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,and9051 , 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) Wheneveranya 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 inanya countywhichthat 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. Wheneveranya 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, wheneverany petitiona 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) Wheneverany petitiona 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 Section87300 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.