the appropriate spaces of the petition or paper, but the voter shall personally affix his or her mark or signature on the http:/Aeginfo.legisiature.ca.govRaces/codes displayTextxhtm171awCode=ELEC&divisicn=0.5.&titie=&part=&chapter=2.&article= 1/3 12/6/2017._ _ Codes Display Text appropriate space of the petition or paper,which shall be witnessed by one person by subscribing his or her name thereon. (Amended by Stats. 2001, Ch. 922, Sec. 2. Effective January 1,2002.) 1101 (a) Notwithstanding any other law, a state or local Initiative petition required to be signed by voters shall contain in 12-point type, before that portion of the petition for voters'signatures, printed names,and residence addresses, the following language: "NOTICE TO THE PUBLIC THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER.YOU HAVE THE RIGHT TO ASK." (b)A state Initiative petition shall contain,in the same location and type size described in subdivision (a),the following language: "THE PROPONENTS OFTHIS PROPOSED INITIATIVE MEASURE HAVE THE RIGHT TO WITHDRAW THIS PETITION AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE BALLOT." (Amended by Stars. 2014, Ch. 697, Sec. 4. Effective January 1,2015.) I& A person shall not circulate a state or local initiative, referendum, or recall petition or nominating paper unless the person is 18 years of age or older. (Amended by Stars. 2013, Ch. 278, Sec. 1. Effective January 1, 2014.) = A voter who has signed an initiative, referendum,or recall petition pursuant to the Constitution or laws of this state shall have his or her signature withdrawn from the petition upon filing a written request that includes the voter's name, residence address,and signature with the appropriate county elections official or city elections official prior to the day the petition Is filed. A written request made under this section shall not constitute a petition or paper for purposes of Section 104. (Amended by Stats. 2015, Ch. 731, Sec, 1. Effective January 1, 2016.) 104 (a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper,setting forth, in the circulator's own hand,the following: (1)The printed name of the circulator. (2)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. (3)The dates between which all the signatures to the petition or paper were obtained. (b) Each declaration submitted pursuant to this section shall also set forth the following: (1)That the circulator circulated that section and witnessed the appended signatures being written. (2)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. (3)That the circulator Is 18 years of age or older. (c) The circulator shall certify the content of the declaration as to Its truth and correctness, under penalty of perjury under the laws of the State of California,with the signature of his or her name. The circulator shall state the date and the place of execution on the declaration immediately preceding his or her signature. (Amended by Stats. 2013, Ch. 278, Sec. 2. Effective January 1, 2014.) 1�5 (a) (1) For purposes of verifying a signature on an initiative, referendum, recall, nomination,or other election petition or paper,the elections official shall determine that the residence address on the petition or paper Is the same as the residence address on the affidavit of registration. If the addresses are different,or if the petition or http:/Aeginfo.legislature.ca.gov/face /Cocles displayText.xhtm171awCode=ELEC&dvision=0.5.&title=&part=&chapter=2.&arficie= 26 1216/201.7 I Codes Display Text paper does not specify the residence address, or, In the case of an initiative or referendum petition,the information specified In Section 9020 Is not contained in the petition,the affected signature shall not be counted as valid. (2) Notwithstanding paragraph (1),the elections official shall not invalidate a signature for an incomplete or inaccurate apartment or unit number In the signer's residence address. (b) A signature invalidated pursuant to this section shall not affect the validity of another valid signature on the particular petition or paper. (Amended by Stats. 2014, Ch. 909, Sec. 4. Effective January 1, 2015.) 146. Notwithstanding any other provision of law: (a) Any registered voter who Is a candidate for any office may obtain signatures to and sign his or her own nomination papers.The candidate's signature shall be given the same effect as that of any other qualified signer. (b) Any person engaged in obtaining signatures to the nomination papers of a candidate for any office or to any recall, initiative or referendum petition, may, if otherwise qualified to sign the papers or petition,sign the papers or petition.The signature of the person shall be given the same effect as that of any other qualified signer. (Enacted by Stats. 1994, Ch. 920, Sec. 2.) hap./Aeginfo.legislature.ca.gov/faces/codes displayText.xhtml?lawCode ELEC&divisim=0.5.&fide=&part=&chapter=2.&article= _ 3/3 (Regulations of the Fair Political Practices Commission,Title 2,Division 6,California Code of Regulations) § 18247.5.Primarily Formed Committees. (a) A"primarily formed"committee, as defined in Section 82047.5 and this regulation, is a recipient committee under Section 82013(a)that supports or opposes a single candidate or measure,or a specific group of measures or local candidates on the same ballot. (In contrast, a "general purpose"committee,defined in Section 82027.5 and Regulation 18227.5, supports multiple candidates or ballot measures.) (b)Filing. Under Section 84215, a primarily formed committee files in the jurisdiction where the candidate(s) or measure(s)it is primarily formed to support or oppose normally file(s) their campaign statements. (c) Special Requirements for Primarily Formed Committees. In addition to other applicable provisions of the Act and regulations, a primarily formed committee must automatically file preelection statements under Section 84200.5 or 84200.8; must comply with the committee name and identification of donois requirements of Sections 84107, 84503 and 84504, if supporting or opposing a ballot measure;must comply with the committee name rules of Regulation 18402(c)(3)if supporting or opposing candidate(s);must file online 90-day reports under Section 85309 if supporting or opposing a state ballot measure;must file reports of contributions received under Section 82036; and is subject to mandatory audit if a state committee. (d) Definition. For purposes of Section 82047.5, a recipient committee under Section 82013(a)is'considered to be"formed or existing primarily to support or oppose"a candidate or measure if. 