§ 7924.110. — 7924.110. (Amended by Stats. 2024, Ch. 479, Sec. 1.)

California § 7924.110.

• Jurisdiction: California
• Code GOV: Government Code - GOV
• Div.: 10.
• Title 1.: DIVISION 10. ACCESS TO PUBLIC RECORDS
• Part 5.: PART 5. SPECIFIC TYPES OF PUBLIC RECORDS
• Ch. 2.: CHAPTER 2. Election Materials and Petitions
• Art. 2.: ARTICLE 2. Initiative, Referendum, Recall, and Other Petitions and Related Materials

Text

(a)
Notwithstanding Sections 7920.510, 7920.515, 7920.520, 7920.530, 7920.540, 7920.545, 7922.545, subdivision (a) of Section 7920.525, subdivision (b) of Section 7922.540, and Sections 7922.500 to 7922.535, inclusive, the following are not public records:
(1)
A statewide, county, city, or district initiative, referendum, or recall petition.
(2)
A petition circulated pursuant to Section 5091 of the Education Code.
(3)
A petition for reorganization of school districts submitted pursuant to Article 1 (commencing with Section 35700) of Chapter 4 of Part 21
of Division 3 of Title 2 of the Education Code.
(4)
A petition for reorganization of community college districts submitted pursuant to Part 46 (commencing with Section 74000) of Division 7 of Title 3 of the Education Code.
(5)
A memorandum prepared by a county elections official in the examination of a petition, indicating which registered voters signed that particular petition.
(b)
The materials described in subdivision (a) shall not be open to inspection except by the following persons:
(1)
A public officer or public employee who has the duty of receiving, examining, or preserving the petition, or who is responsible for preparation of the memorandum.
(2)
If a petition is found to be insufficient, by the proponent of the petition and a representative of the proponent as may be designated by the proponent in writing, in order to determine which signatures were disqualified and the reasons therefor.
(c)
Notwithstanding subdivisions (a) and (b), the Attorney General, the Secretary of State, the Fair Political Practices Commission, a district attorney, a city attorney, a school district attorney, and a community college district attorney shall be permitted to examine the materials described in subdivision (a) upon approval of the appropriate superior court.
(d)
If
the proponent of a petition is permitted to examine a petition and a memorandum pursuant to subdivision (b), all of the following shall apply:
(1)
The examination shall commence not later than 21 days after certification of insufficiency and shall conclude no later than 60 days from the date that the examination commenced, and the county elections official shall retain the documents as prescribed in Section 17200 of the Elections Code.
(2)
The elections official may establish reasonable guidelines for the examination and shall provide reasonable resources as necessary for the examination to proceed in a timely manner.
(3)
If the examination is not concluded within 5 business days from the date that the examination begins, any costs incurred by the county elections official to continue the examination shall be reimbursed by the proponents. Nothing in this paragraph shall be construed to permit a county elections official to delay or obstruct the examination.
(4)
Before
the examination
may continue pursuant to paragraph (3), the elections official shall estimate the costs necessary to support the examination. A new estimate of costs shall take place at the beginning of each day of examination following the fifth day. The proponent of a petition who requests to examine a petition and a memorandum shall deposit with the elections official a sum as required by the elections official necessary to support the examination for that day. The proponent
shall be entitled to the return of any money deposited in excess of the cost of the examination. Money not required to be refunded shall be deposited in the appropriate public treasury. The elections official is not bound by any estimate of cost provided to the proponent or required to be deposited by the proponent and may, on a pro rata basis, bill the proponent for additional actual expense or refund any excess paid depending on the final actual cost.
(5)
“Cost” for purposes of this subdivision means any cost incurred by a county elections official that is in addition to or greater
than general operating costs.

Legislative History

Amended by Stats. 2024, Ch. 479, Sec. 1. (SB 1441) Effective January 1, 2025.