BILL NUMBER: SB 654 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 26, 2013
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 336, 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. 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.
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 a proposed initiative or
referendum measure 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. This bill would require the Attorney General to
provide a copy of each translation to the proponents and the
Secretary of State, as specified. 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.
(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 of 1965 and ensure that voters with
limited English proficiency have the ability to exercise their
fundamental democratic rights.
SEC. 2. Section 336 of the Elections
Code is amended to read:
336. The "official "Official
summary date" 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.
means either of the following:
(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.
(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.
SEC. 2. SEC. 3. 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 the Secretary of State and 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.
SEC. 3. SEC. 4. 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 the
Secretary of State and the proponents within 15 days, as
specified in Section 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) (1) 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. The
date the copy of each translation is delivered or mailed to the
proponents is the "official summary date. "
(d)
(2) The Attorney General shall provide a copy of
the circulating title and summary, its unique numeric
identifier, the list of counties identified by the
proponents, proponents 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.
(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."
(e) Upon receipt of the each translation
of the circulating title and summary from the Attorney General,
or upon receipt of the notice that the proponents did not
submit a list of counties in accordance with subdivision (c),
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 proponents.
proponents, if applicable. 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.
SEC. 4. SEC. 5. 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 Secretary of
State and the 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) (1) 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.
The date the copy of each translation is delivered or mailed to
the proponents is the "official summary date."
(d)
(2) The Attorney General shall provide a copy of
the circulating title and summary, its unique numeric
identifier, the list of counties identified by the
proponents, proponents 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.
(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."
(e) Upon receipt of each translation of the
circulating title and summary from the Attorney General, or upon
receipt of the notice that the proponents did not submit a list of
counties in accordance with subdivision (c), 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 proponents.
proponents, if applicable. The notification provide
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.
SEC. 5. 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. 6. 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.