Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 354


Introduced by Assembly Member Dahle

February 13, 2013


An act to amendbegin delete Section 9021end deletebegin insert Sections 303, 303.5, and 9051end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 354, as amended, Dahle. begin deleteInitiative and referendum petitions: circulation requirementsend deletebegin insertBallot measures: ballot title and summary: ballot labelend insert.

begin insert

Under existing law, a statewide ballot measure may be placed on the ballot at a statewide election by a petition signed by the requisite number of voters or by the Legislature. Existing law requires the Attorney General to provide a ballot title and summary and ballot label for each ballot measure submitted to the voters at a statewide election. Existing law defines a ballot title and summary as a summary of the chief purpose and points of, including a summary of the fiscal impact of, a statewide ballot measure. Existing law requires a ballot label for a statewide ballot measure to be a condensed version of the ballot title and summary, including the fiscal impact summary.

end insert
begin insert

This bill would require the ballot title and summary and ballot label for a statewide ballot measure to include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the Legislature.

end insert
begin delete

Existing law authorizes a person who is a registered voter or who is qualified to register to vote in this state to circulate an initiative or referendum petition anywhere within the state. Existing law requires that each section of an initiative or referendum petition bear the name of a county or city and county, and allows only qualified registered voters of that county or city and county to sign that section of the petition.

end delete
begin delete

This bill would make technical, nonsubstantive changes to these provisions.

end delete

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 303 of the end insertbegin insertElections Codeend insertbegin insert is amended to
2read:end insert

3

303.  

“Ballot label” means that portion of the ballot containing
4the names of the candidates or a statement of a measure. Forbegin insert eachend insert
5 statewidebegin delete measuresend deletebegin insert measureend insert, the ballot label shall contain no more
6than 75 words and shall be a condensed version of the ballot title
7and summarybegin insert,end insert includingbegin insert a statement indicating whether the
8measure was placed on the ballot by petition or by the Legislature
9andend insert
the fiscal impact summary prepared pursuant to Section 9087
10of this code and Section 88003 of the Government Code.

11begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 303.5 of the end insertbegin insertElections Codeend insertbegin insert is amended to
12read:end insert

13

303.5.  

(a) “Ballot title”begin delete isend deletebegin insert meansend insert the name of a statewide
14measure included in the ballot label and the ballot title and
15summary.

16(b) “Ballot title and summary” means the summary of the chief
17purpose and pointsbegin insert of,end insert including the fiscal impact summarybegin delete of anyend delete
18begin insert of, aend insert measure that appears in the state ballot pamphlet. The ballot
19title and summary shall include a statementbegin insert indicating whether the
20measure was placed on the ballot by petition or by the Legislature
21and a summaryend insert
of the measure’s fiscal impact.begin delete Thisend deletebegin insert The ballot
22title andend insert
summary shall not exceed 100 words, not including the
23fiscal impactbegin delete statementend deletebegin insert summaryend insert.

24(c) (1) “Circulating title and summary” means the text that is
25required to be placed on a petition for signatures that is either one
26of the following:

27(A) The summary of the chief purpose and points of a proposed
28initiative measure that affects the Constitution or laws of the state,
29and the fiscal impact of the proposed initiative measure.

P3    1(B) The summary of the chief purpose and points of a
2referendum measure that affects a law or laws of the state.

3(2) The circulating title and summary shall not exceed 100
4words, not including the fiscal impact summary.

5begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 9051 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

6

9051.  

(a) (1) The ballot title and summary may differ from
7the legislative, circulating, or other title and summary of the
8measure and shall not exceed 100 words, not including the fiscal
9impactbegin insert summaryend insert.begin insert The ballot title and summary shall include a
10statement indicating whether theend insert
begin insert measure was placed on the ballot
11by a petition signed by the requisite number of voters or by the
12Legislature.end insert

13(2) The ballot title and summary shall be amended to include a
14summary of the Legislative Analyst’s estimate of the net state and
15local government fiscal impact prepared pursuant to Section 9087begin delete,end delete
16begin insert of this codeend insert and Section 88003 of the Government Code.

17(b) The ballot label shall contain no more than 75 words and
18shall be a condensed version of the ballot title and summarybegin insert,end insert
19 includingbegin insert a statement indicating whether the measure was placed
20on the ballot by petition or by the Legislature andend insert
the financial
21impact summary prepared pursuant to Section 9087begin insert of this codeend insert
22 and Section 88003 of the Government Code.

23(c) In providing the ballot title and summary, the Attorney
24General shall give a true and impartial statement of the purpose
25of the measure in such language that the ballot title and summary
26shall neither be an argument, nor be likely to create prejudice, for
27or against the proposed measure.

begin delete28

SECTION 1.  

Section 9021 of the Elections Code is amended
29to read:

30

9021.  

A person who is a voter or who is qualified to register
31to vote in this state may circulate an initiative or referendum
32petition anywhere within the state. Each section of the initiative
33or referendum petition shall bear the name of a county or city and
34county, and only qualified registered voters of that county or city
35and county may sign that section.

36The circulator may sign the section he or she is circulating, as
37provided in Section 106.

end delete


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