BILL ANALYSIS
AB 753
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 753 (Adams)
As Amended September 2, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |78-0 |(May 11, 2009) |SENATE: |39-0 |(September 4, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: E. & R.
SUMMARY : Standardizes and clarifies terminology and procedures
for the preparation of titles, summaries, and ballot labels for
state ballot measures. Reorganizes provisions of existing law
governing the preparation of titles, summaries, and ballot
labels for state ballot measures. Specifically, this bill :
1)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 Attorney General (AG) for the AG
to prepare a circulating title and summary:
a) 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; and,
b) Public contact information.
2)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 means of U.S. Postal
Service, alternative mail service, or personal delivery.
3)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.
4)Requires the Secretary of State (SOS) to notify county
elections officials and the proponents of a proposed
initiative or referendum measure of the circulating title and
AB 753
Page 2
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.
5)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.
6)Repeals obsolete requirements regarding the preparation ballot
labels of not more than 20 words for elections conducted on
voting machines.
7)Reorganizes various provisions of the Elections Code dealing
with the preparation of ballot titles, ballot labels, and
titles and summaries.
The Senate amendments add double-jointing language to avoid
chaptering problems with AB 894 (Furutani) and make various
technical and clarifying changes.
AS PASSED BY THE ASSEMBLY , this bill was substantially similar
to the version approved by the Senate.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible fiscal
impact.
COMMENTS : According to the author, this bill is a "[c]ode
clean-up 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 AB 753 is to make the terminology consistent
throughout the code to make the process easier to understand and
follow for members of the public."
Existing law uses various terms to refer to summaries that are
prepared for state measures and proposed state initiatives and
AB 753
Page 3
referenda. When a person or organization proposes a state
initiative or referendum measure, that measure is given a "title
and summary" by the AG. Once a measure qualifies for the
ballot, the AG must prepare a "ballot title" for the measure,
which is also frequently referred to as the "ballot title and
summary." In addition to preparing a ballot title for any
measure that appears on the statewide ballot, the AG must also
prepare a "condensed statement of the ballot title," which is
also referred to as the "ballot label." Because of the
similarities in the language used to refer to these various
summaries of state measures, and because existing law
occasionally uses multiple different terms to refer to the same
type of summary, there often is confusion about the proper
terminology for specific types of summaries of state measures.
This bill clarifies and standardizes the terminology that is
used to refer to these summaries.
In addition to clarifying and standardizing the terminology that
is used to refer to summaries of state ballot measures and
proposed measures, this bill would reorganize the provisions of
the Elections Code that establish the procedures for the
preparation of those summaries. This reorganization is mostly
non-substantive.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0002873