AB 354, as amended, Dahle. Ballot measures: ballot title and summary: 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 insert Existing law specifies that the ballot title and summary shall not exceed 100 words, not including the fiscal impact summary.end insert
This bill would require the ballot title and summary 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 The bill would specify that this statement shall not be included in the 100-word limit for the ballot title and summary.end 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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 303.5 of the Elections Code is amended
2to read:
(a) “Ballot title” means the name of a statewide measure
4included in the ballot label and the ballot title and summary.
5(b) “Ballot title and summary” means the summary of the chief
6purpose and points of, including the fiscal impact summary of, a
7measure that appears in the state ballot pamphlet. The ballot title
8and summary shall include a statement indicating whether the
9measure was placed on the ballot by petition or by the Legislature
10and a summary of the measure’s fiscal impact. The ballot title and
P3 1summary shall not exceed 100 words, not including the fiscal
2impact summarybegin insert or the statement indicating whether the
measure
3was placed on the ballot by petition or by the Legislatureend insert.
4(c) (1) “Circulating title and summary” means the text that is
5required to be placed on a petition for signatures that is either one
6of the following:
7(A) The summary of the chief purpose and points of a proposed
8initiative measure that affects the Constitution or laws of the state,
9and the fiscal impact of the proposed initiative measure.
10(B) The summary of the chief purpose and points of a
11referendum measure that affects a law or laws of the state.
12(2) The circulating title and summary shall not exceed 100
13words, not including the fiscal impact
summary.
Section 9051 of the Elections Code is amended to read:
(a) (1) The ballot title and summary may differ from
16the legislative, circulating, or other title and summary of the
17measurebegin delete and shall not exceed 100 words, not including the fiscal . The ballot title and summary shall include a
18impact summaryend delete
19statement indicating whether the measure was placed on the ballot
20by a petition signed by the requisite number of voters or by the
21Legislature.begin insert The ballot title and summary shall not exceed 100
22words, not including the fiscal impact summary or the statement
23indicating whether the measure was placed on the ballot by petition
24or by the Legislature.end insert
25(2) The ballot title and summary shall be amended to include a
26summary of the Legislative Analyst’s estimate of the net state and
27local government fiscal impact prepared pursuant to Section 9087
28
of this code and Section 88003 of the Government Code.
29(b) The ballot label shall contain no more than 75 words and
30shall be a condensed version of the ballot title and summary,
31including the financial impact summary prepared pursuant to
32Section 9087 of this code and Section 88003 of the Government
33Code.
34(c) In providing the ballot title and summary, the Attorney
35General shall give a true and impartial statement of the purpose
36of the measure in such language that the ballot title and summary
37shall neither be an argument, nor be likely to create prejudice, for
38or against the proposed measure.
Section 9160 of the Elections Code is amended to read:
(a) Whenever a county measure qualifies for a place on
2the ballot, the county elections official shall transmit a copy of the
3measure to the county auditor and to the county counsel or to the
4district attorney in a county that has no county counsel.
5(b) The county counsel or district attorney shall prepare an
6impartial analysis of the measure showing the effect of the measure
7on the existing law and the operation of the measure. The analysis
8shall include a statement indicating whether the measure was
9placed on the ballot by a petition signed by the requisite number
10of voters or by the board of supervisors. The analysis shall be
11printed preceding the
arguments for and against the measure. The
12analysis may not exceed 500 words in length.
13In the event the entire text of the measure is not printed on the
14ballot, nor in the voter information portion of the sample ballot,
15there shall be printed immediately below the impartial analysis,
16in no less than 10-point boldface type, a legend substantially as
17
follows:
18“The above statement is an impartial analysis of Ordinance or
19Measure ____. If you desire a copy of the ordinance or measure,
20please call the elections official’s office at (insert telephone
21number) and a copy will be mailed at no cost to you.”
22The elections official may, at his or her discretion, add the
23following message: “You may also access the full text of the
24measure on the county Web site at the following Web site address
25(insert Web site address).”
26(c) Not later than 88 days prior to an election that includes a
27county ballot measure, the board of supervisors may direct the
28county auditor to review the measure and determine whether the
29substance thereof, if adopted, would affect the revenues or
30expenditures of the county. He
or she shall prepare a fiscal impact
31statement which estimates the amount of any increase or decrease
32in revenues or costs to the county if the proposed measure is
33adopted. The fiscal impact statement is “official matter” within
34the meaning of Section 13303, and shall be printed preceding the
35arguments for and against the measure. The fiscal impact statement
36may not exceed 500 words in length.
