§ 11225
490 words·~2 min read·
/ca/elections-code/11225A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Except as provided in subdivision (b), within 60 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if, from the examination of petitions pursuant to Section 11222, more than 500 signatures have been signed on the 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 a manner so that every signature filed with the elections official shall have 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)Notwithstanding subdivision (a), the elections official shall complete the verification of signatures within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if the elections official determines that the time reasonably needed to complete the 60-day verification process described in subdivision
(a)and any other procedures required for qualifying the measure for the ballot could cause the recall election to be ineligible for consolidation with the next regularly scheduled election, as provided in subdivision
(b)of Section 11242.
(c)If the statistical sampling shows that the number of valid signatures is greater than 110 percent of the required number, the elections official shall certify the petition to be sufficient.
(d)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 petition sufficient, the elections official shall examine and verify each signature filed. If the elections official’s examination of each signature shows that the number of valid signatures is greater than the required number, the elections official shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the elections official shall certify the petition to be insufficient.
(e)If the statistical sampling shows that the number of valid signatures is less than 90 percent of the required number, the elections official shall certify the petition to be insufficient.
(f)In determining from the records of registration the number of valid signatures signed on the petition, the elections official may check the signatures against facsimiles of voters’ signatures, provided that the method of preparing and displaying the facsimiles complies with law.
(g)The elections official shall attach to the petition, a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition.
(h)If the petition is found insufficient, no action shall be taken on the petition. However, the failure to secure sufficient signatures does not preclude the filing later of an entirely new petition to the same effect.
(i)If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing body at its next regular meeting.