How to Start a Petition Legally in California

How to Start a Petition Legally in California.Petitions are powerful tools of direct democracy: they allow citizens to propose new laws, reforms, or ask for ballot on existing laws. In California, there are legal frameworks guiding how to initiate, draft, circulate, and qualify petitions so that they end up on the ballot.

Doing it correctly is crucial: mistakes in format, signatures, deadlines, or language can invalidate a petition. This blog will provide the information about the legal process of starting a petition in California especially for statewide initiatives or referendums as well as local (city or county) initiatives, recalls, or referenda. We will cover the steps, legal requirements, common mistakes, and tips to ensure your petition has the best chance of being valid and successful.

How to Start a Petition Legally in California-Overview

Types of Petitions

Before starting, it is important to know what kind of petition you are dealing with. The rules differ depending on what you want to achieve. Some common types are as follows:

• Initiative Petitions: Propose new laws or constitutional amendments. Can be statewide or local.
• Referendum Petitions: Let citizens approve or reject laws already passed by the legislature (or local governing body). 
• Recall Petitions: To remove an elected official before their term ends.

Steps to Legally Start a Petition in California (Statewide)

For a statewide initiative or constitutional amendment, here are the core legal steps according to California law (especially Elections Code and relevant state constitutional provisions):

1. Draft your proposed measure / text
   • Write the text of the law or amendment you want to propose. Be clear about what you are asking the voters to do.
   • Ensure it meets legal requirements (single subject rule; cannot violate constitutional restrictions).
     
2. Submit to the Attorney General for official title and summary
   • You need to submit the full draft to the California Attorney General, who will prepare an “official title and summary”. This is what appears on petitions. 
   • The summary helps voters and also determines signature deadlines.
     
3. Circulating the petition
   • Once you have the official title and summary, you can begin gathering signatures. Make sure you follow format requirements: font size, required content on each section, including full text, summary, and identifiers. 
   • You have a fixed time limit usually 180 days from the official summary date to collect and file the signatures statewide.
   • Every page (or section) of the petition must meet statutory format requirements. If it doesn’t, signatures on that section may be invalid.
     
4. Number of signatures required
   • For statutes (state laws): there is a required number of valid signatures from registered voters. As of the most recent guidelines, it’s 546,651 signatures for a statewide initiative statute.
   • For constitutional amendments: more signatures are required (e.g. 874,641). 
   • The number is based on a percentage of votes cast in the last gubernatorial election.
     
5. Turn in signatures and verification
   • Once enough signatures are collected, they must be filed with county election officials. The counties check signatures (registered voter status, residency, etc.). 
   • If the raw count is over 100% of the required number, a random sample may be used for initial verification. If the sample projects valid signatures significantly above the required threshold (e.g. over 110%), the petition may qualify automatically. If less, full verification may be needed.
     
6. Qualification for ballot
   • If verification shows enough valid signatures and you meet all format and procedural requirements, the Secretary of State certifies the initiative or referendum for the ballot. 
   • There are deadlines relative to upcoming elections: for example, initiative measures must qualify by a certain date before the next statewide general election (131 days before). 

Local / City / County Petitions

If you are doing a petition at the city or county level (for a city ordinance, charter amendment, or county initiative), many of the same steps apply, but local charters, municipal codes and county laws may add or change requirements. 

• Notice of intention to circulate a petition is often required, with publication in local newspapers.
• Signature thresholds are often based on registered voters in the local jurisdiction, and percentages may differ (e.g. 10%, 15%) depending on whether it’s a charter amendment or a regular initiative.
• Deadlines for filing the petition with signatures, and timelines for elections, will depend on local election schedules and county/city clerk offices.

Legal Format Requirements & Other Rules

To avoid disqualification, you must adhere to legal technicalities. 

• Font sizes, layout, and content per section: The text of the measure, title & summary prepared by AG, and other statutory required content must appear appropriately on each petition section.
  
• Petition circulator rules: Sometimes there are rules about disclosure (who is paying them, if they are paid or volunteer), registration or identification. New laws introduce accountability for paid circulators.
  
• Single subject rule: The proposed initiative must generally address only one subject, to avoid being challenged in court.
  
• Addresses and residence: Signers need to be registered voters, usually with their residence addresses, signature date etc. If format or required text is missing or incorrect on a petition section, that section (or those signatures) may be invalid.

Common Pitfalls & Legal Challenges

Starting a petition may seem straightforward, but many fail due to avoidable mistakes. Here are some:

• Not meeting the signature requirement (or doing just barely enough, with little margin for invalid signatures).
• Missing deadlines: e.g. filing after 180-day circulation window, failing to get official summary prepared in time, or missing local election filing cutoff dates.
• Format non-compliance: wrong font size, missing title & summary on each petition section, missing circulator declarations, or missing “top funders” disclosures if required. 
• Not properly notifying the public where required (notice of intent), or failing to publish in the local newspaper if required.
• Subject conflicts or violations of constitutional constraints (single subject, treating different jurisdictions differently, making unfunded mandates etc.).

Statewide Signature Requirements (Recent Guide)

To give you numbers as of the most recent laws are as given below:

• Initiative statute (state law): ~ 546,651 signatures required statewide.
• Initiative constitutional amendment: ~ 874,641 signatures required.

Final Thoughts

Starting a petition in California is feasible but requires careful adherence to the legal requirements. Whether you aim for a statewide initiative or a local city ordinance, the key is to follow the law: correct drafting, format, timing, signature gathering, and verification. Do your homework, plan for hurdles, and build in extra time and resources. If you do it right, a petition can be a powerful means to bring about change.

FAQs for How to Start a Petition Legally in California