§ 9033. — 9033. (Amended by Stats. 2023, Ch. 162, Sec. 4.)

California § 9033.

• Jurisdiction: California
• Code ELEC: Elections Code - ELEC
• Div. 9.: DIVISION 9. MEASURES SUBMITTED TO THE VOTERS
• Ch. 1.: CHAPTER 1. State Elections
• Art. 3.: ARTICLE 3. Filing Petitions

Text

(a)
When the Secretary of State has received from one or more elections officials or registrars a petition, certified to have been signed by the requisite number of qualified voters, the Secretary of State shall forthwith notify the proponents and immediately transmit to the elections official or registrar of voters of every county or city and county in the state a notice directing that signature verification be terminated.
(b)
(1)
In the case of an initiative measure, the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 131 days after the date the Secretary of State receives a petition certified
to have been signed by the requisite number of qualified voters.
(2)
On the 131st day prior to the date of the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following:
(A)
Issue a certificate of qualification certifying that the initiative measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).
(B)
Notify the proponents of the initiative measure and the elections official of each county that the measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).
(C)
Include the initiative measure in a list of all statewide initiative measures that are eligible to be placed on the ballot at the election identified
pursuant to paragraph (1) and publish the list on the Secretary of State’s internet website.
(3)
Upon the issuance of a certificate of qualification pursuant to paragraph (2), an initiative measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 8 of Article II of the California Constitution.
(c)
(1)
In the case of a referendum measure, the Secretary of State shall identify the date of the next statewide general election as defined in subdivision (a) of Section 9016, or the next special statewide election, that will occur not less than 31 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters.
(2)
On the 131st day prior to the date of the election identified pursuant to paragraph
(1), or upon receipt of a petition certified to have been signed by the requisite number of qualified voters if fewer than 131 days remain until the election identified pursuant to paragraph (1), the Secretary of State shall do all of the following:
(A)
Issue a certificate of qualification certifying that the referendum measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).
(B)
Notify the proponents of the referendum measure and the elections official of each county that the measure, as of that date, is qualified for the ballot at the election identified pursuant to paragraph (1).
(C)
Include the referendum measure in a list of all statewide referendum measures that are eligible to be placed on the ballot at the election identified pursuant to paragraph (1) and
publish the list on the Secretary of State’s internet website.
(3)
Upon the issuance of a certificate of qualification pursuant to paragraph (1), a referendum measure shall be deemed qualified for the ballot for purposes of subdivision (c) of Section 9 of Article II of the California Constitution.
(4)
If a referendum measure has been issued a certificate of qualification as of the effective date of the act adding this paragraph but has not yet appeared on the ballot, the Secretary of State shall void that certificate of qualification, and shall issue a new certificate of qualification pursuant to the provisions of this subdivision. The proponents of any such referendum measure shall be permitted to withdraw that measure pursuant to subdivision (b) of Section 9604 at any time between the effective date of the act adding this paragraph and the date on which the Secretary of State
issues a new certificate of qualification in accordance with subparagraph (A) of paragraph (2) of this subdivision.
(d)
In the case of a referendum measure, upon the Secretary of State’s transmission of notification to the proponents and elections officials under subdivision (c) of Section 9030 that the number of signatures filed with all elections officials is 100 percent or more of the number of qualified voters needed to declare the petition sufficient, the statute that is the subject of the referendum measure shall cease to have effect unless and until one of the following occurs:
(1)
The Secretary of State or a court of competent jurisdiction concludes that the petition was not signed by the requisite number of qualified voters.
(2)
The proponents of the referendum measure withdraw the measure under Section
9604.
(3)
The voters vote to keep the statute that is the subject of the referendum at the statewide election in which the referendum measure appears on the ballot.

Legislative History

Amended by Stats. 2023, Ch. 162, Sec. 4. (AB 421) Effective September 8, 2023.