Amended in Senate July 9, 2013

Amended in Senate June 12, 2013

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 Bill No. 354

Introduced by Assembly Member Dahle

February 13, 2013

An act to amend Sections begin delete 303.5, 9051, end delete 9160, 9280, 9313, 9314, and 9500 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

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

begin delete

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 specifies that the ballot title and summary shall not exceed 100 words, not including the fiscal impact summary.

end delete begin delete

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. The bill would specify that this statement shall not be included in the 100-word limit for the ballot title and summary.

end delete

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:

begin delete

SECTION 1.  

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 or the statement indicating whether the measure
was placed on the ballot by petition or by the Legislature.

(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. 2.  

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. 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. The ballot title and summary shall not exceed 100
words, not including the fiscal impact summary or the statement
indicating whether the measure was placed on the ballot by petition
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 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.

end delete

begin delete SEC. 3. end delete
begin insert SECTION 1. end insert   

Section 9160 of the Elections Code is amended
to read:

9160.  

(a) Whenever 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 a county 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.

begin delete SEC. 4. end delete
begin insert SEC. 2. end insert   

Section 9280 of the Elections Code is amended to read:

9280.  

Whenever 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.”

begin delete SEC. 5. end delete
begin insert SEC. 3. end insert   

Section 9313 of the Elections Code is amended to read:

9313.  

Except as provided in Section 9314, whenever 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.”

begin delete SEC. 6. end delete
begin insert SEC. 4. end insert   

Section 9314 of the Elections Code is amended to read:

9314.  

(a) Whenever 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) 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.

begin delete SEC. 7. end delete
begin insert SEC. 5. end insert   

Section 9500 of the Elections Code is amended to read:

9500.  

(a) Whenever a school measure qualifies for a place on
the ballot, the county elections official shall transmit a copy of the
measure to the county counsel or to the district attorney in a county
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 that the measure was placed
on the ballot by the governing board 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.