Amended in Assembly May 14, 2013

Amended in Assembly April 23, 2013

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 amend Sectionsbegin delete 303,end delete 303.5, 9051, 9160begin insert,end insert 9280, 9313,begin delete andend delete 9314begin insert, and 9500end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

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

This bill would require the ballot title and summarybegin delete and ballot labelend delete 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.

begin insert

Under existing law, a ballot measure may be placed on the ballot at a school district election by the governing board of the school district. Whenever a school district ballot measure is placed on the ballot, existing law requires the county counsel or district 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 school district ballot measure to include a statement indicating that the measure was placed on the ballot by the governing board of the school district.

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:

begin deleteP2    1

SECTION 1.  

Section 303 of the Elections Code is amended to
2read:

3

303.  

“Ballot label” means that portion of the ballot containing
4the names of the candidates or a statement of a measure. For each
5statewide measure, the ballot label shall contain no more than 75
6words and shall be a condensed version of the ballot title and
7summary, including a statement indicating whether the measure
8was placed on the ballot by petition or by the Legislature and the
9fiscal impact summary prepared pursuant to Section 9087 of this
10code and Section 88003 of the Government Code.

end delete
P3    1

begin deleteSEC. 2.end delete
2begin insertSECTION 1.end insert  

Section 303.5 of the Elections Code is amended
3to read:

4

303.5.  

(a) “Ballot title” means the name of a statewide measure
5included in the ballot label and the ballot title and summary.

6(b) “Ballot title and summary” means the summary of the chief
7purpose and points of, including the fiscal impact summary of, a
8measure that appears in the state ballot pamphlet. The ballot title
9and summary shall include a statement indicating whether the
10measure was placed on the ballot by petition or by the Legislature
11and a summary of the measure’s fiscal impact. The ballot title and
12summary shall not exceed 100 words, not including the fiscal
13impact summary.

14(c) (1) “Circulating title and summary” means the text that is
15required to be placed on a petition for signatures that is either one
16of the following:

17(A) The summary of the chief purpose and points of a proposed
18initiative measure that affects the Constitution or laws of the state,
19and the fiscal impact of the proposed initiative measure.

20(B) The summary of the chief purpose and points of a
21referendum measure that affects a law or laws of the state.

22(2) The circulating title and summary shall not exceed 100
23words, not including the fiscal impact summary.

24

begin deleteSEC. 3.end delete
25begin insertSEC. 2.end insert  

Section 9051 of the Elections Code is amended to read:

26

9051.  

(a) (1) The ballot title and summary may differ from
27the legislative, circulating, or other title and summary of the
28measure and shall not exceed 100 words, not including the fiscal
29impact summary. The ballot title and summary shall include a
30statement indicating whether the measure was placed on the ballot
31by a petition signed by the requisite number of voters or by the
32Legislature.

33(2) The ballot title and summary shall be amended to include a
34summary of the Legislative Analyst’s estimate of the net state and
35local government fiscal impact prepared pursuant to Section 9087
36 of this code and Section 88003 of the Government Code.

37(b) The ballot label shall contain no more than 75 words and
38shall be a condensed version of the ballot title and summary,
39includingbegin delete a statement indicating whether the measure was placed
40on the ballot by petition or by the Legislature andend delete
the financial
P4    1impact summary prepared pursuant to Section 9087 of this code
2and Section 88003 of the Government Code.

3(c) In providing the ballot title and summary, the Attorney
4General shall give a true and impartial statement of the purpose
5of the measure in such language that the ballot title and summary
6shall neither be an argument, nor be likely to create prejudice, for
7or against the proposed measure.

8

begin deleteSEC. 4.end delete
9begin insertSEC. 3.end insert  

Section 9160 of the Elections Code is amended to read:

10

9160.  

(a) Whenever a county measure qualifies for a place on
11the ballot, the county elections official shall transmit a copy of the
12measure to the county auditor and to the county counsel or to the
13district attorney in a county that has no county counsel.

14(b) The county counsel or district attorney shall prepare an
15impartial analysis of the measure showing the effect of the measure
16on the existing law and the operation of the measure. The analysis
17shall include a statement indicating whether the measure was
18placed on the ballot by a petition signed by the requisite number
19of voters or by the board of supervisors. The analysis shall be
20printed preceding the arguments for and against the measure. The
21analysis may not exceed 500 words in length.

22In the event the entire text of the measure is not printed on the
23ballot, nor in the voter information portion of the sample ballot,
24there shall be printed immediately below the impartial analysis,
25in no less than 10-point boldface type, a legend substantially as
26 follows:

27“The above statement is an impartial analysis of Ordinance or
28Measure ____. If you desire a copy of the ordinance or measure,
29please call the elections official’s office at (insert telephone
30number) and a copy will be mailed at no cost to you.”

31The elections official may, at his or her discretion, add the
32following message: “You may also access the full text of the
33measure on the county Web site at the following Web site address
34(insert Web site address).”

35(c) Not later than 88 days prior to an election that includes a
36county ballot measure, the board of supervisors may direct the
37county auditor to review the measure and determine whether the
38substance thereof, if adopted, would affect the revenues or
39expenditures of the county. He or she shall prepare a fiscal impact
40statement which estimates the amount of any increase or decrease
P5    1in revenues or costs to the county if the proposed measure is
2adopted. The fiscal impact statement is “official matter” within
3the meaning of Section 13303, and shall be printed preceding the
4arguments for and against the measure. The fiscal impact statement
5may not exceed 500 words in length.

