BILL ANALYSIS SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND CONSTITUTIONAL AMENDMENTS Senator Loni Hancock, Chair BILL NO: AB 2796 HEARING DATE:6/29/10 AUTHOR: Assembly E&R Comm. ANALYSIS BY: Frances Tibon Estoista AMENDED: AS INTRODUCED FISCAL: NO SUBJECT Elections: ballot measures DESCRIPTION Existing law 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. Existing law 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 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. This bill repeals a requirement that a member or members of a school board be authorized by the board in order to file a written argument for or against any school measure. This bill 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. This bill 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. BACKGROUND 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. COMMENTS 1. According to the Author : 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. 2. Previous Legislation : AB 1574 (Assembly E&R Committee) Chapter 549 Statutes of 2009, was also a committee omnibus bill and repealed the 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. PRIOR ACTION Assembly Elections and Redistricting Committee: 7-0 Assembly Floor: 76-0 POSITIONS AB 2796 (ASSEMBLY E&R COMM.) Page 2 Sponsor: Author Support: Secretary of State Oppose: None received AB 2796 (ASSEMBLY E&R COMM.) Page 3