3-11-99 This is a opinion issued by county council concerning issues timing of 15 day period to add signatures.

County Of Los Angeles
Office of the County Counsel
848 Kenneth Hahn Hall of Administration
500 West Temple Street Los Angeles, California 90012-2717.

March 9, 1999

Larry J. Calemine, Executive Officer Los Angeles County Local Agency Formation Commission
383 Kenneth Hahn Hall of Administration
500 West Temple Street Los Angeles, California 90012

Re: Valley Vote Signature Verification Process

Dear Mr. Calamine.

At the February 24, 1999, meeting of the LAFCO subcommittee on the special reorganization of the San Fernando Valley, the following Questions (which we have rephrased to facilitate legal analysis) were asked regarding the ongoing Valley Vote signature verification process.

Question 1: Is LAFCO's Executive Officer required to immediately certify whether the petition (original petition sections') is signed by the requisite number of signers once the results of the examination of signatures have been reported to the Executive Officer by the Registrar-Recorder/ County Clerk ("Registrar")

Answer: Yes.

Question 2: Can the proponents review the disqualified signatures on the original petition sections before the Executive Officer has certified the results?

Answer: No.

'By "original petition sections" we are referring to the petition sections flied by the proponents with LAFCO on December 9, 1998.

Question 3: When can the proponents review the disqualified signatures on the original petition sections?

Answer: After the Registrar has completed verification of the signatures and the original petition sections are certified insufficient by the Executive Officer.

Question 4: Assuming the insufficiency of signatures on the original petition sections, can the 15-day period within which the proponents may file supplemental signatures be toiled, i.e., postponed, to first allow the proponents to review and challenge the disqualified signatures on the original petition sections?

Answer: No.

Question 5: Can the proponents review the disqualified signatures on the original petition sections after the Executive Officer has issued his certificate and given notice of insufficiency but be-fore the conclusion of the I Sunday period during which the proponents may file supplemental signatures?

Answer; Yes

Question 6: When can the proponents review the disqualified signatures on the supplemental petition section S? [2]

Answer: After the Registrar has completed verification of the supplemental signatures and the supplemental petition sections are certified insufficient by the Executive Officer.

Question 7: Who is responsible for maintenance of the original petit-Ion sections and of any supplemental petition sections?

'By "supplemental petition sections" we are referring to any petition sections filed by the proponents with LAFCO during the 15--day extension period

Answer: LAFCO's Executive Officer[

Question 1: Is LAFCO's Executive Officer required to immediately certify whether the petition (original petition sections) is signed by the requisite number of signers once the results of the examination of signatures have been reported to the Executive Officer by the Registrar?

Government Code section 56706 provides:

"(a) Within 30 days after the date of receiving a petition, the executive officer shall, if any processing fee established pursuant to Section 56383 has been paid, cause the petition to be examined and shall prepare a certificate of sufficiency indicating whether the petition is signed by the requisite number of signers.

"(b)(1) Except as provided in paragraph (2), if the certificate of the executive officer shows the petition to be insufficient, the executive officer shall immediately give notice by certified mail of the insufficiency to the chief petitioners, if any. That mailed notice shall state in what amount the petition is insufficient- Within 15 days after the date of the notice of insufficiency, a supplemental petition bearing additional signatures may be filed with the executive officer.

"(2) Notwithstanding paragraph (1), the proponents of the petition may, at their option, collect signatures for an additional 16 days immediately following the statutory period allowed for collecting signatures without waiting for notice of insufficiency. Any proponent choosing to exercise this option may not file a supplemental petition as provided in paragraph (1).

"(c) Within 10 days after the date of filing a supplemental petition,

the executive officer shall examine the supplemental petition and certify in writing the results of his or her examination.

