BILL NUMBER: SB 654 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senators Leno and Padilla
FEBRUARY 22, 2013
An act to amend Sections 9001, 9002, 9004, and 9006 of, and
to add Sections 9006.5, 9023, and 11042.5 to, the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 654, as amended, Leno. Ballot measure petitions:
translation translations .
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. 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.
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.
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.
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.
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.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9001 of the
Elections Code is amended to read:
9001. (a) (1) Prior to the circulation of
any an 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.
(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.
(b) Each and every proponent of any
a 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 any an
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 must
shall be submitted to the Attorney General's
Initiative Coordinator located in the Sacramento Attorney General's
Office via U.S. United States Postal
Service, alternative mail service, or personal delivery. Only printed
documents will be accepted, accepted;
facsimile or e-mail delivery will not be accepted.
(e) The Attorney General's office General
shall not deem a request for a circulating title and summary
submitted until all of the requirements of this section are met.
SEC. 2. Section 9002 of the Elections
Code is amended to read:
9002. (a) The Except as provided in
subdivision (c) of Section 9004, the 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 must shall be
submitted with a signed request by all the proponents to prepare a
circulating title and summary using the amended language.
(c) The amendment must shall be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via U.S.
United States Postal Service, alternative mail
service service, or personal delivery. Only
printed documents will be accepted, accepted;
facsimile or e-mail delivery will not be accepted.
SEC. 3. Section 9004 of the Elections
Code is amended to read:
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) The Except as provided in
subdivision (c), the 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."
(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.
(c)
(d) 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.
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. 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.
SEC. 4. Section 9006 of the Elections
Code is amended to read:
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) The Except as provided in subdivision
(c), the 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.
(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.
(c)
(d) 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.
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. 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.
SEC. 5. Section 9006.5 is added to the
Elections Code , to read:
9006.5. 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.
SEC. 6. Section 9023 is added to the
Elections Code , to read:
9023. 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.
SEC. 7. Section 11042.5 is added to the
Elections Code , to read:
11042.5. (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.
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.