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SB 1441 – Public Records Act: Election Petitions

CATEGORY: Client Update for Public Agencies, Fire Watch, Law Enforcement Briefing Room
CLIENT TYPE: Public Employers, Public Safety
DATE: Oct 23, 2024

The California Public Records Act (CPRA) generally requires public records to be open for inspection by the public, subject to certain, but numerous, exceptions. Existing law generally includes, in the meaning of “public records”, any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. Under current law, certain election petitions are not public records and are not open to inspection except by certain persons. Specifically, existing law authorizes, among other persons, the proponents of a petition found to be insufficient or their designated representative to examine the petition no later than 21 days after certification of the insufficiency.

Senate Bill 1441 (SB 1441) requires the examination to conclude no later than 60 days after it commenced. If the examination does not conclude within five (5) business days, the law requires that the proponents of the examination reimburse the county for any costs incurred to continue the examination, as provided. When an examination continues beyond five (5) business days, the law requires the elections official to estimate at the beginning of each day and the proponent to deposit with the elections official a sum required by the elections official to support the examination for that day.

(SB 1441 amends section 7924.110 of the Government Code.)

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