Amended in Assembly April 23, 2013

Amended in Assembly March 20, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 354

Introduced by Assembly Member Dahle

February 13, 2013

An act to amend Sections 303, 303.5, begin delete and end delete 9051 begin insert , 9160 9280, 9313, and 9314 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 354, as amended, Dahle. Ballot measures: ballot title and summary: ballot label begin insert : impartial analysis end 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.

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.

begin insert

Under existing law, a county, city, or district ballot measure may be placed on the ballot at the county, city, or district election by a petition signed by the requisite number of voters or by the county board of supervisors, the governing body of the city, or the governing body of the district, respectively. Whenever a county, city, or district measure qualifies for a place on the ballot, existing law requires the county counsel or city attorney, as applicable, to prepare an impartial analysis of the measure showing the effect of the measure on existing law and the operation of the measure.

end insert begin insert

This bill would require the impartial analysis for a county, city, or district 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 county board of supervisors, city governing body, or district governing body, respectively.

end insert

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

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

SECTION 1.  

Section 303 of the Elections Code is amended to
read:

303.  

“Ballot label” means that portion of the ballot containing
the names of the candidates or a statement of a measure. For each
statewide measure, the ballot label shall contain no more than 75
words and shall be a condensed version of the ballot title and
summary, including a statement indicating whether the measure
was placed on the ballot by petition or by the Legislature and the
fiscal impact summary prepared pursuant to Section 9087 of this
code and Section 88003 of the Government Code.

SEC. 2.  

Section 303.5 of the Elections Code is amended to
read:

303.5.  

(a) “Ballot title” means the name of a statewide measure
included in the ballot label and the ballot title and summary.

(b) “Ballot title and summary” means the summary of the chief
purpose and points of, including the fiscal impact summary of, a
measure that appears in the state ballot pamphlet. The ballot title
and summary shall include a statement indicating whether the
measure was placed on the ballot by petition or by the Legislature
and a summary of the measure’s fiscal impact. The ballot title and
summary shall not exceed 100 words, not including the fiscal
impact summary.

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

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

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

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

SEC. 3.  

Section 9051 of the Elections Code is amended to read:

9051.  

(a) (1) The ballot title and summary may differ from
the legislative, circulating, or other title and summary of the
measure and shall not exceed 100 words, not including the fiscal
impact summary. The ballot title and summary shall 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.

(2) The ballot title and summary shall be amended to include a
summary of the Legislative Analyst’s estimate of the net state and
local government fiscal impact prepared pursuant to Section 9087
of this code and Section 88003 of the Government Code.

(b) The ballot label shall contain no more than 75 words and
shall be a condensed version of the ballot title and summary,
including a statement indicating whether the measure was placed
on the ballot by petition or by the Legislature and the financial
impact summary prepared pursuant to Section 9087 of this code
and Section 88003 of the Government Code.

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

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 9160 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9160.  

(a) Whenever begin delete any end delete begin insert a end insert county measure qualifies for a place
on the ballot, the county elections official shall transmit a copy of
the measure to the county auditor and to the county counsel or to
the district attorney in begin delete any end delete begin insert a end insert county begin delete which end delete begin insert that end insert has no county
counsel.

(b) The county counsel or district attorney shall prepare an
impartial analysis of the measure showing the effect of the measure
on the existing law and the operation of the measure. begin insert The analysis
shall 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 board of supervisors. end insert The analysis shall be
printed preceding the arguments for and against the measure. The
analysis may not exceed 500 words in length.

In the event the entire text of the measure is not printed on the
ballot, nor in the voter information portion of the sample ballot,
there shall be printed immediately below the impartial analysis,
in no less than 10-point boldface type, a legend substantially as
follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

The elections official may, at his or her discretion, add the
following message: “You may also access the full text of the
measure on the county Web site at the following Web site address
(insert Web site address).”

(c) Not later than 88 days prior to an election that includes a
county ballot measure, the board of supervisors may direct the
county auditor to review the measure and determine whether the
substance thereof, if adopted, would affect the revenues or
expenditures of the county. He or she shall prepare a fiscal impact
statement which estimates the amount of any increase or decrease
in revenues or costs to the county if the proposed measure is
adopted. The fiscal impact statement is “official matter” within
the meaning of Section 13303, and shall be printed preceding the
arguments for and against the measure. The fiscal impact statement
may not exceed 500 words in length.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 9280 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9280.  

Whenever begin delete any end delete begin insert a end insert city measure qualifies for a place on
the ballot, the governing body may direct the city elections official
to transmit a copy of the measure to the city attorney, unless the
organization or salaries of the office of the city attorney are
affected. The city attorney shall prepare an impartial analysis of
the measure showing the effect of the measure on the existing law
and the operation of the measure. begin insert The analysis shall 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
governing body of the city. end insert If the measure affects the organization
or salaries of the office of the city attorney, the governing board
may direct the city elections official to prepare the impartial
analysis. The analysis shall be printed preceding the arguments
for and against the measure. The analysis shall not exceed 500
words in length.

In the event the entire text of the measure is not printed on the
ballot, nor in the voter information portion of the sample ballot,
there shall be printed immediately below the impartial analysis,
in no less than 10-point bold type, a legend substantially as follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 9313 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9313.  

Except as provided in Section 9314, whenever begin delete any
petition end delete begin insert a district measure end insert is submitted to the voters, the district
elections official shall transmit a copy of the measure to the county
counsel, or to the district attorney if there is no county counsel, of
the county that contains the largest number of registered voters of
the district. The county counsel or district attorney shall prepare
an impartial analysis of the measure showing the effect of the
measure on the existing law and the operation of the measure. begin insert The
analysis shall 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 governing body of the district. end insert The
analysis shall be printed preceding the arguments for and against
the measure. The analysis shall not exceed 500 words in length.

In the event the entire text of the measure is not printed on the
ballot nor in the voter information portion of the sample ballot,
there shall be printed immediately below the impartial analysis,
in no less than 10-point bold type, a legend substantially as follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the district elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 9314 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9314.  

(a) Whenever begin delete any petition end delete begin insert a district measure end insert is
submitted to the voters of a water district, the district elections
official shall transmit a copy of the measure to the legal counsel
for the water district, or to the county counsel if there is no legal
counsel for the water district, of the county that contains the largest
number of registered voters of the water district. Except as
otherwise provided in subdivision (b), if there is a legal counsel
for the water district, he or she shall prepare, subject to review and
revision by the county counsel, an impartial analysis of the measure
showing the effect of the measure on the existing law and the
operation of the measure. begin insert The analysis shall 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
governing body of the water district. end insert The analysis shall be printed
preceding the arguments for and against the measure. The analysis
shall not exceed 500 words in length.

In the event the entire text of the measure is not printed on the
ballot nor in the voter information portion of the sample ballot,
there shall be printed immediately below the impartial analysis,
in no less than 10-point bold type, a legend substantially as follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the district elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

(b) If there is no legal counsel for the water district, or if the
legal counsel for the water district and the county counsel so agree,
the county counsel shall prepare the impartial analysis.

(c) As used in this section:

(1) “Legal counsel for the water district” means the attorney
designated under the district’s conflict of interest code as its legal
officer pursuant to begin insert Article 3 (commencing with end insert Section begin delete 87300 et
seq. end delete begin insert 87300) of Chapter 7 of Title 9 end insert of the Government Code.

(2) “County counsel” means the district attorney if there is no
county counsel.

(3) “Water district” means a water district as defined in Section
20200 of the Water Code.