California Regulations § 20950 Declaration of Circulator
Regulation Text
(a)
A petition signature shall be included in a raw count and the signature shall be subject to signature verification if the declaration of circulator complies with the applicable Elections Code sections for the type of petition being examined.
(b)
Notwithstanding subdivision (a), a petition signature shall be included in a raw count and the signature shall be subject to signature verification if:
(1)
The circulator failed to sign their entire name, including their middle name.
(2)
The dates of circulation in the declaration of circulator are in handwriting different from the circulator's handwriting, and the difference is subtle or not readily apparent.
(3)
The year of circulation provided in the circulator's declaration is preprinted or stamped, but the month and day are hand-written.
(4)
The declaration of circulator has no date of execution and no dates of circulation, but the circulator has signed the petition and provided a date of signing.
(5)
The declaration of circulator contains a space for the beginning date of circulation and a separate space for the ending date of circulation, and only one of the spaces is complete.
(6)
The declaration of circulator contains either a date of circulation or a date of execution, but not both.
(7)
The dates on the declaration of circulator are after the date the petition section was filed.
(8)
The petition section contains dates supplied voluntarily by the signer(s), and conflict with the dates contained in the declaration of circulator.
(9)
The circulator is not registered to vote or is not registered in the jurisdiction in which the petition is circulated.
(10)
The circulator is not a resident of the state or political jurisdiction in which the petition is circulated.
(11)
The declaration of circulator does not contain an address, or only a P.O. Box address is provided.
(12)
The circulator failed to sign the declaration of circulator, but is also a signer on the same petition section and provides their residence address and signature.
(c)
Notwithstanding subdivisions (a) and (b), a petition signature shall be included in a raw count, but the signature shall not be subject to signature verification if:
(1)
Signatures appear in the signer's spaces, but the declaration of circulator is left blank or is unsigned.
(2)
It is readily apparent that the dates of circulation in the declaration of circulator are in handwriting different from the circulator's handwriting.
(3)
The day of the month and/or the month provided in the circulator's declaration is preprinted or stamped.
(4)
The declaration of circulator has no date of execution and no dates of circulation.
(5)
The month, day, or year of circulation in the declaration of circulator precede the first date of circulation.
(6)
Information that must be in the circulator's own handwriting in the declaration of circulator is photocopied.
(7)
The circulator did not sign the declaration of circulator and is not a signer of that petition section.
(d)
If the petition section contains generalized dates of circulation, the following shall apply:
(1)
A petition signature shall be included in a raw count and the signature shall be subject to signature verification if the circulator's declaration contains only a month and year, and:
(A)
the voter's registration was on or before the last day of circulation. Example: Circulation date April 2020 and the petition is filed May 28, 2020; the last date of circulation is deemed to be April 30, 2020.
(B)
the voter's registration was on or before the petition file date. Example: Circulation date -April 2020 and the petition is filed April 15, 2020; the last date of circulation is deemed to be April 15, 2020.
(2)
A petition signature shall be included in a raw count, but the signature shall not be subject to signature verification if the circulator's declaration contains only a month and year, and the voter's registration was after the last day of circulation. Example: Circulation date is April 2020 and the petition is filed April 15, 2020; the last date of circulation is deemed to be April 15, 2020 and the voter registration date is April 18, 2020.
(e)
The elections official shall verify that one of the following conditions is met:
(1)
The petition includes the disclosure statement described by subdivision (b) of Elections Code section
107
, or
(2)
A declaration by the circulator is present stating that the circulator showed each signer a valid and unfalsified "Official Top Funders" sheet, as required by Elections Code section
107
.
Source
1. New article 5 (section 20950 ) and section filed 3-15-2022; operative 3-15-2022 (Register 2022, No. 11).
History
1. New article 5 (section 20950) and section filed 3-15-2022; operative
3/15/2022
(
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