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  
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