For a flowchart of this process, please click here.

The number of signatures required for a County Initiative Petition to be sufficient is based on the most recent votes cast for Governor.

In the last gubernatorial election (November 8, 2022), 19,845 San Benito County voters cast votes for the office of Governor.  As such, the current number of signatures required to find a petition sufficient in San Benito County is:  1,985.

NOTICE OF INTENTION (§9103, §9104)

Prior to the preparation or circulation of any initiative petition, the proponents shall file with the Registrar of Voters a notice of intention to do so. The notice shall include the names and business or residence addresses of at least one but not more than five proponents of the petition and shall also be accompanied by the written text of the initiative and a request that a ballot title and summary be prepared. The notice of intention may also include a printed statement, not exceeding 500 words in length, stating the reasons for the proposed petition. The notice shall be in substantially the following form:

Notice of Intention to Circulate Petition

Notice is hereby given by the persons whose names appear hereon of their intention to circulate the petition within the County of San Benito for the purpose of ___________________________. A statement of the reasons of the proposed action as contemplated in the petition is as follows:

(optional statement).

An example of a county Notice of Intention form can be found here

DEPOSIT OF FEES (§9103)

Any persons filing a notice of intent to circulate an initiative petition are required to pay a $200.00 deposit, established by the Board of Supervisors, at the time the notice of intention is submitted to the Registrar of Voters.

This fee is refunded to the filer if within one year of the date of filing the notice of intention, the Registrar of Voters certifies the sufficiency of the petition.

BALLOT TITLE AND SUMMARY (§9105)

After receipt of a notice of intention to circulate an initiative petition the Registrar of Voters will immediately transmit a copy of the proposed measure to County Counsel. Within 15 days after the proposed measure is filed, County Counsel shall provide and return to the Registrar of Voters a ballot title and summary for the proposed measure. The ballot title may differ from any other title of the proposed measure and shall express in 500 words or less the purpose of the proposed measure. In providing the ballot title, County Counsel shall give a true and impartial statement of the purpose of the proposed measure in such language that the ballot title shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.

WRIT OF MANDATE – TITLE OR SUMMARY (§9106)

The proponents may seek a writ of mandate requiring the ballot title or summary prepared by County Counsel to be amended. The court shall expedite the hearing on the writ. A peremptory writ of mandate shall be issued only upon clear and convincing proof that the ballot title or summary is false, misleading, or inconsistent with the requirements of section 9105.

PUBLICATION OF THE NOTICE OF INTENTION (§9105)

After receipt from County Counsel, the Registrar of Voters shall immediately furnish a copy of the ballot title and summary to the proponents of the proposed measure. Prior to the circulation of the petition, the proponents shall publish the notice of intention and the ballot title and summary in a newspaper of general circulation published in San Benito County. Proof of publication must be filed with the Registrar of Voters.

PETITION PREPARATION (§101, §9105)

Initiative proponents are responsible for the preparation and printing of petitions. The ballot title and summary prepared by County Counsel shall appear upon each section of the petition above the text of the proposed measure and across the top of each page on which signatures are to appear. It shall be in 12-point or larger Roman boldface type. The ballot title and summary shall be clearly separated from the text of the measure. The text of the measure should be printed in 8-point type or larger.

The heading of the proposed measure shall be in substantially the following form:

Initiative Measure to be Submitted Directly to the Voters

The County Counsel has prepared the following title and summary of the chief purpose and points of the proposed measure:

(Here set forth the title and summary prepared by County Counsel. This title and summary must also be printed across the top of each page of the petition whereon signatures are to appear).

Following the ballot title and summary, place the complete text of the proposed measure and the statement of the reasons of the proposed action as contemplated in the petition (if the statement was submitted). Immediately preceding the portion of the petition where voters are to sign, a notice in 12-point type must appear containing this statement:

“NOTICE TO THE PUBLIC”

THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK THIS QUESTION.

FORM OF THE PETITION (§100)

State law specifies the format for petitions. The Registrar of Voters will not accept petitions that do not conform to the law. Several people, each carrying separate, identical parts of the petition called “sections”, may circulate the petition. Only a person who is an eligible registered voter at the time of signing the petition is entitled to sign it. A person who submits his or her affidavit of registration of registration pursuant to subdivision d of section 2102 is not eligible to sign a petition or paper unless at the time of signing he or she is 18 years of age. Each petition section shall be designed so that each signer can, as required by law, personally affix his or her:

1. signature;
2. printed name; and
3. residence address, giving street and number. If no street or number exists,
   then adequate designation of the residence must be given so that the location
   may be readily determined.

A space at least one inch wide shall be left blank across the top of each page and after each name for the use of the Registrar of Voters in verifying the petition or paper. The part of the petition for the voters’ signatures shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:

Each section of the petition shall bear a full and correct copy of the printed notice of intention to circulate and the title and summary prepared by County Counsel.

An example of a county Initiative Petition form can be found here.

