§ 8401. — 8401. (Amended by Stats. 2015, Ch. 728, Sec. 75.)

California § 8401.

• Jurisdiction: California
• Code ELEC: Elections Code - ELEC
• Div. 8.: DIVISION 8. NOMINATIONS
• Part 2.: PART 2. INDEPENDENT NOMINATIONS
• Ch. 3.: CHAPTER 3. Nomination Papers

Text

(a)
Upon receiving the nomination paper if, from the examination of such pursuant to Section 8400, more than 500 signatures have been signed on the nomination paper petition, the elections official may use a random sampling technique for verification of signatures. The random sample of signatures to be verified shall be drawn in such a manner that every signature filed with the elections official shall be given an equal opportunity to be included in the sample. The random sampling shall include an examination of at least 500 or 5 percent of the signatures, whichever is greater.
(b)
If the statistical sampling shows that the number of valid signatures
is within 90 to 110 percent of the number of signatures of qualified voters needed to declare the nomination paper sufficient, the elections official shall examine and verify each signature filed.
(c)
In determining from the records of registration, what number of valid signatures are signed on the nomination paper, the elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the
facsimiles is permitted by law.
(d)
The elections official shall attach to the nomination paper, a certificate showing the result of this examination, and shall notify the candidate of either the sufficiency or insufficiency of the nomination paper.
(e)
If the nomination paper is found insufficient, no action shall be taken on the nomination paper. However, the failure to secure sufficient signatures, shall not preclude the submission later of an entirely new nomination paper to the same effect.
(f)
If the nomination paper is found to be sufficient, the elections official shall certify the results of the examination.

Legislative History

Amended by Stats. 2015, Ch. 728, Sec. 75. (AB 1020) Effective January 1, 2016. Operative September 26, 2016, when the Secretary of State issued the certification prescribed by Stats. 2015, Ch. 728, Sec. 88.