1 (1)The committee is created for the purpose of or is involved in running the principal campaign for or against the candidate(s) or measures(s) as listed in subdivision(d)(4)below; or (2)The committee's primary purpose and activities are to support or oppose candidate(s) or measure(s) as listed in subdivision(d)(4)below; or (3)The committee makes more than 70 percent of its total contributions and expenditures on all candidates and measures (not including administrative overhead) on those specific candidates(s) or measure(s)as listed in subdivision(d)(4)below, during the time period specified in subdivision(e)(3). (4)(A)A single candidate. A committee formed or existing primarily to support or oppose a single candidate includes a committee that makes contributions and expenditures for a particular candidate and against that candidate's opponent(s). (B)A single measure. (C)A group of specific candidates being voted upon in the same city, county, or multicounty election. (D)Two or more measures being voted upon in the same city, county,multicounty, or state election. (e)Review. (1)A committee that has reason to know it is close to triggering the applicable threshold for changing status because its spending is concentrated on candidate(s)or measures) as listed in subparagraphs (d)(4)(A), (B), (C)or(D), shall determine whether it is primarily formed quarterly at the end of March,June, September and December. (2)Newly organized committees. 2 (A)A committee that files its initial statement of organization within six months of an election in connection with which the committee makes contributions and expenditures shall determine whether it is primarily formed at the end of each month prior to the election unless the committee has not made contributions and/or expenditures of$1,000 or more to support or oppose candidates or measures during that month. (B)A committee that files its initial statement of organization within six months of a statewide primary or general election or within 30 days after a declaration calling a special election for a state elective office or measure and makes at least$25,000 in independent expenditures to support or oppose a state candidate or state measure(s) as listed in subparagraphs (d)(4)(A), (B),or(D), is presumed to be,and shall report as,a primarily formed committee. This presumption can be rebutted when the committee's contributions and expenditures on multiple candidates or measures in different jurisdictions or elections demonstrate that it is not primarily formed and the committee may amend its statement of organization to identify itself as a general purpose committee pursuant to Regulation 18227.5. (3)For purposes of determining whether it is primarily formed under subdivision(d)(3), a committee shall count contributions and expenditures made to support or oppose candidates or measures during whichever of the following time periods most accurately reflects the current and upcoming activities of the committee: (A)The immediately preceding 24 months; or (B)The current two-year period,beginning with January 1 of an odd-numbered year and ending with December 31 of the following even-numbered year. (f)File as Primarily Formed through the Election.A committee that is or becomes primarily formed within 90 days prior to an election shall maintain that status and file disclosure 3 I I reports as a primarily formed committee up to the date of that election and continuing until the end of the post-election reporting period. (g)Change of Status. (1)Amend Statement of Organization. A recipient committee whose status changes from one jurisdiction to another,or between general purpose and primarily formed shall amend its statement of organization pursuant to Section 84103 to reflect the change. If,after filing reports with one jurisdiction, a committee changes jurisdiction,in addition to filing reports with a new filing officer, the committee must continue filing reports with the original filing officer through the end of the calendar year under Section 84215(g). (2)An existing general purpose committee is not required to change its filing status to a primarily formed committee unless it meets the requirements in subdivision(d)and it makes at least$100,000 of contributions and/or expenditures if supporting or opposing a state candidate or measure(s)listed in subparagraphs(d)(4)(A), (B), or(D), or at least$10,000 of contributions and/or expenditures if supporting or opposing local candidate(s) or measure(s)listed in subparagraphs(d)(4)(A), (B), (C), or(D). (3)Contributions from a general purpose committee to a primarily formed ballot measure or candidate committee shall not be included in the calculations required under subdivision (d)(3)if the sponsor of the general purpose committee is also a sponsor of the primarily formed committee. (4)A committee that was primarily formed for the election of a candidate or measure,but after that election continues to exist to support or oppose different candidates or measures in the future,may remove the candidate or measure name from the committee name and change its 4 status following the election, as long as the committee is not raising funds to pay debt from the election, except as provided in subdivision(f). (h)Avoidance of Disclosure. A committee shall not knowingly file in an incorrect jurisdiction or as an incorrect type of committee,with the intention of avoiding the appropriate legal disclosure of campaign contributions and expenditures to the public. Note: Authority cited: Section 83112, Government Code. Reference: Section 82047.5, Government Code. HISTORY 1.New section filed 1-30-2009; operative 3-1-2009. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2009,No. 5). 2.Amendment of section heading,repealer and new section and amendment of Note filed 1-5- 2012; operative 2-4-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law,3 Civil C010924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL)(Register 2012,No. 1). 3. Amendment of subsection(c)filed 6-24-2013; operative 6-24-2013. Submitted to OAL for filing and printing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act 5 rulemaking requirements and not subject to procedural or substantive review by OAL)(Register 2013,No. 26). 4. Change without regulatory effect amending subsection(c)filed 3-22-2016; operative 4-21- 2016 pursuant to 2 CCR 18312(e). Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal,Third Appellate District,nonpublished decision,April 27, 1992(FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL)(Register 2016,No. 13). 6