BILL NUMBER: AB 65	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 22, 2011
	AMENDED IN ASSEMBLY  FEBRUARY 2, 2011

INTRODUCED BY   Assembly Member Gatto

                        DECEMBER 9, 2010

   An act to amend Sections 9084 and 9086 of the Elections Code, and
to amend Sections 88001 and 88002 of the Government Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 65, as amended, Gatto. Elections: statewide ballot pamphlet.
   Existing law specifies information that must be included in the
statewide ballot pamphlet for each state measure to be voted upon.
   This bill would require the Secretary of State to include in the
ballot pamphlet a list of the 5 highest contributors of $50,000 or
more to each primarily formed committee supporting each state measure
 and a list of the 5 highest contributors of $50,000 or more to
each primarily formed committee opposing each state measure  ,
as well as the total amount of their contributions, as of 110 days
before election day.
   The Political Reform Act of 1974, an initiative measure, generally
provides that the Legislature may amend the act to further the act's
purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   The act also provides that, notwithstanding this requirement, the
Legislature may amend specified provisions to add to the ballot
pamphlet information regarding candidates or other information.
   This bill, which would permit or require additional information to
be included in the ballot pamphlet, would therefore require a
majority vote.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 9084 of the Elections Code is amended to read:
   9084.  (a) The ballot pamphlet shall contain all of the following:

    (1) A complete copy of each state measure.
    (2) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.
    (3) A copy of the arguments and rebuttals for and against each
state measure.
    (4) A copy of the analysis of each state measure.
    (5) Tables of contents, indexes,  art work  
artwork  , graphics, and other materials that the Secretary of
State determines will make the ballot pamphlet easier to understand
or more useful for the average voter.
    (6) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
    (7) A written explanation of the judicial retention procedure as
required by Section 9083.
    (8) The Voter Bill of Rights pursuant to Section 2300.
   (9) (A)    A list of the five highest
contributors of fifty thousand dollars ($50,000) or more to each
primarily formed committee supporting each state measure and the
total amount of each of their contributions  as of 110 days
before election day  .  Following  
   (B) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee opposing
each state measure and the total amount of each of their
contributions as of 110 days before election day. 
    (C)    Following  the  list
  lists described in subparagraphs (A) and (B) 
shall be a statement that the  list reflects  
lists reflect  only the highest contributors of fifty thousand
dollars ($50,000) or more as of 110 days before election day. For
purposes of this paragraph, all of the following apply: 
   (A) 
    (i)  If a contributor is a committee controlled by a
candidate, the name of the candidate shall be listed. 
   (B) 
    (ii)  If a contributor is a sponsored committee, the
name of the sponsor shall be listed. 
   (C) 
    (iii)  The definitions set forth in Chapter 2
(commencing with Section 82000) of Title 9 of the Government Code
apply to this paragraph.
    (b) If the ballot contains an election for the office of United
States Senator, the ballot pamphlet shall contain information on the
candidates for United States Senator. A candidate for United States
Senator may purchase the space to place a statement in the state
ballot pamphlet that does not exceed 250 words. The statement may not
make any reference to any opponent of the candidate. The statement
may be submitted in accordance with timeframes and procedures set
forth by the Secretary of State for the preparation of the state
ballot pamphlet.
    (c) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, the ballot pamphlet
shall contain information on the justices of the Supreme Court who
are subject to confirmation or retention.
    (d) If the ballot contains an election for the offices of
President and Vice President of the United States, the ballot
pamphlet shall contain a notice that refers voters to the Secretary
of State's Internet Web site for information about the candidates for
the offices of President and Vice President of the United States.
  SEC. 2.  Section 9086 of the Elections Code is amended to read:
   9086.  The ballot pamphlet shall contain as to each state measure
to be voted upon, the following, in the order set forth in this
section:
   (a) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
   (1) Identification of the measure by number and title.
   (2) The official summary prepared by the Attorney General.
   (3) The total number of votes cast for and against the measure in
both the State Senate and Assembly, if the measure was passed by the
Legislature.
   (b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
the analysis shall begin on the lower portion of the first left page
and shall continue on subsequent pages until it is completed.
   (c) Immediately below the analysis by the Legislative Analyst
shall appear  the   a  list of the five
highest contributors of fifty thousand dollars ($50,000) or more to
each primarily formed committee supporting each state measure 
and a list of the five highest contributors of fifty thousand dollars
  ($50,000) or more to each primarily formed committee
opposing each state measure  , as required by paragraph (9) of
subdivision (a) of Section 9084.
    (d) Arguments for and against the measure shall be placed on the
next left and right pages, respectively, following the final page of
the analysis of the Legislative Analyst. The rebuttals shall be
placed immediately below the arguments.
    (e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
    (f) The complete text of each measure shall appear at the back of
the pamphlet. The text of the measure shall contain the provisions
of the proposed measure and the existing provisions of law repealed
or revised by the measure. The provisions of the proposed measure
differing from the existing provisions of law affected shall be
distinguished in print, so as to facilitate comparison.
    (g) The following statement shall be printed at the bottom of
each page where arguments appear: "Arguments printed on this page are
the opinions of the authors  ,  and have not been
checked for accuracy by any official agency."
  SEC. 3.  Section 88001 of the Government Code is amended to read:
   88001.  (a) The ballot pamphlet shall contain all of the
following:
    (1) A complete copy of each state measure.
    (2) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.
    (3) A copy of the arguments and rebuttals for and against each
state measure.
    (4) A copy of the analysis of each state measure.
    (5) Tables of contents, indexes,  art work  
artwork  , graphics, and other materials that the Secretary of
State determines will make the ballot pamphlet easier to understand
or more useful for the average voter.
    (6) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
    (7) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.
    (8) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.
   (9)  (A)    A list of the five highest
contributors of fifty thousand dollars ($50,000) or more to each
primarily formed committee supporting each state measure and the
total amount of each of their contributions as of 110 days before
election day.  Following  
   (B) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee opposing
each state measure and the total amount of each of their
contributions as of 110 days before election day. 
    (C)     Following  the  list
  lists described in subparagraphs (A) and (B) 
shall be a statement that the  list only reflects 
 lists reflect only  the highest contributors of fifty
thousand dollars ($50,000) or more as of 110 days before election
day. For purposes of this paragraph, all of the following apply:

