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HomeElections CodeDiv. 0.5Ch. 2§ 104 Petition Circulator Declaration Requirements

§ 104 Petition Circulator Declaration Requirements

Elections Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 104 Petition Circulator Declaration Requirements

This law says anyone who gathers signatures for a petition must attach a signed statement that includes their name, address, the dates they collected signatures, and a few promises about the signatures.

Key Takeaways

  • •Each part of a petition must have a signed declaration from the person who collected the signatures.
  • •The declaration must list the circulator’s name, home address, and the dates signatures were gathered.
  • •The circulator must state they saw the signatures, believe they are real, are 18 or older, and show the required funders sheet if the petition lacks it.
  • •The circulator signs the declaration under penalty of perjury and includes the date and place.

Example

A neighborhood group is collecting signatures to ask the city council for a new park.

When they turn in the petition, they have to include a paper where the person who collected the signatures writes their name, where they live, the dates they got the signatures, says they saw each person sign, believes each signature is real, is at least 18 years old, and if needed shows each signer a correct “Official Top Funders” sheet. They then sign this paper, saying it's true, and note the date and place.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 104 Petition Circulator Declaration Requirements

(a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth, in the circulator’s own hand, the following: (1) The printed name of the circulator. (2) The residence address of the circulator, giving street and number, or if no street or number exists, adequate designation of residence so that the location may be readily ascertained. (3) The dates between which all the signatures to the petition or paper were obtained. (b) Each declaration submitted pursuant to this section shall also set forth the following: (1) That the circulator circulated that section and witnessed the appended signatures being written. (2) That according to the best information and belief of the circulator, each signature is the genuine signature of the person whose name it purports to be. (3) That the circulator is 18 years of age or older. (4) If the petition does not include the disclosure statement described by subdivision (b) of Section 107, that the circulator showed each signer a valid and unfalsified “Official Top Funders” sheet, as required by Section 107. (c) The circulator shall certify the content of the declaration as to its truth and correctness, under penalty of perjury under the laws of the State of California, with the signature of the circulator’s name. The circulator shall state the date and the place of execution on the declaration immediately preceding the circulator’s signature. (Amended by Stats. 2019, Ch. 563, Sec. 2. (SB 47) Effective January 1, 2020.)

Last verified: January 10, 2026

Key Terms

declarationpetitionportpenaltyresidenceofficial top fundersdesignationlocation

Related Statutes

  • § 11043 Petition Signer Information Requirements
  • § 9020 Petition Signer Information Requirements
  • § 2152 Voter Party Preference Changes
  • § 8651 Write-In Presidential Elector Declaration
  • § 107 Top Funders Disclosure Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Elections Code. Section 104.
View Official Source