Amended in Senate April 1, 2013

Senate Bill No. 654

Introduced by Senators Leno and Padilla

February 22, 2013

An act begin insert to amend Sections 9001, 9002, 9004, and 9006 of, and to add Sections 9006.5, 9023, and 11042.5 to, the Elections Code, end insert relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 654, as amended, Leno. Ballot measure petitions: begin delete translation end delete begin insert translations end insert .

Existing law requires the Attorney General, upon receipt of the text of a proposed initiative or referendum measure, to prepare a circulating title and summary of the chief purpose and points of the proposed measure. begin insert Existing law requires the Attorney General to provide a copy of the circulating title and summary of a proposed initiative measure to the proponents of the measure and the Secretary of State within 15 days, as specified. Existing law requires the Attorney General to provide a copy of the circulating title and summary of a proposed referendum measure to the proponents of the measure and the Secretary of State within 10 days after receipt of the proposed referendum. end insert

begin insert

This bill would require the proponents of an initiative or referendum measure, at the time of submitting the text of the proposed measure to the Attorney General, to submit a list of specified counties in which the initiative or referendum petition will be circulated. Upon submission of the list, this bill would require the Attorney General to prepare a translation of the circulating title and summary of the proposed initiative or referendum measure in a language other than English under certain circumstances. If the Attorney General is required to prepare a translation, this bill would require the Attorney General to provide a copy of the circulating title and summary and its translation to the proponents and the Secretary of State within 25 days, as specified, for a proposed initiative measure and within 20 days after receipt of a proposed referendum measure.

end insert begin insert

Existing law permits any person who is a voter or who is qualified to register to vote in the state to circulate an initiative or referendum petition for signature and imposes certain requirements on these circulators.

end insert begin insert

If an initiative or referendum petition is circulated in a specified county, this bill would require a copy of the applicable translated circulating title and summary prepared by the Attorney General to be attached to the petition and available to each person whom the circulator solicits in that language to sign the petition. This bill would also require a circulator to provide a copy of the applicable translated circulating title and summary to any person upon request.

end insert begin insert

Existing provisions of the California Constitution and statute authorize the recall of state officers. Existing law requires the proponents of the recall to file 2 blank copies of the petition to recall the officer with the Secretary of State, who is required to ascertain if the proposed form and wording of the petition meet specified requirements.

end insert begin insert

This bill would require the proponents of a recall of a state officer, at the time of filing the 2 blank copies of the petition with the Secretary of State, to submit a list of specified counties in which the recall petition will be circulated. If the proponents submit this list of counties, this bill would require the Secretary of State, within 10 days after ascertaining that the proposed form and wording of the recall petition meet specified requirements, to prepare a translation of the petition in each applicable minority language of the counties identified by the proponents, and provide a copy of each translation to the proponents.

end insert begin insert

Existing law requires a recall petition to use a specified format and contain certain information. Under existing law, any person who is a registered voter of the electoral jurisdiction of the officer sought to be recalled may circulate the recall petition for signatures.

end insert begin insert

If a recall petition is circulated in a specified county, this bill would require a copy of the applicable translation of the petition prepared by the Secretary of State to be attached to the petition and available to each person whom the circulator solicits in that language to sign the petition. This bill would also require the circulator to provide a copy of the translation of the petition to any person upon request.

end insert begin delete

This bill would state the intent of the Legislature to enact legislation requiring the circulating title and summary of a proposed initiative or referendum measure to be translated in a language other than English.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 9001 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

9001.  

(a)  begin insert (1) end insert begin insert   end insert Prior to the circulation of begin delete any end delete begin insert an end insert initiative or
referendum petition for signatures, the text of the proposed measure
shall be submitted to the Attorney General with a written request
that a circulating title and summary of the chief purpose and points
of the proposed measure be prepared. The electors presenting the
request shall be known as the “proponents.” The Attorney General
shall preserve the written request until after the next general
election.

begin insert

(2) The proponents of an initiative or referendum measure, at
the time of submitting the text of the proposed measure to the
Attorney General, shall submit to the Attorney General a list of
the counties in which the petition will be circulated that are
covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section
4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights
Act of 1965.

end insert

(b) Each begin delete and every end delete proponent of begin delete any end delete begin insert a end insert proposed initiative
measure shall, at the time of submitting the text of the proposed
measure, provide both of the following:

(1) An original signed certification stating that “I, (insert name),
declare under penalty of perjury that I am a citizen of the United
States, 18 years of age or older, and a resident of (insert county),
California.”

