Assembly BillFailedElections
AB 459: Initiatives: qualification: electronic signatures.
What AB 459 does, verified February 3, 2026
This bill requires the state to develop a system that allows voters to electronically sign initiative, referendum, or recall petitions. The system will be posted on the state's internet website, where voters can access and sign the petition. The state and elections officials will be responsible for verifying the electronic signatures. The bill also includes provisions for reimbursement of costs if the commission on state mandates determines that the bill contains mandated state costs.
Bill journey
✓IntroducedComplete
2In CommitteeCurrent
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. (2026-02-02)Alert me
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| Feb. 02, 2026 | From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. |
| Jan. 31, 2026 | Died pursuant to Art. IV, Sec. 10(c) of the Constitution. |
| Apr. 30, 2025 | In committee: Set, first hearing. Failed passage. Reconsideration granted. |
| Apr. 09, 2025 | Re-referred to Com. on ELECTIONS. |
| Apr. 08, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended. |
Latest bill textAmended version, April 8, 2025 · 603 words
| Amended IN Assembly April 08, 2025 |
| Amended IN Assembly March 28, 2025 |
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 459
| Introduced by Assembly Member DeMaio |
February 06, 2025 |
An act to add Sections 109, 9023, 9036, 9107.5, 9118.1, 9206.5, 9215.1, 9304.7, 9311.5, 11042.1, 11108.5, and 11228 to the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 459, as amended, DeMaio. Initiatives: qualification: electronic signatures.
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.
The people of the State of California do enact as follows:
SECTION 1.
Section 109 is added to the Elections Code, to read:109.
(a) The Secretary of State shall develop a system on the Secretary of State’s internet website that allows a voter to do all of the following:(1) View an initiative, referendum, or recall petition that is required to be signed by voters of the state or the applicable county, city, school district, or special district.
(2) (A) For an initiative or referendum petition, view the arguments for and against the petition that are submitted by a proponent or opponent of the measure.
(B) For a recall petition, view the statement of the reasons for recall and the answer to that statement.
(3) Enable a voter to provide necessary identifying information and electronically sign the petition on the Secretary of State’s internet website.
(b) The Secretary of State shall post on its internet website an ongoing tally of the total number of electronic signatures for each petition electronically circulated pursuant to this section.
(c) Notwithstanding any other law, the total number of electronic signatures for a petition electronically circulated pursuant to this section shall be added to the total number of written signatures affixed to a hard copy section of the same petition for purposes of determining whether the total number of registered voters who have signed the petition meets or exceeds the minimum number necessary for the measure to qualify for the ballot.
(c)
(d) (1) The system developed pursuant to this section shall enable the Secretary of State to verify the authenticity of an electronic signature.
(d)
(2)
Notwithstanding Section 16.5 of the Government Code, an electronic signature submitted pursuant to this section may be used to sign an initiative, referendum, or recall petition. The signature and information obtained pursuant to this section shall be deemed to be personally affixed to the petition, and the signature shall be treated as a “signature” as defined in Section 354.5.(e)
(3)
Notwithstanding Section 104 or any other law, an electronic signature submitted pursuant to this section is not required to be accompanied by an affidavit or declaration signed by the circulator.Text of AB 459 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions