Contact: Warren Slocum, Assessor-County Clerk-Recorder
Phone: 650.363.4988 Fax: 650.363.1903 E-mail: wslocum@smcare.org
Alternate: David Tom, Elections Manager
Phone: (650) 312-5222 E-mail: dtom@smcare.org
(Redwood City, CA) The proponents of the Marijuana Initiative to change California law to legalize marijuana turned in their signatures at election offices throughout the state in their bid to qualify for the November 2010 ballot. They presented the San Mateo County Elections Office with one electronic signature on a jump drive. This is the first time in California history that an electronic signature has been submitted to qualify an initiative petition.
Chief Elections Officer Warren Slocum rejected the electronic signature on the basis that the signature failed to meet the requirements of California Elections Code. The rejection of one electronic signature will not invalidate the initiative’s other signatures. The larger question is whether the courts will allow this kind of technology to be applied in the world of elections.
Slocum cited the California Elections Code which states the following: “…Each signer shall at the time of signing the petition or paper personally affix his or her signature, printed name, and place of residence, giving street and number, and if no street or number exists, then a designation of the place of residence which will enable the location to be readily ascertained.”
Slocum believes that the courts must determine if a signature submitted electronically is “personally affixed” by a voter. “I’m a believer in the technology and look forward to bringing the world of Elections into the 21st century, but I do not have the ability to rule on the legality of an electronic signature as a valid signature for the purpose of qualifying an initiative (or a referendum or recall) on the ballot.”
“Election law did not anticipate this method of signature gathering and it does not offer guidance in this area,” Slocum continued. Different code sections and regulations offer divergent approaches to the use and acceptance of electronic signatures.
“The world has been using electronic signatures to transact business for almost 20 years. People are accustomed to it, trust it, and considerable resources have been spent to ensure its reliability. It’s time for this technology to be applied to the practice of democracy,” said Slocum.
Gathering electronic signatures on smartphones or other electronic devices could mean that voters will have the opportunity to potentially be more thoughtful about petitions they sign.
“I’m convinced that some voters simply sign petitions to get away from the aggressive signature gatherers who set up shop at grocery stores and other widely frequented locations,” said Slocum. “This will give the voter the chance to thoughtfully consider what they’re signing – without pressure.”
Voters who sign petitions electronically will also save time and money for both the circulators of petitions and election offices. “This form of signature gathering could be transformative,” Slocum maintained. He noted that it would save time, money, and reduce the carbon footprint required for election offices to verify signatures on petitions. It will also make it less expensive, and therefore, easier for initiative proponents to gather the required number of signatures.