BILL ANALYSIS AB 2796 Page 1 Date of Hearing: May 4, 2010 ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING Paul Fong, Chair AB 2796 (Elections & Redistricting Committee) - As Introduced: March 25, 2010 SUBJECT : Elections: ballot materials. SUMMARY : Repeals a requirement that a member of a school board be authorized by the board in order to submit ballot arguments for or against a school measure. Specifically, this bill : 1)Repeals a requirement that a member or members of a school board must be authorized by the board in order to file a written argument for or against any school measure. 2)Makes a corresponding change to a provision of law that governs the priority order that elections officials follow if multiple ballot arguments are submitted in support of or in opposition to a school measure. 3)Makes a technical change to a provision of law that governs the priority order that elections officials follow if multiple ballot arguments are submitted in support of or in opposition to a county measure. EXISTING LAW : 1)Requires a member or members of a school board to be authorized by the board in order to file a written argument for or against any school measure. 2)Provides that if more than one argument is submitted for or against a school or county measure, the elections official shall select one argument in favor and one argument against the measure giving preference and priority to arguments submitted in the following order: a) Arguments submitted by the board or by a member or members of the board authorized by the board; b) Arguments submitted by the individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents AB 2796 Page 2 of the measure; c) Arguments submitted by bona fide associations of citizens; and, d) Arguments submitted by individual voters who are eligible to vote on the measure. FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel. COMMENTS : 1)Purpose of the Bill : This is one of the Assembly Elections and Redistricting Committee's omnibus bills, containing various minor and technical changes to provisions of state law governing elections. 2)Ballot Arguments : Last year, the Assembly Elections & Redistricting Committee authored AB 1574, Chapter 549, Statutes of 2009, a local elections omnibus bill. Among other provisions, AB 1574 repealed a requirement that a member of a board of supervisors must be authorized by the board to submit arguments on a county ballot measure in order to submit such arguments. That provision was repealed due to concerns that it arguably was unconstitutional, as it limited the ability of a member of the board to submit an argument in support of or in opposition to a measure, thereby limiting that member's right to free speech. This bill makes similar changes to provisions of existing law governing arguments for or against school measures that are submitted by a member or members of the school board. Additionally, this bill makes corresponding changes to two provisions of state law that govern the priority order that elections officials follow if multiple ballot arguments are submitted in support of or in opposition to a ballot measure. REGISTERED SUPPORT / OPPOSITION : Support None on file. Opposition AB 2796 Page 3 None on file. Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094