(2) Public contact information.

(c) The proponents of begin delete any end delete begin insert an end insert initiative measure, at the time of
submitting the text of the proposed measure to the Attorney
General, shall pay a fee of two hundred dollars ($200), which shall
be placed in a trust fund in the office of the Treasurer and refunded
to the proponents if the measure qualifies for the ballot within two
years from the date the summary is furnished to the proponents.
If the measure does not qualify within that period, the fee shall be
immediately paid into the General Fund of the state.

(d) All referenda and proposed initiative measures begin delete must end delete begin insert shall end insert
be submitted to the Attorney General’s Initiative Coordinator
located in the Sacramento Attorney General’s Office via begin delete U.S. end delete
begin insert United States end insert Postal Service, alternative mail service, or personal
delivery. Only printed documents will be begin delete accepted, end delete begin insert accepted; end insert
facsimile or e-mail delivery will not be accepted.

(e) The Attorney begin delete General’s office end delete begin insert General end insert shall not deem a
request for a circulating title and summary submitted until all of
the requirements of this section are met.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 9002 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9002.  

(a)  begin delete The end delete begin insert Except as provided in subdivision (c) of Section
9004, the end insert Attorney General shall provide a copy of the title and
summary to the Secretary of State within 15 days after receipt of
the final version of a proposed initiative measure, or, if a fiscal
estimate or opinion is to be included, within 15 days after receipt
of the fiscal estimate or opinion prepared by the Department of
Finance and the Joint Legislative Budget Committee pursuant to
Section 9005. If during the 15-day period the proponents of the
proposed initiative measure submit amendments, other than
technical, nonsubstantive amendments, to the final version of the
measure, the Attorney General shall provide a copy of the title and
summary to the Secretary of State within 15 days after receipt of
the amendments.

(b) The amendment begin delete must end delete begin insert shall end insert be submitted with a signed
request by all the proponents to prepare a circulating title and
summary using the amended language.

(c) The amendment begin delete must end delete begin insert shall end insert be submitted to the Attorney
General’s Initiative Coordinator located in the Sacramento Attorney
General’s Office via begin delete U.S. end delete begin insert United States end insert Postal Service, alternative
mail begin delete service end delete begin insert service, end insert or personal delivery. Only printed documents
will be begin delete accepted, end delete begin insert accepted; end insert facsimile or e-mail delivery will not
be accepted.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 9004 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9004.  

(a) Upon receipt of the text of a proposed initiative
measure, the Attorney General shall prepare a circulating title and
summary of the chief purposes and points of the proposed measure.
The circulating title and summary shall not exceed a total of 100
words. The Attorney General shall also provide a unique numeric
identifier for each proposed initiative measure. The circulating
title and summary shall be prepared in the manner provided for
the preparation of ballot titles and summaries in Article 5
(commencing with Section 9050), the provisions of which, in
regard to the preparation, filing, and settlement of ballot titles and
summaries, are hereby made applicable to the circulating title and
summary.

(b)  begin delete The end delete begin insert Except as provided in subdivision (c), the end insert Attorney
General shall provide a copy of the circulating title and summary
and its unique numeric identifier to the proponents and to the
Secretary of State within 15 days after receipt of the fiscal estimate
or opinion prepared by the Department of Finance and the Joint
Legislative Budget Committee pursuant to Section 9005. The date
the copy is delivered or mailed to the proponents is the “official
summary date.”

begin insert

(c) In the event that the Attorney General is required to prepare
a translation of the circulating title and summary pursuant to
Section 9006.5, the Attorney General shall provide a copy of the
circulating title and summary, its translation, and its unique
numeric identifier to the proponents and the Secretary of State
within 25 days after receipt of the fiscal estimate or opinion
prepared by the Department of Finance and the Joint Legislative
Budget Committee pursuant to Section 9005. The Attorney General
shall also provide the Secretary of State with a list of the counties
identified by the proponents pursuant to paragraph (2) of
subdivision (a) of Section 9001.

end insert begin delete

(c)

end delete

begin insert (d) end insert  Upon receipt of the circulating title and summary from the
Attorney General, the Secretary of State shall, within one business
day, notify the proponents and county elections official of each
county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. begin insert In
the event that the Secretary of State receives from the Attorney
General a translation of the circulating title and summary pursuant
to subdivision (c), the Secretary of State shall provide the relevant
translation to the county elections official in each county identified
by the proponents pursuant to paragraph (2) of subdivision (a) of
Section 9001. end insert This notification shall also include a complete
schedule showing the maximum filing deadline, and the
certification deadline by the counties to the Secretary of State.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 9006 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

9006.  

