BILL ANALYSIS Ó
SB 202
Page 1
( Without Reference to File )
SENATE THIRD READING
SB 202 (Hancock)
As Amended September 8, 2011
Majority vote
SENATE VOTE :Vote not relevant
ELECTIONS APPROPRIATIONS
(vote not relevant) (vote not relevant)
ELECTIONS 5-2
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|Ayes:|Fong, Bonilla, Hall, | | |
| |Mendoza, Swanson | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Logue, Valadao | | |
| | | | |
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SUMMARY : Moves ACA 4 of the 2009-2010 Regular Session from the
June 2012 statewide primary election ballot to the November 2014
statewide general election ballot. Provides that state
initiative and referendum measures that qualify for the ballot
on or after July 1, 2011, shall appear on the ballot only at the
November statewide general election or at a statewide special
election. Specifically, this bill :
1)Moves ACA 4 of the 2009-2010 Regular Session from the June
2012 statewide primary election ballot to the November 2014
statewide general election ballot. Repeals a requirement that
specified language be used for the ballot label and ballot
title and summary of ACA 4 at the election when it appears on
the ballot.
2)Defines "general election," for the purposes of provisions of
the state constitution that specify when a qualified state
initiative or referendum measure will appear on the ballot, to
mean only the election held throughout the state on the first
Tuesday after the first Monday in November of each
even-numbered year. Provides that this definition applies
with respect to an initiative or referendum measure that is
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certified for the ballot on or after July 1, 2011.
FISCAL EFFECT : Unknown
COMMENTS : ACA 4 (Gatto and Niello), Res. Chapter 174, Statutes
of 2010, proposes various changes to the state budget process
and to the state's Budget Stabilization Fund. As with all
constitutional amendments, ACA 4 requires the approval of the
voters to take effect. Among other provisions, AB 1619 (Budget
Committee), Chapter 732, Statutes of 2010, requires ACA 4 to be
submitted to the voters at the 2012 statewide presidential
primary election. This bill repeals the provisions of AB 1619,
and instead provides for ACA 4 to be submitted to the voters at
the November 4, 2014, statewide general election.
In addition to specifying the election at which ACA 4 would
appear on the ballot, AB 1619 also specifies the text to be used
as the ballot label and as the ballot title and summary for ACA
4 when it appears on the ballot. This bill repeals the
provisions of AB 1619 that specify the language to be used for
the ballot label and ballot title and summary for ACA 4. As a
result, the ballot label and ballot title and summary for ACA 4
would be prepared by the Attorney General pursuant to provisions
of existing law that govern the preparation of ballot labels and
ballot titles and summaries for state measures generally.
Since the initiative and referendum processes were created in
1911, the state Constitution has always provided that qualified
measures will appear on the ballot at the next general election
held after a specified time period, or at any special election
called by the Governor held prior to that general election. In
fact, for the first 60 years that the initiative and referendum
processes were in effect in California, initiative and
referendum measures did not appear on the ballot regularly at
primary elections. Prior to the 1972 statewide primary
election, initiatives and referenda had appeared on the ballot
at a primary election only twice (two referenda in 1932 and one
initiative in 1970), and in both those cases, the measures
appeared on the ballot because a statewide special election was
called for the same date as, and was consolidated with, the
statewide primary election.
However, in 1972, the Secretary of State (SOS) placed an
initiative on the ballot at a primary election that was not
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consolidated with a statewide special election for the first
time. The reason for the change in policy is unclear - although
a bill enacted by the Legislature in 1971 allowed measures
submitted to the voters by the Legislature to appear on primary
election ballots (AB 1429 (Waxman), Chapter 1775, Statutes of
1971), there was no similar change made to provisions of state
law governing the initiative or referendum process. Since
placing an initiative on the primary election ballot in 1972,
the office of the SOS has continued the practice of including
initiatives on the ballot at primary elections.
By providing a new definition of the term "general election" for
the purposes of provisions of the state constitution that
specify when a qualified state initiative or referendum measure
will appear on the ballot, this bill would result in initiative
measures appearing on the ballot only at general elections.
Two initiative measures that have already qualified are
scheduled to appear on the ballot at the June 2012 statewide
primary election. Those measures, relating to term limits and
cigarette taxes, would be unaffected by this bill, because those
measures were certified for the ballot in 2010, and this bill
provides that the change in the definition of "general election"
applies to an initiative or referendum measure that is certified
for the ballot on or after July 1, 2011.
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0002884