BILL NUMBER: SB 654 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senators Leno and Padilla
( Coauthors: Senators
Hancock and Yee )
FEBRUARY 22, 2013
An act to amend Sections 9001, 9002, 9004, and
9006 of, and to add Sections 9006.5, 9023,
9023 and 11042.5 to, the Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 654, as amended, Leno. Ballot measure petitions: translations.
(1) 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 Attorney General to provide a
notice to the proponents stating that, if the proponents intend to
circulate the petition for the proposed initiative or referendum
measure, the proponents shall submit a list of specified counties in
which the petition will be circulated. 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
no later than 5 days after receipt of the circulating title and
summary . 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 This bill would require the
Attorney General to provide a copy of the circulating
title and summary and its translation each 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
, as specified .
(2) 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.
(3) 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.
(4) 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.
Vote: majority. Appropriation: no. Fiscal committee: 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 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 proponent of 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 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 shall be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via United States Postal
Service, alternative mail service, or personal delivery. Only printed
documents will be accepted; facsimile or e-mail delivery will not be
accepted.
(e) The Attorney General shall not deem a request for a
circulating title and summary submitted until all of the requirements
of this section are met.
SECTION 1. The Legislature finds and declares all
of the following:
(a) California is a diverse state with a government selected by
the votes of its citizens. The state's robust initiative process is
designed to put lawmaking in the hands of the people, and continues
to play an important role in setting public policy with regard to
education, civil rights, fiscal policy, and other issues that affect
the lives of all Californians, including the state's 6.9 million
limited-English-proficient residents. The referendum and recall
processes also play an important role in developing public policy.
(b) The signature-gathering phase to qualify these proposed
measures for the ballot is an integral part of the state's electoral
system.
(c) The federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et
seq.) prohibits discriminatory voting practices and protects the
rights of voters with limited English proficiency by requiring
covered jurisdictions to provide voting materials in the language of
specified minority groups. However, ballot measure petitions, which
are circulated for signature in hopes of qualifying a measure for the
ballot, are not required to be provided in other languages under
existing law. As a result, millions of voters with limited English
proficiency are excluded from playing a role in determining which
proposed measures qualify for the ballot.
(d) The provision of translated versions of circulating titles and
summaries of initiative and referendum measures, and of translated
versions of recall petitions, will further the purpose of the federal
Voting Rights Act and ensure that voters with limited English
proficiency have the ability to exercise their fundamental democratic
rights.
SEC. 2. Section 9002 of the Elections Code is amended to read:
9002. (a) Except as provided in subdivision (c) of
Section 9004, the The Attorney General shall
provide a copy of the title and summary to the Secretary of
State proponents 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 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 shall be submitted to the Attorney General's
Initiative Coordinator located in the Sacramento Attorney General's
Office via United States Postal Service, alternative mail service, or
personal delivery. Only printed documents will be 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) Except as provided in subdivision (c), the
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 , as
specified in Section 9005 9002 .
The date the copy is delivered or mailed to the proponents is the
"official summary date." The Attorney General shall include with
the copy of the circulating title and summary a notice stating that,
if the proponents intend to circulate the proposed initiative
measure, the proponents shall, no later than five days after receipt
of the copy of the circulating title and summary, 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.
(c) If the proponents intend to circulate the initiative measure
petition, the proponents shall, no later than five days after receipt
of the copy of the circulating title and summary, 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. Upon receipt of the list of
counties, the Attorney General shall prepare a translation of the
circulating title and summary of the proposed initiative 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. The Attorney General shall provide a copy
of each translation to the proponents no later than 10 days after
receipt of the list of counties.
(c)
(d) 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 The
Attorney General shall provide a copy of the circulating title and
summary, its translation, and its unique numeric
identifier , the list of counties identified by the proponents,
and each translation of the circulating title and summary to
the proponents and the Secretary of State within
25 10 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
list of counties identified by the proponents .
(d)
(e) 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 The Secretary
of State shall also 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 The
notification provided p ursuant to this subdivision
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) Except as provided in subdivision (c), the
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. The Attorney
General shall include with the copy of the circulating title and
summary a notice stating that, if the proponents intend to circulate
the proposed referendum measure, the proponents shall, no later than
five days after receipt of the copy of the circulating title and
summary, 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.
(c) If the proponents intend to circulate the referendum measure
petition, the proponents shall, no later than five days after receipt
of the copy of the circulating title and summary, 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. Upon receipt of the list of
counties, the Attorney General shall prepare a translation of the
circulating title and summary of the proposed referendum 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. The Attorney General shall provide a copy
of each translation to the proponents no later than 10 days after
receipt of the list of counties.
(c)
(d) 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 The
Attorney General shall provide a copy of the circulating title and
summary, its translation, and its unique numeric
identifier , the list of counties identified by the
proponents, and each translation of the circulating title and summary
to the proponents and the Secretary of
State within 20 10 days after receipt
of the proposed referendum list of counties
identified by the proponents .
(d)
(e) 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 The Secretary
of State shall also 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 The
notification provide pursuant to this subdivision 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. SEC. 5. 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. SEC. 6. 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.