BILL NUMBER: SB 1233	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2012
	AMENDED IN SENATE  MAY 25, 2012
	AMENDED IN SENATE  MAY 8, 2012
	AMENDED IN SENATE  MARCH 27, 2012

INTRODUCED BY   Senator Padilla

                        FEBRUARY 23, 2012

   An act to amend Sections 9001, 9002, 9004, and 9006 of, and to add
Sections 9006.5  and   ,  9023  , and
11042.5  to, the Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1233, as amended, Padilla.  Initiative and referendum
petitions: translation of circulating title and summary. 
 Ballot measure petitions: translations. 
   Existing law requires the Attorney General, upon receipt of the
text of a proposed initiative or referendum measure, to prepare a
circulating title and summary of the chief purpose and points of the
proposed measure. Existing law requires the Attorney General to
provide a copy of the circulating title and summary of a proposed
initiative measure to the proponents of the measure and the Secretary
of State within 15 days, as specified. Existing law requires the
Attorney General to provide a copy of the circulating title and
summary of a proposed referendum measure to the proponents of the
measure and the Secretary of State within 10 days after receipt of
the proposed referendum.
   This bill would require the proponents of an initiative or
referendum measure, at the time of submitting the text of the
proposed measure to the Attorney General, to submit a list of
specified counties in which the initiative or referendum petition
will be circulated. Upon submission of the list, this bill would
require the Attorney General to prepare a translation of the
circulating title and summary of the proposed initiative or
referendum measure in a language other than English under certain
circumstances. If the Attorney General is required to prepare a
translation, this bill would require the Attorney General to provide
a copy of the circulating title and summary and its translation to
the proponents and the Secretary of State within 25 days, as
specified, for a proposed initiative measure and within 20 days after
receipt of a proposed referendum measure.
   Existing law permits any person who is a voter or who is qualified
to register to vote in the state to circulate an initiative or
referendum petition for signature and imposes certain requirements on
these circulators.
    This   If an initiative or referendum
petition is circulated in a specified county, this  bill would
require  the circulator of an initiative or referendum
petition to make available  a copy of the   
applicable  translated circulating title and summary 
prepared by the Attorney General to be attached to the  
petition   and available  to each person whom the
circulator solicits in that language to sign the petition 
and   . This bill would also require a circulator
to provide a copy of the  applicable  translated circulating
title and summary to any person upon request. 
   Existing provisions of the California Constitution and statute
authorize the recall of state officers. Existing law requires the
proponents of the recall to file 2 blank copies of the petition to
recall the officer with the Secretary of State, who is required to
ascertain if the proposed form and wording of the petition meet
specified requirements.  
   This bill would require the proponents of a recall of a state
officer, at the time of filing the 2 blank copies of the petition
with the Secretary of State, to submit a list of specified counties
in which the recall petition will be circulated. If the proponents
submit this list of counties, this bill would require the Secretary
of State, after ascertaining that the proposed form and wording of
the recall petition meet specified requirements, to provide a copy of
the petition and the list of counties submitted by the proponents to
the Attorney General. Within 10 days after receipt of these items,
this bill would require the Attorney General to prepare a translation
of the petition in each applicable minority language of the counties
identified by the proponents, and provide a copy of each translation
to the proponents.  
   Existing law requires a recall petition to use a specified format
and contain certain information. Under existing law, any person who
is a registered voter of the electoral jurisdiction of the officer
sought to be recalled may circulate the recall petition for
signatures.  
   If a recall petition is circulated in a specified county, this
bill would require a copy of the applicable translation of the
petition prepared by the Attorney General to be attached to the
petition and available to each person whom the circulator solicits in
that language to sign the petition. This bill would also require the
circulator to provide a copy of the translation of the petition to
any person upon request.
   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 9001 of the Elections Code is amended to read:
   9001.  (a) (1) Prior to the circulation of an initiative or
referendum petition for signatures, the text of the proposed measure
shall be submitted to the Attorney General with a written request
that a circulating title and summary of the chief purpose and points
of the proposed measure be prepared. The electors presenting the
request shall be known as the "proponents." The Attorney General
shall preserve the written request until after the next general
election.