DECLARATION OF CIRCULATOR (§102, §104, §9109)

1. Each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper setting forth, in the circulator’s own hand, the following:
   1. the printed name of the circulator;
   2. the residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained; and
   3. the dates between which all the signatures on that section were obtained.
2. Each declaration submitted shall also set forth the following:
   1. that the circulator circulated that section and saw the appended signatures being written; and
   2. that according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.
3. The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury, under the laws of the State of California with the signature of his or her name at length, including given name, middle name or initial. The circulator shall state the date and the place of execution on the declaration immediately following his or her signature.
4. A person who is a voter or who is qualified to register to vote in this state may circulate an initiative or referendum petition.

CIRCULATING THE PETITION (§102, §9108)

The proponents may circulate the petition for signatures of registered voters of San Benito County after publication of the title and summary prepared by County Counsel. Each section of the petition shall bear a copy of the notice of intention, and the title and summary prepared by County Counsel.

WHO MAY SIGN THE PETITION (§100, §9108)

Only a person who is a qualified registered voter in San Benito County at the time of signing may sign a petition being circulated in San Benito County. If the person circulating the petition is a registered voter of the jurisdiction the circulator may also sign it. The signature of the circulator shall be given the same effect as that of any other qualified signer.

WHEN TO FILE THE PETITION (§9110)

The petition shall be presented to the Registrar of Voters within 180 days from the date of receipt of the title and summary, or after termination of any action for a writ of mandate, pursuant to §9106 and, if applicable, after receipt of an amended title and summary, whichever occurs later.

FILING THE PETITION (§9113)

The petition shall be filed by the proponents or by any person authorized in writing by the proponents. All sections of the petition must be filed at one time at the Registrar of Voters Office. Any section of the petition not filed at that time will be void for all purposes. At the time of filing, the Registrar of Voters will determine the total number of signatures on the petition. If the petition contains the required number of signatures, the Registrar of Voters shall examine the petition. If the Registrar of Voters determines the petition does not contain the required number of signatures, no further action shall be taken.

EXAMINATION OF SIGNATURES (§9114, §9115)

The Registrar of Voters has 30 days from the date of filing the petition, excluding Saturdays, Sundays, and holidays, to determine whether the required number of voters has signed the petition and to certify the results. If the petition is found to be insufficient, the Registrar of Voters will notify the proponents and no further action will be taken. If the petition is found to be sufficient, the Registrar of Voters will notify proponents and certify he results to the Board of Supervisors at their next regular meeting. However, pursuant to §9115, if the petition contains more than 500 signatures, the Registrar of Voters may randomly sample 3 percent or 500 signatures for verification, whichever is greater.

DISPOSITION OF SUFFICIENT PETITION (§9118)

1. If the initiative petition is signed by voters not less in number than 10 percent of the entire vote cast in San Benito County for all candidates for Governor at the last gubernatorial election preceding the publication of the notice of intention to circulate an initiative petition, the board of supervisors shall do one of the following:
   1. Adopt the ordinance without alteration at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented.
   2. Submit the ordinance, without alteration, to the voters pursuant to subdivision (b) of Section 1405, unless the ordinance petitioned for is required to be, or for some reason is, submitted to the voters at a special election pursuant to subdivision (a) of Section 1405.
   3. Order a report pursuant to Section 9111 at the regular meeting at which the certification of the petition is presented. When the report is presented to the board of supervisors, it shall either adopt the ordinance within 10 days or order an election pursuant to subdivision (b).

For a flowchart of this process, please click here.

The number of signatures required to find a petition sufficient depends upon the number of registered voters in that district.  The Elections Department cannot provide those numbers here.  To determine the current number for a specific district, please contact us at (831) 636-4016 or by email at sbcvote@cosb.us.

IN GENERAL (§9300)

In addition to any other method provided by law, ordinances may be enacted by any district pursuant to Article 1, except that this article shall not apply to irrigation districts, to a district formed under a law that does not provide a procedure for elections, to a district formed under a law which does not provide for action by ordinance, to a district governed by an election procedure that permits voters, in electing the district’s directors or trustees, to
cast more than one vote per voter, or to a district in which the directors are empowered to cast more than one vote per director when acting on any matter.

DEFINITIONS

• District: For the purposes of district initiatives, “district” includes any regional agency that has the power to tax, regulate land use, or to condemn and purchase land. (§317)
• Clerk: “Clerk” means the County Elections Official, Registrar of Voters, City Clerk or other officer charged with the duty of conducting an election (§307)

SUBMISSION OF PROPOSED ORDINANCE BY PETITION (§9301)

Any proposed ordinance may be submitted to the governing board of the district by an initiative petition filed with the district’s elections official.

PUBLICATION OF NOTICE OF INTENTION (§9302, §9303)

Before circulating an initiative petition in any district, the proponents of that measure shall publish a notice of intention. A printed statement stating the reasons for the proposed petition shall accompany the notice. The printed statement shall not exceed 500 words. The notice shall be signed by at least one, but not more than five, proponents and shall be substantially in the following form:

Notice of Intention to Circulate Initiative Petition

Notice is hereby given of the intention of the persons whose names appear hereon of their intention to circulate the petition within the ________________ district for the purpose of __________________. A statement of the reasons for the proposed actions as contemplated is as follows:

An example of a district Notice of Intention form can be found here.