(a) Upon receipt of the text of a proposed referendum,
the Attorney General shall prepare a circulating title and summary
of the chief purpose and points of the proposed statute at issue.
The circulating title and summary shall not exceed a total of 100
words. No fiscal analysis shall be included.

(b)  begin delete The end delete begin insert Except as provided in subdivision (c), the end insert Attorney
General shall provide a copy of the circulating title and summary
of the proposed referendum to the proponents and to the Secretary
of State within 10 days after receipt of the proposed referendum.

begin insert

(c) In the event that the Attorney General is required to prepare
a translation of the circulating title and summary pursuant to
Section 9006.5, the Attorney General shall provide a copy of the
circulating title and summary, its translation, and its unique
numeric identifier to the proponents and the Secretary of State
within 20 days after receipt of the proposed referendum.

end insert begin delete

(c)

end delete

begin insert (d) end insert  Upon receipt of the circulating title and summary from the
Attorney General, the Secretary of State shall, within one business
day, notify the proponents and county elections official of each
county of the official summary date and provide a copy of the
circulating title and summary to each county elections official. begin insert In
the event that the Secretary of State receives from the Attorney
General a translation of the circulating title and summary pursuant
to subdivision (c), the Secretary of State shall provide the relevant
translation to the county elections official in each county identified
by the proponents pursuant to paragraph (2) of subdivision (a) of
Section 9001. end insert This notification shall also include a complete
schedule showing the maximum filing deadline, and the
certification deadline by the counties to the Secretary of State.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 9006.5 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 9006.5. end insert   

In the event that the proponents of an initiative or
referendum measure submit to the Attorney General a list of
counties pursuant to paragraph (2) of subdivision (a) of Section
9001, the Attorney General shall prepare a translation of the
circulating title and summary of the proposed measure in each
applicable minority language for the counties identified by the
proponents that are covered by Section 203 (42 U.S.C. Sec.
1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the
federal Voting Rights Act of 1965.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 9023 is added to the end insert begin insert Elections Code end insert begin insert , to read: end insert

begin insert

begin insert 9023. end insert   

In the event that the circulator of an initiative or
referendum petition circulates the petition in a county covered by
Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42
U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965,
a copy of the applicable translated circulating title and summary
prepared by the Attorney General shall be attached to the petition
and available to each person whom the circulator solicits in that
language to sign the petition. The circulator shall also provide a
copy of the applicable translated circulating title and summary to
any person upon request.

end insert

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 11042.5 is added to the end insert begin insert Elections Code end insert begin insert , to
read: end insert

begin insert

begin insert 11042.5. end insert   

(a) This section applies only to the recall of state
officers.

(b) At the time of the filing of two blank copies of the petition
pursuant to Section 11042, the proponents shall also submit to the
Secretary of State a list of the counties in which the petition will
be circulated that are covered by Section 203 (42 U.S.C. Sec.
1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the
federal Voting Rights Act of 1965.

(c) If the proponents submit a list of counties pursuant to
subdivision (b), the Secretary of State, within 10 days after
ascertaining that the proposed form and wording of the petition
meet the requirements of this chapter, shall prepare a translation
of the petition in each applicable minority language for the counties
identified by the proponents that are covered by Section 203 (42
U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec.
1973b(f)(4)) of the federal Voting Rights Act of 1965, and provide
a copy of each translation to the proponents.

(d) If a recall petition is circulated in a county covered by
Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42
U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965,
a copy of the applicable translation of the petition prepared by
the Secretary of State shall be attached to the petition and available
to each person whom the circulator solicits in that language to
sign the petition. The circulator shall also provide a copy of the
applicable translation of the petition to any person upon request.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to enact
legislation requiring the circulating title and summary of a proposed
initiative or referendum measure to be translated in a language
other than English.

end delete