6

begin deleteSEC. 5.end delete
7begin insertSEC. 4.end insert  

Section 9280 of the Elections Code is amended to read:

8

9280.  

Whenever a city measure qualifies for a place on the
9ballot, the governing body may direct the city elections official to
10transmit a copy of the measure to the city attorney, unless the
11organization or salaries of the office of the city attorney are
12affected. The city attorney shall prepare an impartial analysis of
13the measure showing the effect of the measure on the existing law
14and the operation of the measure. The analysis shall include a
15statement indicating whether the measure was placed on the ballot
16by a petition signed by the requisite number of voters or by the
17governing body of the city. If the measure affects the organization
18or salaries of the office of the city attorney, the governing board
19may direct the city elections official to prepare the impartial
20analysis. The analysis shall be printed preceding the arguments
21for and against the measure. The analysis shall not exceed 500
22words in length.

23In the event the entire text of the measure is not printed on the
24ballot, nor in the voter information portion of the sample ballot,
25there shall be printed immediately below the impartial analysis,
26in no less than 10-point bold type, a legend substantially as follows:

27“The above statement is an impartial analysis of Ordinance or
28Measure ____. If you desire a copy of the ordinance or measure,
29please call the elections official’s office at (insert telephone
30number) and a copy will be mailed at no cost to you.”

31

begin deleteSEC. 6.end delete
32begin insertSEC. 5.end insert  

Section 9313 of the Elections Code is amended to read:

33

9313.  

Except as provided in Section 9314, whenever a district
34measure is submitted to the voters, the district elections official
35shall transmit a copy of the measure to the county counsel, or to
36the district attorney if there is no county counsel, of the county
37that contains the largest number of registered voters of the district.
38The county counsel or district attorney shall prepare an impartial
39analysis of the measure showing the effect of the measure on the
40existing law and the operation of the measure. The analysis shall
P6    1include a statement indicating whether the measure was placed on
2the ballot by a petition signed by the requisite number of voters
3or by the governing body of the district. The analysis shall be
4printed preceding the arguments for and against the measure. The
5analysis shall not exceed 500 words in length.

6In the event the entire text of the measure is not printed on the
7ballot nor in the voter information portion of the sample ballot,
8there shall be printed immediately below the impartial analysis,
9in no less than 10-point bold type, a legend substantially as follows:

10“The above statement is an impartial analysis of Ordinance or
11Measure ____. If you desire a copy of the ordinance or measure,
12please call the district elections official’s office at (insert telephone
13number) and a copy will be mailed at no cost to you.”

14

begin deleteSEC. 7.end delete
15begin insertSEC. 6.end insert  

Section 9314 of the Elections Code is amended to read:

16

9314.  

(a) Whenever a district measure is submitted to the
17voters of a water district, the district elections official shall transmit
18a copy of the measure to the legal counsel for the water district,
19or to the county counsel if there is no legal counsel for the water
20district, of the county that contains the largest number of registered
21voters of the water district. Except as otherwise provided in
22subdivision (b), if there is a legal counsel for the water district, he
23or she shall prepare, subject to review and revision by the county
24counsel, an impartial analysis of the measure showing the effect
25of the measure on the existing law and the operation of the
26measure. The analysis shall include a statement indicating whether
27the measure was placed on the ballot by a petition signed by the
28requisite number of voters or by the governing body of the water
29district. The analysis shall be printed preceding the arguments for
30and against the measure. The analysis shall not exceed 500 words
31in length.

32In the event the entire text of the measure is not printed on the
33ballot nor in the voter information portion of the sample ballot,
34there shall be printed immediately below the impartial analysis,
35in no less than 10-point bold type, a legend substantially as follows:

36“The above statement is an impartial analysis of Ordinance or
37Measure ____. If you desire a copy of the ordinance or measure,
38please call the district elections official’s office at (insert telephone
39number) and a copy will be mailed at no cost to you.”

P7    1(b) If there is no legal counsel for the water district, or if the
2legal counsel for the water district and the county counsel so agree,
3the county counsel shall prepare the impartial analysis.

4(c) As used in this section:

5(1) “Legal counsel for the water district” means the attorney
6designated under the district’s conflict of interest code as its legal
7officer pursuant to Article 3 (commencing with Section 87300) of
8Chapter 7 of Title 9 of the Government Code.

9(2) “County counsel” means the district attorney if there is no
10county counsel.

11(3) “Water district” means a water district as defined in Section
1220200 of the Water Code.

13begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 9500 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

14

9500.  

begin insert(a)end insertbegin insertend insert Whenever a school measure qualifies for a place
15on the ballot, the county elections official shall transmit a copy of
16the measure to the county counsel or to the district attorney inbegin delete anyend delete
17begin insert aend insert county that has no county counsel.

18begin insert(b)end insertbegin insertend insert The county counsel or district attorney shall prepare an
19impartial analysis of the measure, showing the effect of the measure
20on the existing law and the operation of the measure.begin insert The analysis
21shall include a statement indicating that the measure was placed
22on the ballot by the governing board of the district.end insert
The analysis
23shall be printed preceding the arguments for and against the
24measure. The analysis shall not exceed 500 words in length.



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