   (2) The proponents of an initiative or referendum measure, at the
time of submitting the text of the proposed measure to the Attorney
General, shall submit to the Attorney General a list of the counties
in which the petition will be circulated that are covered by Section
203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec.
1973b(f)(4)) of the federal Voting Rights Act of 1965.
   (b) Each proponent of a proposed initiative measure shall, at the
time of submitting the text of the proposed measure, provide both of
the following:
   (1) An original signed certification stating that "I, (insert
name), declare under penalty of perjury that I am a citizen of the
United States, 18 years of age or older, and a resident of (insert
county), California."
   (2) Public contact information.
   (c) The proponents of an initiative measure, at the time of
submitting the text of the proposed measure to the Attorney General,
shall pay a fee of two hundred dollars ($200), which shall be placed
in a trust fund in the office of the Treasurer and refunded to the
proponents if the measure qualifies for the ballot within two years
from the date the summary is furnished to the proponents. If the
measure does not qualify within that period, the fee shall be
immediately paid into the General Fund of the state.
   (d) All referenda and proposed initiative measures shall be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via United States Postal
Service, alternative mail service, or personal delivery. Only printed
documents will be accepted; facsimile or email delivery will not be
accepted.
   (e) The Attorney General shall not deem a request for a
circulating title and summary submitted until all of the requirements
of this section are met.
  SEC. 2.  Section 9002 of the Elections Code is amended to read:
   9002.  (a) Except as provided in subdivision (c) of Section 9004,
the Attorney General shall provide a copy of the title and summary to
the Secretary of State within 15 days after receipt of the final
version of a proposed initiative measure, or, if a fiscal estimate or
opinion is to be included, within 15 days after receipt of the
fiscal estimate or opinion prepared by the Department of Finance and
the Joint Legislative Budget Committee pursuant to Section 9005. If
during the 15-day period the proponents of the proposed initiative
measure submit amendments, other than technical, nonsubstantive
amendments, to the final version of the measure, the Attorney General
shall provide a copy of the title and summary to the Secretary of
State within 15 days after receipt of the amendments.
   (b) The amendment shall be submitted with a signed request by all
the proponents to prepare a circulating title and summary using the
amended language.
   (c) The amendment shall be submitted to the Attorney General's
Initiative Coordinator located in the Sacramento Attorney General's
Office via United States Postal Service, alternative mail service, or
personal delivery. Only printed documents will be accepted;
facsimile or email delivery will not be accepted.
  SEC. 3.  Section 9004 of the Elections Code is amended to read:
   9004.  (a) Upon receipt of the text of a proposed initiative
measure, the Attorney General shall prepare a circulating title and
summary of the chief purposes and points of the proposed measure. The
circulating title and summary shall not exceed a total of 100 words.
The Attorney General shall also provide a unique numeric identifier
for each proposed initiative measure. The circulating title and
summary shall be prepared in the manner provided for the preparation
of ballot titles and summaries in Article 5 (commencing with Section
9050), the provisions of which, in regard to the preparation, filing,
and settlement of ballot titles and summaries, are hereby made
applicable to the circulating title and summary.
   (b) Except as provided in subdivision (c), the Attorney General
shall provide a copy of the circulating title and summary and its
unique numeric identifier to the proponents and to the Secretary of
State within 15 days after receipt of the fiscal estimate or opinion
prepared by the Department of Finance and the Joint Legislative
Budget Committee pursuant to Section 9005. The date the copy is
delivered or mailed to the proponents is the "official summary date."

   (c) In the event that the Attorney General is required to prepare
a translation of the circulating title and summary pursuant to
Section 9006.5, the Attorney General shall provide a copy of the
circulating title and summary, its translation, and its unique
numeric identifier to the proponents and the Secretary of State
within 25 days after receipt of the fiscal estimate or opinion
prepared by the Department of Finance and the Joint Legislative
Budget Committee pursuant to Section 9005. The Attorney General shall
also provide the Secretary of State with a list of the counties
identified by the proponents pursuant to paragraph (2) of subdivision
(a) of Section 9001.
