BILL NUMBER: AB 354	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 19, 2013
	PASSED THE ASSEMBLY  AUGUST 22, 2013
	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

INTRODUCED BY   Assembly Member Dahle

                        FEBRUARY 13, 2013

   An act to amend Sections 9160, 9280, 9313, 9314, and 9500 of the
Elections Code, relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 354, Dahle. Local ballot measures: impartial analysis.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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.
  SEC. 2.  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."
  SEC. 3.  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."
  SEC. 4.  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.
  SEC. 5.  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.