Section 9280 of the Elections Code is amended to read:
Whenever a city measure qualifies for a place on the
39ballot, the governing body may direct the city elections official to
40transmit a copy of the measure to the city attorney, unless the
P5 1organization or salaries of the office of the city attorney are
2affected. The city attorney shall prepare an impartial analysis of
3the measure showing the effect of the measure on the existing law
4and the operation of the measure. The analysis shall include a
5statement indicating whether the measure was placed on the ballot
6by a petition signed by the requisite number of voters or by the
7governing body of the city. If the measure affects the organization
8or salaries of the office of the city attorney, the governing board
9may direct the city
elections official to prepare the impartial
10analysis. The analysis shall be printed preceding the arguments
11for and against the measure. The analysis shall not exceed 500
12words in length.
13In the event the entire text of the measure is not printed on the
14ballot, nor in the voter information portion of the sample ballot,
15there shall be printed immediately below the impartial analysis,
16in no less than 10-point bold type, a legend substantially as follows:
17“The above statement is an impartial analysis of Ordinance or
18Measure ____. If you desire a copy of the ordinance or measure,
19please call the elections official’s office at (insert telephone
20number) and a copy will be mailed at no cost to you.”
Section 9313 of the Elections Code is amended to read:
Except as provided in Section 9314, whenever a district
23measure is submitted to the voters, the district elections official
24shall transmit a copy of the measure to the county counsel, or to
25the district attorney if there is no county counsel, of the county
26that contains the largest number of registered voters of the district.
27The county counsel or district attorney shall prepare an impartial
28analysis of the measure showing the effect of the measure on the
29existing law and the operation of the measure. The analysis shall
30include a statement indicating whether the measure was placed on
31the ballot by a petition signed by the requisite number of voters
32or by the governing body of the district. The analysis shall be
33printed
preceding the arguments for and against the measure. The
34analysis shall not exceed 500 words in length.
35In the event the entire text of the measure is not printed on the
36ballot nor in the voter information portion of the sample ballot,
37there shall be printed immediately below the impartial analysis,
38in no less than 10-point bold type, a legend substantially as follows:
39“The above statement is an impartial analysis of Ordinance or
40Measure ____. If you desire a copy of the ordinance or measure,
P6 1please call the district elections official’s office at (insert telephone
2number) and a copy will be mailed at no cost to you.”
Section 9314 of the Elections Code is amended to read:
(a) Whenever a district measure is submitted to the
5voters of a water district, the district elections official shall transmit
6a copy of the measure to the legal counsel for the water district,
7or to the county counsel if there is no legal counsel for the water
8district, of the county that contains the largest number of registered
9voters of the water district. Except as otherwise provided in
10subdivision (b), if there is a legal counsel for the water district, he
11or she shall prepare, subject to review and revision by the county
12counsel, an impartial analysis of the measure showing the effect
13of the measure on the existing law and the operation of the
14measure. The analysis shall include a statement indicating
whether
15the measure was placed on the ballot by a petition signed by the
16requisite number of voters or by the governing body of the water
17district. The analysis shall be printed preceding the arguments for
18and against the measure. The analysis shall not exceed 500 words
19in length.
20In the event the entire text of the measure is not printed on the
21ballot nor in the voter information portion of the sample ballot,
22there shall be printed immediately below the impartial analysis,
23in no less than 10-point bold type, a legend substantially as follows:
24“The above statement is an impartial analysis of Ordinance or
25Measure ____. If you desire a copy of the ordinance or measure,
26please call the district elections official’s office at (insert telephone
27number) and a copy will be mailed at no cost to you.”
28(b) If there is no legal counsel for the water district, or if the
29legal counsel for the water district and the county counsel so agree,
30the county counsel shall prepare the impartial analysis.
31(c) As used in this section:
32(1) “Legal counsel for the water district” means the attorney
33designated under the district’s conflict of interest code as its legal
34officer pursuant to Article 3 (commencing with Section 87300) of
35Chapter 7 of Title 9 of the Government Code.
36(2) “County counsel” means the district attorney if there is no
37county counsel.
38(3) “Water district” means a water district as defined in Section
3920200
of the Water Code.
Section 9500 of the Elections Code is amended to read:
(a) Whenever a school measure qualifies for a place on
2the ballot, the county elections official shall transmit a copy of the
3measure to the county counsel or to the district attorney in a county
4that has no county counsel.
5(b) The county counsel or district attorney shall prepare an
6impartial analysis of the measure, showing the effect of the measure
7on the existing law and the operation of the measure. The analysis
8shall include a statement indicating that the measure was placed
9on the ballot by the governing board of the district. The analysis
10shall be printed preceding the arguments for and against the
11measure. The analysis shall not exceed 500
words in length.
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