BILL ANALYSIS
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THIRD READING
Bill No: AB 753
Author: Adams (R)
Amended: 9/2/09 in Senate
Vote: 21
SENATE ELEC., REAP. & CONST. AMEND. COMM. : 5-0, 6/16/09
AYES: Hancock, Walters, DeSaulnier, Liu, Strickland
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 78-0, 5/11/09 (Consent) - See last page
for vote
SUBJECT : Ballot titles and labels
SOURCE : Secretary of State
DIGEST : This bill standardizes and clarifies terminology
and procedures for the preparation of titles, summaries,
and ballot labels for state ballot measures, and
reorganizes provisions of current law governing the
preparation of titles, summaries, and ballot labels for
state ballot measures.
Senate Floor Amendments of 9/2/09 address a chaptering-out
problem with AB 894 (Furutani).
Senate Floor Amendments of 7/23/09 make clarifying changes.
ANALYSIS : Existing law requires the proponents of a
CONTINUED
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proposed statewide initiative or referendum to submit a
draft of that measure to the Attorney General (AG) prior to
the circulation of any initiative or referendum for
signatures. Requires the AG to prepare a title and summary
of the chief purpose and points of that proposed measure.
Limits the length of the title and summary to not more than
100 words. Existing law requires the AG, during the
preparation of a title and summary for a proposed statewide
initiative measure, to determine whether the measure would
affect the revenues or expenditures of the state or local
government. Requires the Department of Finance and the
Joint Legislative Budget Committee to prepare an estimate
of the impact on revenues or expenditures if the AG
determines that the initiative would affect revenues or
expenditures. Requires the AG to include this estimate in
the title and summary.
Existing law requires the AG to provide a ballot title for
each measure submitted to the voters of the whole state.
Provides that the ballot title shall express in not more
than 100 words the purpose of the measure. Requires the
AG, in providing the ballot title, to give a true and
impartial statement of the purpose of the measure in such
language that the ballot title shall neither be an
argument, nor likely to create prejudice, for or against
the proposed measure. Existing law provides that the
statement of all measures submitted to the voters shall be
abbreviated on the ballot. Limits the length of this
abbreviated statement to no more than 75 words. Requires
the abbreviation of measures to be voted on statewide to be
prepared by the AG, and provides that the abbreviated
statement shall be a condensed statement of the ballot
title prepared by the AG.
This bill requires each ballot measure to be designated on
the ballot by its "ballot label," and specifies that the
"ballot label" for statewide measures shall contain no more
than 75 words and shall be a condensed version of the
ballot title and summary including the fiscal impact
summary prepared by the Legislative Analyst's Office.
This bill defines the "ballot title" as the name of a
statewide measure that is included in the "ballot label"
and the "ballot title and summary."
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This bill defines the "ballot title and summary" as the
summary of the chief purposes and points including the
fiscal impact summary of any measure that appears in the
state ballot pamphlet. Requires the ballot title and
summary to include a statement of the measure's fiscal
impact. Limits the summary to 100 words, not including the
fiscal impact statement.
This bill defines the "circulating title and summary" as
the text that is required to be placed on an initiative or
referendum petition that summarizes the chief points and
purposes of the proposed measure. Provides that the
"circulating title and summary" for an initiative measure
includes the fiscal impact of the proposed initiative
measure. Limits the circulating title and summary to 100
words, not including the fiscal impact summary.
This bill requires the AG to provide a copy of the
"circulating title and summary" and its unique numeric
identifier to the proponents and the Secretary of State
(SOS) within 15 days after receipt of the fiscal estimate
or opinion prepared by the Department of Finance and the
Joint Legislative Budget Committee.
This bill requires every proponent of a proposed initiative
measure to provide both of the following at the time the
text of the measure is submitted to the AG for the AG to
prepare a circulating title and summary:
1. An original signed certification stating that the
proponent declares under penalty of perjury that he or
she is a citizen of the United States and is 18 years of
age or older, and that specifies the county in
California in which the proponent resides.
2. Public contact information.
This bill requires all proposed initiative and referenda
measures that are submitted to the AG for the preparation
of a circulating title and summary to be submitted by
United States Mail, alternative mail service, or personal
delivery.
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This bill requires the AG to assign a unique numeric
identifier for each proposed initiative measure that is
submitted for a circulating title and summary to be
prepared. Requires this numeric identifier to be placed
before the circulating title and summary on the initiative
petition.
This bill requires the SOS to notify county elections
officials and the proponents of a proposed initiative or
referendum measure of the circulating title and summary for
that measure and the schedule showing the maximum filing
deadline for that measure within one business day of
receiving the circulating title and summary from the AG.
This bill requires the SOS to transmit a copy of a measure
to the AG promptly after the SOS determines that the
measure will appear on the ballot at the next statewide
election. Requires the AG to provide and return to the SOS
a ballot title and summary and a ballot label for that
measure by a date sufficient to meet ballot pamphlet public
display deadlines.
This bill repeals obsolete requirements regarding the
preparation of ballot labels of not more than 20 words for
elections conducted on voting machines.
This bill reorganizes various provisions of the Elections
Code dealing with the preparation of ballot titles, ballot
labels, and titles and summaries.
Comments
According to the author, this bill is a code cleanup
measure to reorganize, update, and clarify the Elections
Code provisions regarding ballot labels, titles, and
summaries. Current law is confusing to those that have to
enforce it and those who have to abide by it because the
terminology is not consistent in the codes or in keeping
with current practices. In addition, the code is not well
organized, making it difficult for voters and people
wanting to use and understand the initiative process to
adhere to the requirements. The goal of this bill is to
make the terminology consistent throughout the code to make
the process easier to understand and follow for members of
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the public.
Prior legislation . The original version of AB 2584
(Mendoza), 2007-08 Session, contained similar cleanup
language dealing with ballot labels, titles and summaries.
That language was amended out of AB 2584 prior to it being
heard in the Senate Elections, Reapportionment and
Constitutional Amendments Committee.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/17/09)
Secretary of State (source)
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon,
DeVore, Emmerson, Eng, Evans, Feuer, Fletcher, Fong,
Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Jones, Knight, Krekorian, Lieu,
Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning,
Nava, Nestande, Niello, Nielsen, John A. Perez, V. Manuel
Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Bass
NO VOTE RECORDED: Duvall, Yamada
DLW:mw 9/3/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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