The notice of intention and statement shall be published or posted, or both, as follows:

1. If there is a newspaper of general circulation within the district, the notice and statement shall be published at least once.
2. If the petition is to be circulated in a district in which there is no newspaper of general circulation, the notice and statement shall be published at least once in a newspaper of general circulation within the county in which the district is located, and the notice and statement shall be posted in three public places within the district.

FILING OF NOTICE AND STATEMENT (§9304)

Within 10 days after the date of publication or posting, or both, of the notice of intention and statement, the proponents shall file a copy of the notice and statement as published or posted, or both, together with an affidavit made by a representative of the newspaper in which the notice was published. If the notice was posted, an affidavit made by a voter of the district certifying to the fact of posting must be included. The affidavit and copies of the notice and statement shall be filed with the elections official of the district.

FORM OF PETITION (§100, §101, §9020, §9022, §9301)

State law specifies the format for petitions. The Registrar of Voters will not accept petitions that do not conform to the law. Several people, each carrying separate, identical parts of the petition called “sections”, may circulate the petition. Only a person who is a qualified registered voter at the time of signing the petition is entitled to sign it. A person who submits his or her affidavit of registration pursuant to subdivision (d) of section 2102 is not eligible to sign a petition or paper unless at the time of signing he or she is 18 years of age. Each petition section shall be designed so that each signer can, as required by law, personally affix his or her:

1. signature;
2. printed name; and
3. residence address, giving street and number. If no street or number exists, then adequate designation of the residence must be given so that the location may be readily determined.
4. name of incorporated city or unincorporated community.

A space at least one inch wide shall be left blank across the top of each page and after each name for the use of the Registrar of Voters in verifying the petition or paper. The part of the petition for the voters’ signatures shall be numbered consecutively commencing with the number one and continuing through the number of signature spaces allotted to each section. The petition format shall be substantially in the following form:

Notwithstanding any other provision of law, any state or local initiative petition required to be signed by voters shall contain in 12-point type, prior to that portion of the petition for voters’ signatures, printed names, and residence addresses, the following language:

NOTICE TO THE PUBLIC

THIS PETITION MAY BE CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK.

An example of a district initiative petition form can be found here.

DECLARATION OF CIRCULATOR (§104, §9022, §9301, §9307)

1. Each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper setting forth, in the circulator’s own hand, the following:
   1. the printed name of the circulator;
   2. the residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained;
   3. and the dates between which all the signatures on that section were obtained.
2. Each declaration submitted shall also set forth the following:
   1. that the circulator is any person who is a voter or who is qualified to register to vote in the district;
   2. that the circulator circulated that section and saw the appended signatures being written; and
   3. that according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be.
3. The circulator shall certify to the content of the declaration as to its truth and correctness, under penalty of perjury, with the signature of his or her name at length, including given name, middle name or initial. The circulator shall state the date and the place of execution on the declaration immediately following his or her signature.

CIRCULATING OF THE PETITION (§9305)

After the publication or posting, or both, of the notice of intention and statement, the petition may be circulated among the voters of the district for signatures by any person who is a voter or who is qualified to register to vote in the district. Each section of the petition shall bear a copy of the notice of intention and statement.

FILING OF PETITION (§9306)

Signatures upon petitions and sections thereof shall be secured, and the petition, together with all sections, shall be filed within 180 days from the date of publication or posting, or both, of the notice of intention and statement. If the petition and its sections are not filed within the time required, they will be void for all purposes.

EXAMINATION OF SIGNATURES (§9308, §9309)

1. Unless a random sampling technique is used, within 30 days from the date of filing of the petition, excluding Saturdays, Sundays and holidays, the district’s elections official shall examine the petition, and from the records ascertain whether or not the requisite number of voters signed the petition. A certificate showing the results of this examination shall be attached to the petition.
2. Within 30 days from the date of filing of the petition, excluding Saturdays, Sundays, and holidays, if more than 500 signatures have been signed on the petition, the district’s 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 district’s elections official shall be given an equal opportunity to be included in the sample. The random sample shall include an examination of at least 500 or 3 percent of the signatures, whichever is greater. A certificate showing the results of this examination shall be attached to the petition.
3. If the petition is found insufficient, no action shall be taken on the petition. However, failure to secure sufficient signatures shall not preclude the filing of an entirely new petition to the same effect.
4. If the petition is found to be sufficient, the elections official shall certify the results of the examination to the governing board of the district at the next regular meeting of the Board.

DISPOSITION OF SUFFICIENT PETITION (§9310)

1. If the initiative petition is signed by voters not less in number than 10 percent of the voters in the district, the district board shall do either of the following (code paraphrased to display details as they apply to San Benito County):

   1. Adopt the ordinance, without alteration, either at the regular meeting at which the certification of the petition is presented, or within 10 days after it is presented.

   2. Submit the ordinance, without alteration, to the voters pursuant to Section 1405.

2. The number of registered voters referred to in subdivision (a) shall be calculated as of the time of the last report of registration by the county elections official to the Secretary of State made prior to publication or posting of the notice of intention to circulate the initiative petition.