BILL ANALYSIS �
SENATE COMMITTEE ON ELECTIONS
AND CONSTITUTIONAL AMENDMENTS
Senator Norma J. Torres, Chair
BILL NO: AB 354 HEARING DATE: 7/2/13
AUTHOR: DAHLE ANALYSIS BY: Frances Tibon
Estoista
AMENDED: 6/12/13
FISCAL: NO
SUBJECT
Ballot measures: ballot title and summary: impartial analysis
DESCRIPTION
Existing law requires the Attorney General (AG) to prepare a
title and summary of the chief purpose and points of a proposed
statewide ballot measure that appears in the state ballot
pamphlet, and requires the title and summary to not exceed a
total of 100 words, including the fiscal impact statement.
Existing law specifically requires:
The AG, in providing the ballot title and summary, to give
a true and impartial statement of the purpose of the measure
in such language that the ballot title shall neither be an
argument, nor likely to create prejudice, for or against the
proposed measure.
The AG, during the preparation of a title and summary for
a proposed statewide ballot measure, to determine whether
the measure would affect the revenues or expenditures of the
state or local government.
The Department of Finance (DOF) and the Joint Legislative
Budget Committee (JLBC) to prepare an estimate of the impact
on revenues or expenditures if the AG determines that the
initiative would affect revenues or expenditures, also
provides that a statement of fiscal impact prepared by the
Legislative Analyst Office (LAO) may be used by the JLBC and
DOF in the preparation of the fiscal estimate or opinion and
further provides the AG to include this estimate in the
title and summary.
The AG to prepare a ballot label for each statewide ballot
measure, which is the portion of the ballot that contains
the names of candidates or a statement of a ballot measure.
Statewide ballot measure ballot labels to contain no more
than 75 words and to be a condensed version of the ballot
title and summary, including the fiscal impact summary.
A county counsel or district attorney to prepare an
impartial analysis of a qualified county ballot measure
showing the effect of the measure on existing law and the
operation of the measure.
A city attorney, unless the organization or salaries of
the office of the city attorney are affected, to prepare an
impartial analysis of a qualified city ballot measure
showing the effect of the measure on existing law and the
operation of the measure.
The county counsel or, if there is no county counsel, the
district attorney of the county that contains the largest
number of registered voters of the district, to prepare an
impartial analysis of a district measure showing the effect
of the measure on existing law and the operation of the
measure.
The legal counsel for a water district or, if there is no
legal counsel for the water district, the county counsel of
the county that contains the largest number of registered
voters of the water district, to prepare an impartial
analysis of the measure showing the effect of the measure on
the existing law and the operation of the measure.
Existing law provides that the impartial analysis required for
qualified ballot measures for county, city, district, water
district and school district not exceed 500 words in length.
Existing law requires the Secretary of State (SOS) to prepare a
state ballot pamphlet for every statewide election.
Existing law requires the state ballot pamphlet to contain,
among other things, the following items:
A complete copy of each state ballot measure;
A copy of the specific constitutional or statutory
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provision, if any, that each state measure would repeal or
revise;
A copy of the arguments and rebuttals for and against each
state measure; and,
A copy of the analysis of each state measure, prepared by
the LAO.
Existing law requires the state ballot pamphlet, for each
statewide ballot measure, to contain the following, among other
things:
Identification of the measure by number and title;
The official summary prepared by the AG; and,
The total number of votes cast for and against the measure
in both the Senate and Assembly, if the measure was passed by
the Legislature.
Existing law requires the county elections official to prepare a
sample ballot for each election.
Existing law requires the sample ballot to contain, among other
things, the following items:
A copy of the official ballot used in the election;
A notice of the polling place to each voter;
A complete copy of each local measure;
A copy of the arguments and rebuttals for and against each
local measure; and,
A copy of the analysis of each local measure.
This bill requires the ballot title and summary that appears in
the ballot pamphlet 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.
This bill requires the analysis of a county ballot measure,
prepared by the county counsel or district attorney, 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 board of supervisors.
This bill requires the analysis of a city ballot measure,
prepared by the city attorney, to include a statement indicating
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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.
This bill requires the analysis of a district ballot measure,
prepared by the county counsel or district attorney as
specified, 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 governing body of the district.
This bill requires the analysis of a water district ballot
measure, prepared by the legal counsel of the water district or
the county counsel as specified, 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
governing body of the water district.
This bill requires the analysis of a school ballot measure,
prepared by the county counsel or district attorney as
specified, to include a statement indicating that the measure
was placed on the ballot by the governing board of the district.
This bill specifies that 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.
BACKGROUND
Ballot Pamphlets and Sample Ballots . Existing law requires the
SOS to prepare the state ballot pamphlet for each statewide
election, which includes information about ballot measures that
will appear on the ballot. Among the information that is
included for each ballot measure is an impartial analysis of the
measure, arguments for and against the measure, and the full
text of the measure, and, for measures passed by the
Legislature, the total number of votes cast for and against the
measure in both the Senate and Assembly.
COMMENTS
1. According to the Author : Current law does not require that
the source of a qualified ballot initiative is listed on the
ballot or within the ballot summary. AB 354 would require
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that the source of the initiative be noted in the ballot
summary and on the ballot itself. This will help voters
determine how an initiative got on the ballot, especially
when there are competing issues.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 6-0
Assembly Floor: 73-0
POSITIONS
Sponsor: Author
Support: California Professional Firefighters
San Bernardino county Safety Employees' Benefit
Association
Oppose: None received
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