   (d) Upon receipt of the circulating title and summary from the
Attorney General, the Secretary of State shall, within one business
day, notify the proponents and county elections official of each
county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. In
the event that the Secretary of State receives from the Attorney
General a translation of the circulating title and summary pursuant
to subdivision (c), the Secretary of State shall provide the relevant
translation to the county elections official in each county
identified by the proponents pursuant to paragraph (2) of subdivision
(a) of Section 9001.  This notification shall also include a
complete schedule showing the maximum filing deadline, and the
certification deadline by the counties to the Secretary of State.
  SEC. 4.  Section 9006 of the Elections Code is amended to read:
   9006.  (a) Upon receipt of the text of a proposed referendum, the
Attorney General shall prepare a circulating title and summary of the
chief purpose and points of the proposed statute at issue. The
circulating title and summary shall not exceed a total of 100 words.
No fiscal analysis shall be included.
   (b) Except as provided in subdivision (c), the Attorney General
shall provide a copy of the circulating title and summary of the
proposed referendum to the proponents and to the Secretary of State
within 10 days after receipt of the proposed referendum.
   (c) In the event that the Attorney General is required to prepare
a translation of the circulating title and summary pursuant to
Section 9006.5, the Attorney General shall provide a copy of the
circulating title and summary, its translation, and its unique
numeric identifier to the proponents and the Secretary of State
within 20 days after receipt of the proposed referendum.
   (d) Upon receipt of the circulating title and summary from the
Attorney General, the Secretary of State shall, within one business
day, notify the proponents and county elections official of each
county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. In
the event that the Secretary of State receives from the Attorney
General a translation of the circulating title and summary pursuant
to subdivision (c), the Secretary of State shall provide the relevant
translation to the county elections official in each county
identified by the proponents pursuant to paragraph (2) of subdivision
(a) of Section 9001.  This notification shall also include a
complete schedule showing the maximum filing deadline, and the
certification deadline by the counties to the Secretary of State.
  SEC. 5.  Section 9006.5 is added to the Elections Code, to read:
   9006.5.  In the event that the proponents of an initiative or
referendum measure submit to the Attorney General a list of counties
pursuant to paragraph (2) of subdivision (a) of Section 9001, the
Attorney General shall prepare a translation of the circulating title
and summary of the proposed measure in each applicable minority
language for the counties identified by the proponents that are
covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4)
(42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of
1965.
  SEC. 6.  Section 9023 is added to the Elections Code, to read:
   9023.  In the event that the circulator of an initiative or
referendum petition circulates the petition in a county covered by
Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C.
Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965, 
the circulator shall make available  a copy of the
applicable translated circulating title and summary prepared by the
Attorney General  shall be attached to the   petition
and available  to each person whom the circulator solicits in
that language to sign the petition  and   .
  The circulator  shall  also  provide a copy
of the  applicable  translated circulating title and summary
to any person upon request.
   SEC. 7.    Section 11042.5 is added to the  
Elections Code   , to read:  
   11042.5.  (a) This section applies only to the recall of state
officers.
   (b) At the time of the filing of two blank copies of the petition
pursuant to Section 11042, the proponents shall also submit to the
Secretary of State a list of the counties in which the petition will
be circulated that are covered by Section 203 (42 U.S.C. Sec.
1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the
federal Voting Rights Act of 1965.
   (c) If the proponents submit a list of counties pursuant to
subdivision (b), the Secretary of State, after ascertaining that the
proposed form and wording of the petition meet the requirements of
this chapter, shall provide to the Attorney General a copy of the
petition and the list of counties submitted by the proponents.
   (d) Within 10 days after receipt of the petition and the list of
counties submitted by the proponents, the Attorney General shall
prepare a translation of the petition in each applicable minority
language for the counties identified by the proponents that are
covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4)
(42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of
1965, and provide a copy of each translation to the proponents.
   (e) If a recall petition is circulated in a county covered by
Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C.
Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965, a copy of
the applicable translation of the petition prepared by the Attorney
General shall be attached to the petition and available to each
person whom the circulator solicits in that language to sign the
petition. The circulator shall also provide a copy of the applicable
translation of the petition to any person upon request.