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