BILL NUMBER: AB 354	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 23, 2013
	AMENDED IN ASSEMBLY  MARCH 20, 2013

INTRODUCED BY   Assembly Member Dahle

                        FEBRUARY 13, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


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

   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.  
   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. 

   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.
   SEC. 4.    Section 9160 of the   Elections
Code   is amended to read: 
   9160.  (a) Whenever  any   a  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 any
  a  county  which   that
 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.  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.  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.
   SEC. 5.    Section 9280 of the   Elections
Code   is amended to read: 
   9280.  Whenever  any   a  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.  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.
 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."
   SEC. 6.    Section 9313 of the   Elections
Code   is amended to read: 
   9313.  Except as provided in Section 9314, whenever  any
petition   a district measure  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.  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.  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."
   SEC. 7.    Section 9314 of the   Elections
Code   is amended to read: 
   9314.  (a) Whenever  any petition   a
district measure  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. 
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.  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  Article 3 (commencing with 
Section  87300 et seq.   87300) of Chapter 7 of
  Title 9  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.