   (A) 
    (i)  If a contributor is a committee controlled by a
candidate, the name of the candidate shall be listed. 
   (B) 
    (ii)  If a contributor is a sponsored committee, the
name of the sponsor shall be listed.
    (b) If the ballot contains an election for the office of United
States Senator, the ballot pamphlet shall contain information on the
candidates for United States Senator. A candidate for United States
Senator may purchase the space to place a statement in the state
ballot pamphlet that does not exceed 250 words. The statement shall
not make any reference to any opponent of the candidate. The
statement shall be submitted in accordance with timeframes and
procedures set forth by the Secretary of State for the preparation of
the state ballot pamphlet.
    (c) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, the ballot pamphlet
shall contain information on the justices of the Supreme Court who
are subject to confirmation or retention.
    (d) If the ballot contains an election for the offices of
President and Vice President of the United States, the ballot
pamphlet shall contain a notice that refers voters to the Secretary
of State's Internet Web site for information about the candidates for
the offices of President and Vice President of the United States.
    (e) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.
  SEC. 4.  Section 88002 of the Government Code is amended to read:
   88002.  The ballot pamphlet shall contain as to each state measure
to be voted upon, the following in the order set forth in this
section:
   (a) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:
   (1) The identification of the measure by number and title.
   (2) The official summary prepared by the Attorney General.
   (3) The total number of votes cast for and against the measure in
both the State Senate and Assembly if the measure was passed by the
Legislature.
   (b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that the
analysis fits on a single page. If it does not fit on a single page,
then the analysis shall begin on the lower portion of the first left
page and shall continue on subsequent pages until it is completed.
   (c) Immediately below the analysis by the Legislative Analyst
shall appear  the   a  list of the five
highest contributors of fifty thousand dollars ($50,000) or more to
each primarily formed committee supporting each state measure 
and a list of the five highes   t contributors of fifty
thousand   dollars ($50,000) or more to each primarily
formed committee opposing each state measure  , as required by
paragraph (9) of subdivision (a) of Section 88001.
    (d) Arguments for and against the measure shall be placed on the
next left and right pages, respectively, following the page on which
the analysis of the Legislative Analyst ends. The rebuttals shall be
placed immediately below the arguments.
    (e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
    (f) The complete text of each measure shall appear at the back of
the pamphlet. The text of the measure shall contain the provisions
of the proposed measure and the existing provisions of law repealed
or revised by the measure. The provisions of the proposed measure
differing from the existing provisions of law affected shall be
distinguished in print, so as to facilitate comparison.
    (g) The following statement shall be printed at the bottom of
each page where arguments appear: "Arguments printed on this page are
the opinions of the authors and have not been checked for accuracy
by any official agency."
  SEC. 5.  The Legislature finds and declares that this act amends
the Political Reform Act of 1974 by permitting or requiring the
inclusion of additional information on the ballot pamphlet in
accordance with Section 88007 of the Government Code.