San Mateo's Landmark E-Signature Case Goes Before Court of Appeals

SAN FRANCISCO (KCBS) - Is a blockbuster change on the horizon for California's political process? Perhaps - depending on the outcome of a case before the state Court of Appeals in San Francisco Tuesday.

KCBS' Mike Colgan Reports:

Just how significant could the court's decision be? When it comes to gathering signatures for ballot initiatives, the court could order the biggest change in the process in a century.

In short, the state Court of Appeals has been asked to decide whether electronic signatures should be allowed on petitions.

Pioneering Silicon Valley-based Verafirma filed suit against San Mateo County, after elections officials refused to accept an e-signature on an initiative last year. The company maintains its electronic signature technology is revolutionary, not to mention a key player in the future of politics.

"This is a case where government politics lags behind everybody else," declared San Jose political strategist and Verafirma founder Jude Barry. "People are comfortable buying groceries using electronic signatures, they're buying things at the Apple store using electronic signatures, it's about time they're allowed to read initiatives in the privacy of their own home, not get accosted by people at the grocery store and sign on a touch screen pad."

"There's no reason why politics and government shouldn't enter the 21st century and make this accessible to everybody," Barry summed up his company's position.

As far as San Mateo County elections officials are concerned, their hands are tied. It's not that they elected to reject the e-signature based on personal preference - rather, they were following the rules on the books.

"Even if we wanted to accept the electronic petition, we can't because the legislature hasn't permitted us to do that," explained San Mateo County deputy county counsel David Silberman. "The legislature would have to enact legislation that allows you to accept electronic petitions."

A lower court has already ruled against Verafirma, but pundits who have followed the case closely long predicted it would end up before the state Court of Appeals. It was not initially clear how long it would take the appeals court to issue a decision.

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