BILL ANALYSIS
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THIRD READING
Bill No: AB 2796
Author: Assembly Elections and Redistricting Committee
Amended: As introduced
Vote: 21
SENATE ELECTIONS, REAP. & C.A. COMMITTEE : 4-0, 6/29/10
AYES: Hancock, DeSaulnier, Liu, Strickland
NO VOTE RECORDED: Denham
ASSEMBLY FLOOR : 76-0, 5/13/10 (Consent) - See last page
for vote
SUBJECT : Elections: ballot measures
SOURCE : Author
DIGEST : This bill 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.
ANALYSIS :
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
CONTINUED
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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.
D. Arguments submitted by individual voters who are
eligible to vote on the measure.
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.
Comments
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.
Ballot arguments . Last year, AB 1574 (Assembly Elections
and Redistricting Committee), Chapter 549, Statutes of
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2009, a local elections omnibus bill, among other
provisions, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Blakeslee, Block,
Blumenfield, Bradford, Brownley, Buchanan, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Emmerson, Eng, Evans, Feuer,
Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines,
Galgiani, Garrick, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries,
Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, V. Manuel Perez, Portantino, Ruskin, Salas,
Saldana, Silva, Smyth, Solorio, Audra Strickland,
Swanson, Torlakson, Torres, Torrico, Tran, Villines,
Yamada, John A. Perez
NO VOTE RECORDED: Caballero, Norby, Skinner, Vacancy
DLW:mw 8/22/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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