Saturday, October 31, 2009

Is it legal for someone to be anywhere for petitioning or getting signatures for putting initiatives on ballot

I am a U.S. citizen and a resident of the state of CA. I am considering taking a job working for someone (who himself is apparently working as a subcontractor for someone else or an organization) where the work involves getting valid signatures to support putting an initiative on the state ballot.

This person was telling me that it's perfectly legal with respect to federal, state, county, city laws (including any regulations, statutes, codes, etc.), at least in California, to be anywhere to solicit or petition for signatures (including door-to-door canvassing, but also to setup a table outside any shopping center or strip mall or supermarket or retail store without the legal necessity for first getting permission from property owner or store manager)? Is this true?
Answer:
On private property you generally need the permission of the property owner. On public property you cannot be restricted.

Play it safe and ask permission first. And seek legal advice from a qualified local attorney as well.
Actually no. Since the grocery store owner represents the corporation who is paying for use of the land (through property taxes), soliciting signatures without the manager's permission is trespassing on private property.

You may campaign on public property like BART stations, etc.
Working for a person to get signatures for an initiative is valid as long as the issues are legal.
as long as you are doing it on public property and you are asking for peoples signitures and not harrassing them than you should be fine. you can be on privite property too but you must ask the owner/renter of the property before hand.

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