AB 193 Assembly Bill

BILL NUMBER: AB 193	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 16, 2013
	AMENDED IN ASSEMBLY  FEBRUARY 14, 2013

INTRODUCED BY   Assembly Member Logue

                        JANUARY 28, 2013

   An act to  amend   add  Section 
9287 of   9288 to  the Elections Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 193, as amended, Logue. Municipal ballot measures: arguments.
   Existing law  permits a city ballot measure to be placed
on the ballot and submitted to the voters of the city by petition or
by the legislative body of the city. Existing law  specifies
procedures applicable to the preparation, submittal, and printing of
arguments for and against a city ballot measure that qualifies for a
place on the ballot.  If more than one argument for or more
than one argument against a city measure is submitted, existing law
requires the city elections official to select one of the arguments
for and one of the arguments against the measure for printing and
distribution to the voters. In selecting the arguments, existing law
requires the city elections official to give preference and priority,
in the order named, to the arguments from specified persons, first
of which are the arguments from the legislative body of the city, or
a member or members of the legislative body authorized by that body.
  Existing law requires the city elections official to
fix a date 14 days from the calling of the election as a deadline for
submission of arguments for and against a city ballot measure. 

   This bill would  instead  require the city
elections  official, for a measure placed on the ballot by
the legislative body, to give preference and priority to the argument
of a member or members of the legislative body authorized by that
body only if the argument is consistent with the position taken by
the legislative body on the measure.   official to
extend the deadline for submission of arguments relating to a city
ballot measure by one calendar day if an argument in favor of or
against a city measure is not submitted by the deadline fixed by the
official. In doing so, this bill would require the city elections
official to immediately issue a press release requesting that
arguments for or against the measure, or both, as applicable, be
submitted by the extended deadline.  
   By imposing additional duties on local elections officials, this
bill would impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


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

   SECTION 1.    Section 9288 is added to the  
Elections Code   , to read:  
   9288.  (a) Notwithstanding Section 9286, if an argument in favor
of or against a city measure is not submitted for inclusion with the
sample ballot materials by the date fixed by the city elections
official, the city elections official shall do both of the following:

   (1) Extend the deadline to submit arguments for or against the
measure by one calendar day.
   (2) Immediately issue a press release that contains all of the
following:
   (A) The impartial analysis of the measure prepared by the city
attorney pursuant to Section 9280.
   (B) A statement that an argument for or against the measure, or
both, has not be submitted for inclusion with the sample ballot
materials.
   (C) A request that arguments for or against the measure, or both,
as applicable, be submitted by the extended deadline.
   (b) If the city elections official extends the deadline pursuant
to subdivision (a), any person or organization otherwise qualified to
submit an argument relating to the city measure may submit an
argument for or against the measure, as applicable, by the extended
deadline. The argument shall be prepared and submitted in accordance
with Sections 9282 and 9283. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  
  SECTION 1.    Section 9287 of the Elections Code
is amended to read:
   9287.  (a) If more than one argument for or more than one argument
against a city ballot measure is submitted to the city elections
official within the time prescribed, he or she shall select one of
the arguments in favor and one of the arguments against the measure
for printing and distribution to the voters.
   (b) In selecting the argument in favor of or against a measure
placed on the ballot by petition, the city elections official shall
give preference and priority, in the order named, to the arguments of
the following:
   (1) 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.
   (2) Bona fide associations of citizens.
   (3) Individual voters who are eligible to vote on the measure.
   (c) In selecting the argument in favor of or against a measure
placed on the ballot by the legislative body, the city elections
official shall give preference and priority, in the order named, to
the arguments of the following:
   (1) The legislative body, or a member or members of the
legislative body authorized by that body if the member's argument is
consistent with the position taken by that body on the measure.
   (2) Bona fide associations of citizens.
   (3) Individual voters who are eligible to vote on the measure.