Amended in Assembly April 30, 2013

Amended in Assembly April 16, 2013

Amended in Assembly February 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 193

Introduced by Assembly Member Logue

January 28, 2013

An act to add begin delete Section end delete begin insert Sections 9166.5 and end insert 9288 to the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 193, as amended, Logue. begin delete Municipal end delete begin insert Local end insert ballot measures: arguments.

Existing law specifies procedures applicable to the preparation, submittal, and printing of arguments for and against a begin insert county or end insert city ballot measure that qualifies for a place on the ballot. Existing law requires the begin insert county or end insert city elections official to fix a date begin delete 14 days from the calling of the election end delete begin insert , as specified, end insert as a deadline for submission of arguments for and against begin delete a city end delete begin insert a end insert ballot measure.

This bill would require the begin insert county or end insert city elections official to extend the deadline for submission of arguments relating to a begin delete city end delete ballot measure by one calendar day if an argument in favor of or against a begin delete city end delete measure is not submitted by the deadline fixed by the official. In doing so, this bill would require the begin insert county or end insert 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: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 9166.5 is added to the end insert begin insert Elections Code end insert begin insert ,
to read: end insert

begin insert

begin insert 9166.5. end insert   

(a) Notwithstanding Section 9163, if an argument in
favor of or against a county measure is not submitted for inclusion
with the sample ballot materials by the date fixed by the county
elections official, the county 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 county
counsel or the district attorney pursuant to Section 9160.

(B) A statement that an argument for or against the measure,
or both, has not been 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 county elections official extends the deadline pursuant
to subdivision (a), any person or organization otherwise qualified
to submit an argument relating to the county 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 9162 and 9164.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 begin delete be end delete begin insert been end insert 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.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.