BILL ANALYSIS Ó
AB 1117
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1117 (Donnelly) - As Amended: March 21, 2013
Policy Committee: ElectionsVote:5-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill requires the Secretary of State (SOS) to make
available on its website:
1)The petition for every state initiative or referendum measure
currently in circulation, made available in a downloadable
format that voters can print and sign.
2)The mailing address where a signed petition can be sent.
FISCAL EFFECT
Ongoing General Fund costs of about $60,000 to the SOS for
part-time counsel to review petitions to verify accuracy and for
an analyst to post petitions, in a downloadable format, and
mailing addresses on the office website.
The SOS notes that requirements for how a petition is printed,
what language is included, what font size is used, etc., are
very precise. If a petition is not properly printed, it can be
grounds for challenge by opponents. The SOS does not currently
review petitions for legal correctness, but would likely have to
begin doing so to ensure that well-intentioned voters visiting
the SOS website are not disenfranchised by a legally incorrect
petition provided by a proponent.
AB 1117
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The SOS also points out that proponents often begin by
circulating more than one version of their measure and decide
later which version they will use. Under this bill, versions
would be available for signature for the duration of the
signature qualification period. This could mislead voters as to
which version on the SOS website they should sign.
COMMENTS
1)Purpose . According to the author, this bill streamlines the
initiative and referendum process, by giving voters online
access to initiative and referendum petitions currently in
circulation. California is one of 24 states that have an
initiative process, only two of which (Mississippi and Nevada)
appear to post petitions for the proposed initiative or
referendum measures on a governmental website.
2)Support , Common Cause asserts the bill would improve access to
the state's initiative system. "By allowing petitions to be
accessed and downloaded on the Secretary of State's website,
proponents can use the power of the Internet to mobilize
grassroots movements and further democratize the initiative
process."
3)Background . Traditionally, it has been the responsibility of
the proponents of an initiative or referendum measure to
prepare the petitions to qualify that measure for the ballot,
subject to certain formatting requirements. There is nothing
in existing law prohibiting petitions for proposed state
initiative or referendum measures from being made available
online for voters to download, print, sign, and mail.
4)Opposition . This bill requires the SOS, for the first time, to
be responsible for preparing initiative and referendum
petitions that can be used to collect signatures to qualify
measures for the ballot. The SOS is opposed to transferring
some of the costs associated with an initiative or referendum
campaign from a private proponent to the state's taxpayers.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081