AB 459 California Assembly · 2025-2026 Regular Session

Initiatives: qualification: electronic signatures.

Summary

Existing law prescribes the procedures for circulating an initiative, referendum, or recall petition for signature by voters. This bill would require the Secretary of State to develop a system that allows a proponent of a state or local initiative, referendum, or recall petition to have the petition posted on the Secretary of State's internet website where a voter can electronically sign the petition. The bill would require the Secretary of State and elections officials to perform specified tasks in connection with the electronic circulation of petitions, including verifying the electronic signatures, as specified. By imposing additional duties on elections officials, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Issues: ✓ Technology

Bill status failed 1 of 4 stages cleared

Introduction

Feb 2025

Committee Review

Floor Vote

Governor

Introduced Feb 6, 2025 Last action Feb 2, 2026

Maddy AI version diff · 3 comparisons

What changed between versions

03/28/25 - Amended Assembly → 04/08/25 - Amended Assembly · 5 edits · Apr 8, 2025

MODERATE

The April 8 amendment to AB 459 makes two major substantive changes: it adds explicit language throughout the bill clarifying that electronic signatures count toward the same signature threshold as paper signatures (i.e., they can be combined to meet qualification requirements), and it requires the Secretary of State to provide petition proponents with an ongoing list of individuals who signed electronically during the circulation period. The amendment also removes a prior legislative intent statement about future changes to initiative qualification and voting rules, and updates fiscal designations to reflect that the bill does impose a state-mandated local program.

REQUIREMENT

New language added in Section 109(c) and parallel provisions in Sections 9036(b), 9118.1(b), 9311.5(b), 11108.5(b), and 11228(b) explicitly states that electronic signatures are added to paper signatures to determine whether a petition meets the minimum threshold for ballot qualification. This clarifies that proponents can combine both types of signatures rather than needing to meet the full threshold with one type alone.

New paragraph (5) added to Sections 9023(b), 9107.5(b), 9206.5(b), 9304.7(b), and 11042.1(b) requires the Secretary of State to provide the petition proponent with an ongoing list of individuals who signed the petition electronically during the circulation period.

SCOPE

The former final section stating the Legislature's intent to enact subsequent legislation changing requirements for qualifying and voting on initiative measures was removed entirely from the bill.

FISCAL

The fiscal designation changed: 'Fiscal committee' went from 'no' to 'yes' and 'State-mandated local program' went from 'no' to 'yes,' acknowledging that the bill imposes costs on local agencies that trigger the state mandate reimbursement process.

TECHNICAL

Section 109 was restructured: the old subdivision (d) on signature verification became (d)(1), the old language about electronic signatures being deemed personally affixed moved to (d)(2), and the old subdivision (e) about not requiring a circulator affidavit moved to (d)(3). A typo in Section 11108.5 was corrected from 'electrically' to 'electronically'.

02/06/25 - Introduced → 03/28/25 - Amended Assembly · 7 edits · Mar 28, 2025

MODERATE

AB 459 was transformed from a one-line legislative intent statement into a comprehensive bill establishing an electronic petition signing system on the Secretary of State's website for initiatives, referendums, and recall petitions at all levels of government (state, county, city, school district, and special district). The amended version adds 12 new sections to the Elections Code creating detailed procedures for posting petitions, collecting electronic signatures, verifying them, and certifying results. This is a major expansion from a placeholder bill into operative legislation that would fundamentally change how California voters can sign direct democracy petitions.

SCOPE

The bill now applies to all three types of direct democracy measures (initiatives, referendums, and recalls) at every level of government: state, county, city, school district, and special district. The original bill only expressed intent regarding initiative measures generally.

REQUIREMENT

Requires the Secretary of State to develop a system on its internet website where voters can view petitions, read arguments for and against (or recall statements), provide identifying information, and electronically sign petitions. An ongoing tally of signatures must be posted publicly.

Exempts electronically signed petitions from the requirement that signatures be accompanied by an affidavit or declaration signed by a circulator, at every level of government (state, county, city, district).

DEFINITION

Establishes that electronic signatures submitted through the system are deemed personally affixed to the petition and treated as a 'signature' under Elections Code Section 354.5, overriding Government Code Section 16.5 which otherwise restricts electronic signatures.

ENFORCEMENT

Creates verification procedures: for state petitions the Secretary of State verifies signatures and certifies sufficiency; for local petitions the relevant elections official requests data from the Secretary of State, examines signatures, and certifies results to the appropriate governing body.

FISCAL

Fiscal committee designation changed from 'no' to 'yes' and state-mandated local program changed from 'no' to 'yes', reflecting that the bill now imposes costs on local agencies. A new Section 13 provides for reimbursement through the Commission on State Mandates if mandated costs are found.

TIMELINE

Specifies that signature verification occurs upon close of the circulation period for initiatives/referendums and immediately after the deadline for submission of all signatures for recall petitions.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Feb 2, 2026

Lower · Passed

From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

lower

Apr 30, 2025

Lower · Passed

In committee: Set, first hearing. Failed passage. Reconsideration granted.

lower

Apr 9, 2025

Committee

Re-referred to Com. on ELECTIONS.

lower

Apr 8, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

lower

Apr 1, 2025

Committee

Re-referred to Com. on ELECTIONS.

lower

Mar 28, 2025

Introduced

From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

lower

Mar 28, 2025

Committee

Referred to Com. on ELECTIONS.

lower

Feb 7, 2025

Lower · Passed

From printer. May be heard in committee March 9.

lower

1 primary · 0 co-sponsors