"(d) A certificate of sufficiency shall be signed by the executive officer and dated. That certificate shall also state the minimum signature requirements for a sufficient petition and show the results of the executive officer's examination. The executive officer shall mail a copy of the certificate of sufficiency to the chief petitioners, if any." (Emphasis added-)

In this instance, the original petition sections have been transmitted by the Executive Officer to the Registrar for the purpose of comparison of the names of signers on the petition with the voters' register. (See, Government Code, section 56707) Upon receipt of the results of the Registrars examination, the Executive Officer will determine whether the petition is sufficient.

In answer to the first Question, section 56706, subdivision (b)(1), provides that the Executive Officer "shall immediately give notice" by certified mail to the proponents if the petition is found insufficient. In addition to the statutorily prescribed method of notice by certified mail, the Executive Officer may supplement that notice by giving telephone notice as well as faxing a copy to the proponents.

Question 2, Can the proponents review the disqualified signatures on the original petition sections before the Executive Officer has certified the results'?

Government Code section 56709, a provision of the principal act governing LAFCO proceedings, provides in relevant part:

"if the petition, including any supplemental petition, is certified to be insufficient, it shall be filed with the executive officer as a public record, without prejudice to the filing of a new petition (Emphasis added.)

Section 56709 clearly indicates that once the petition or any supplemental petition is certified as insufficient it becomes a public record which any member of the public may review

Section 56709 does not answer the Question whether the proponents may review the disqualified signatures on the original petition before the Executive Officer has certified the results. That Question, we believe, is largely academic, inasmuch as the Registrar will report the results of her examination to the Executive Officer as soon as that examination is completed and the Executive Officer must, in turn, immediately certify whether the petition is sufficient,

In the absence of any other applicable authority, however, we believe that neither the proponents nor others may inspect petition signatures before the Executive Officer has certified the results of the examination. (Cf., Government Code section 6253-5 [in other election matters, the petition may not be inspected by the proponents until after it is found to be insufficient.].)

Question 3: When can the proponents review the disqualified -signatures on the original petition sections?

After the Registrar has completed verification of the signatures and the results are certified insufficient by the Executive Officer. (See, Question 2)

Question 4: Assuming the insufficiency of signatures on the original petition sections, can the 15-day period within which the proponents may file supplemental signatures be tolled, i.e.. postponed, to first allow the proponents to review and challenge the disqualified signatures on the original petition sections?

Section 56706 provides that a supplemental petition bearing additional signatures must be filed with the Executive Officer "within 15 days after the date of the notice of insufficiency," There is no ambiguity in this provision, and we are aware of no authority given LAFCO to extend the 15-day period. To be considered by the Executive Officer, any supplemental signatures must be filed within the statutory time frame,

Question 5. Can the proponents review the disqualified signatures on the original petition sections after the Executive Officer has issued his certificate and given notice of insufficiency but before the conclusion of the 15-day period during which the proponents may file supplemental signatures?

We see no inconsistency in these alternatives, and no legal impediment. The proponents are free to choose their course of action.

Question 6. When can the proponents review the disqualified signatures on the supplemental petition sections?

The process for review of disqualified signatures on the supplemental petition sections is the same as on the original petition sections- Once the Executive Officer has certified in writing the results of the examination of the supplemental petition sections, and if the number of requisite signers remains insufficient, the proponents may review the signatures disqualified by the Registrar.

Question 7: Who is responsible for maintenance of the original petition sections and of any supplemental petition sections?

All petition sections are filed with the Executive Officer (Government Code, sections 56705 & 56706), and the Executive Officer is the custodian of those documents

It is our understanding that upon completion of the verification process the Registrar will return the petition sections to the Executive Officer. On each petition section, under the heading labeled "This column for official use only" the Registrar will code whether the signature was determined to be valid or, if invalid, the reason for invalidity. A copy of the Registrar's petition verification codes and sample petition section page is enclosed.

The Executive Officer may, at his discretion, instruct the Registrar to retain the original and supplemental petition sections at her offices for the period necessary to facilitate the comparison of disqualified signatures against the voters' file.

Very truly yours, Lloyd W, Pellman Co Counsel

By Halvor Melom Principal Deputy County Counsel

Approved And Released Lloyd W, Pellman

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