Amended in Assembly June 26, 2013

Amended in Senate May 24, 2013

Amended in Senate April 1, 2013

Senate Bill No. 654

Introduced by Senators Leno and Padilla

(Coauthors: Senators Hancock and Yee)

February 22, 2013

An act to amend Sections begin insert 336, end insert 9002, 9004, and 9006 of, and to add Sections 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. begin insert Existing law specifies that the official summary date of a proposed measure is the date a circulating title and summary is delivered or mailed by the Attorney General to the proponents of the proposed measure. end insert

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 begin delete an end delete begin insert a proposed end insert initiative or referendum measure to submit a list of specified counties in which the begin delete initiative or referendum end delete 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. This bill would require the Attorney General to provide a copy of each translation to the proponents and the Secretary of State, as specified. begin insert If the proponents of a proposed initiative or referendum measure do not submit a list of specified counties in which the petition will be circulated, this bill would require the Attorney General to notify the Secretary of State of that fact. This bill would specify that the official summary date of a proposed initiative or referendum measure is the date a copy of each translation of the circulating title and summary is delivered or mailed to the proponents, or the date the Secretary of State receives a notice that the proponents did not submit a list of specified counties, as applicable. end insert

(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.  

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 begin insert of 1965 end insert and ensure that voters with limited
English proficiency have the ability to exercise their fundamental
democratic rights.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 336 of the end insert begin insert Elections Code end insert begin insert is amended to read: end insert

336.  

begin delete The “official end delete begin insert “Official end insert summary date” begin delete is the date a
circulating title and summary of a proposed initiative measure is
delivered or mailed by the Attorney General to the proponents of
the proposed measure. end delete begin insert means either of the following: end insert

begin insert

(a) The date a copy of each translation of a circulating title and
summary of a proposed initiative or referendum measure is
delivered or mailed by the Attorney General to the proponents of
the proposed measure.

end insert begin insert

(b) The date the Secretary of State receives a notice from the
Attorney General that the proponents of a proposed initiative or
referendum measure did not submit a list of counties in accordance
with subdivision (c) of Section 9004 or subdivision (c) of Section
9006.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

Section 9002 of the Elections Code is amended to read:

9002.  

(a) The Attorney General shall provide a copy of the
title and summary to begin insert the Secretary of State and end insert the 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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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 Attorney General shall provide a copy of the circulating
title and summary and its unique numeric identifier to begin insert the Secretary
of State and end insert the proponents within 15 days, as specified in Section
9002. begin delete The date the copy is delivered or mailed to the proponents
is the “official summary date.” end delete 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)  begin insert (1) end insert begin insert   end insert 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. begin insert The date the copy of
each translation is delivered or mailed to the proponents is the
“official summary date. end insert begin insert ” end insert

begin delete

(d)

end delete

begin insert (2) end insert  The Attorney General shall provide a copy of begin delete the circulating
title and summary, its unique numeric identifier, end delete the list of counties
identified by the begin delete proponents, end delete begin insert proponents end insert and each translation of
the circulating title and summary to the Secretary of State within
10 days after receipt of the list of counties identified by the
proponents.

begin insert

(d) If the proponents do not submit a list of counties in
accordance with subdivision (c), the Attorney General shall notify
the Secretary of State of that fact. The date upon which the
Secretary of State receives a notice from the Attorney General that
the proponents did not submit a list of counties in accordance with
subdivision (c) is the “official summary date.”

end insert

(e) Upon receipt of begin delete the end delete begin insert each translation of the end insert circulating title
and summary from the Attorney General, begin insert or upon receipt of the
notice that the proponents did not submit a list of counties in
accordance with subdivision (c), end insert 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. The Secretary of State shall also provide the relevant
translation to the county elections official in each county identified
by the begin delete proponents. end delete begin insert proponents, if applicable. end insert The notification
provided 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.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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 Attorney General shall provide a copy of the circulating
title and summary of the proposed referendum to the begin insert Secretary of
State and the end insert proponents 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)  begin insert (1) end insert begin insert   end insert 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. begin insert end insert begin insert The date the copy of
each translation is delivered or mailed to the proponents is the
“official summary date.” end insert

begin delete

(d)

end delete

begin insert (2) end insert  The Attorney General shall provide a copy of begin delete the circulating
title and summary, its unique numeric identifier, end delete the list of counties
identified by the begin delete proponents, end delete begin insert proponents end insert and each translation of
the circulating title and summary to the Secretary of State within
10 days after receipt of the list of counties identified by the
proponents.

begin insert

(d) If the proponents do not submit a list of counties in
accordance with subdivision (c), the Attorney General shall notify
the Secretary of State of that fact. The date upon which the
Secretary of State receives a notice from the Attorney General that
the proponents did not submit a list of counties in accordance with
subdivision (c) is the “official summary date.”

end insert

(e) Upon receipt of begin insert each translation of end insert the circulating title and
summary from the Attorney General, begin insert or upon receipt of the notice
that the proponents did not submit a list of counties in accordance
with subdivision (c), end insert 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. The Secretary of State shall also provide the relevant
translation to the county elections official in each county identified
by the begin delete proponents. end delete begin insert proponents, if applicable. end insert The notification
begin delete provide end delete begin insert provided end insert 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.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

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.

begin delete SEC. 6. end delete
begin insert SEC. 7. end insert   

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.