Amended in Assembly September 3, 2013

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 336, 9002, begin delete 9004, and 9006 end delete begin insert and 9004 end insert 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: begin insert recall petitions: end insert translations.

begin insert

(1) Existing law, the federal Voting Rights Act of 1965, requires the state and certain counties to provide voting materials in languages other than English, as specified.

end insert

begin delete (1) end delete begin delete   end delete Existing law requires the Attorney General, upon receipt of the text of a proposed initiative begin delete or referendum end delete 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. begin delete 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 delete 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 begin delete or referendum end delete measure, the proponents shall begin delete submit a list of specified counties in which the petition will be circulated. This bill would require the proponents of a proposed initiative or referendum measure to submit a list of specified counties in which the petition will be circulated no later than 5 days after receipt of the circulating title and summary. Upon submission of the list, end delete begin insert notify the Attorney General, in the manner prescribed by the Attorney General, of their intention to circulate. Upon receipt of the proponents’ notice of intention to circulate, end insert this bill would require the Attorney General to prepare a translation of the circulating title and summary of the proposed initiative begin delete or referendum end delete measure in begin delete a language other than English under certain circumstances end delete begin insert each language in which the state or a county is required to provide voting materials pursuant to the federal Voting Rights Act of 1965 end insert . 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 delete If end delete begin insert This bill would provide end insert begin insert that if end insert the proponents of a proposed initiative begin delete or referendum end delete measure do not submit begin delete 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. end delete begin insert a notice of intention to circulate, the proponents’ request for a circulating title and summary shall be deemed withdrawn and the petition shall not be circulated for signature. end insert This bill would specify that the official summary date of a proposed initiative begin delete or referendum end delete measure is the date a copy of each translation of the circulating title and summary is delivered or mailed to the begin delete 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 delete begin insert proponents. 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 begin delete or referendum end delete petition for signature and imposes certain requirements on these circulators.

begin delete If an initiative or referendum petition is circulated in a specified county, this end delete begin insert This end insert 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 begin insert made end insert available to each person whom the circulator solicits in that language to sign the begin delete petition. This bill would also require a circulator to provide a copy of the applicable translated circulating title and summary end delete begin insert petition and end insert to any begin insert other end insert 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.

begin delete

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 delete begin insert

This bill would require the Secretary of State to prepare a translation of the petition for the recall of a state officer in each language in which the state or a county, as specified, is required to provide voting materials pursuant to the federal Voting Rights Act of 1965. 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 provide a copy of each translation to the proponents.

end insert

(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 begin insert made end insert available to each person whom the circulator solicits in that language to sign the begin delete petition. This bill would also require the circulator to provide a copy of the translation of the petition end delete begin insert petition and end insert 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 begin delete language end delete
begin insert languages end insert of specified minority groups. However, ballot measure
petitions, which are circulated for signature in hopes of qualifying
a measure for the ballot, are not begin delete required to be provided in other
languages under existing law end delete begin insert provided in languages other than
English end insert . 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 begin delete and referendum end delete 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.

begin delete

SEC. 2.  

Section 336 of the Elections Code is amended to read:

336.  

“Official summary date” 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.

end delete

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.  

The “official summary date” is the date begin insert a copy of the
translations of end insert 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.

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 email delivery will not be accepted.

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. begin delete The end delete begin insert For each request for a circulating title and summary
received by the Attorney General on or after January 1, 2014, the end insert
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 begin insert business end insert days after receipt of the copy of the
circulating title and summary, begin delete 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 delete begin insert notify the Attorney General, in the manner prescribed
by the Attorney General, of their intention to circulate the petition. end insert

(c)  begin delete (1) end delete begin delete   end delete If the begin insert end insert proponents intend to circulate the initiative
measure petition, the proponents shall, no later than five begin insert business end insert
days after receipt of the copy of the circulating title and summary,
begin delete 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 end delete begin insert notify
the Attorney General, in the manner prescribed by the Attorney
General, of their intention to circulate the petition. end insert

begin insert (d) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Upon end insert receipt of the begin delete list of counties, end delete begin insert proponents’ notice
of intention to circulate, end insert the Attorney General shall prepare a
translation of the circulating title and summary of the proposed
initiative measure in begin delete each applicable minority language for the
counties identified by the proponents that are covered by end delete begin insert each
language in which the state or a county is required to provide
voting materials pursuant to end insert Section 203 (42 U.S.C. Sec.
1973aa-1a) begin delete or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) end delete of the
federal Voting Rights Act of 1965. The Attorney General shall
provide a copy of each translation to the proponents begin insert and the
Secretary of State end insert no later than 10 days after receipt of the begin delete list of
counties. end delete begin insert notice of intention to circulate. end insert begin delete The date the copy of each
translation is delivered or mailed to the proponents is the “official
summary date.” end delete

begin delete

(2) The Attorney General shall provide a copy of the list of
counties identified by the 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)

end delete

begin insert (2) end insert  Upon receipt of each translation of the circulating title and
summary from the Attorney General, begin delete or upon receipt of the notice
that the proponents did not submit a list of counties in accordance
with subdivision (c), end delete 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 begin insert and each applicable
translation end insert to each county elections official. begin delete The Secretary of State
shall also provide the relevant translation to the county elections
official in each county identified by the proponents, if applicable. end delete
The notification provided pursuant to this begin delete subdivision end delete begin insert paragraph end insert
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

(e) If the proponents do not notify the Attorney General of their
intention to circulate the petition in accordance with subdivision
(c), the Attorney General shall notify the Secretary of State of that
fact, the proponents’ request for a circulating title and summary
shall be deemed withdrawn, and the petition shall not be circulated
for signature.

end insert

begin delete

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.”

(2) The Attorney General shall provide a copy of the list of
counties identified by the 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, 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.

end delete

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

Section 9023 is added to the Elections Code, to read:

9023.  

In the event that the circulator of an initiative begin delete or
referendum end delete petition circulates the petition in a county covered by
Section 203 (42 U.S.C. Sec. 1973aa-1a) begin delete or Section 4(f)(4) (42
U.S.C. Sec. 1973b(f)(4)) end delete 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 begin insert made end insert available to each person whom the circulator solicits in
that language to sign the begin delete petition. The circulator shall also provide
a copy of the applicable translated circulating title and summary end delete
begin insert petition and end insert to any begin insert other end insert person upon request.

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

begin delete

(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.

end delete begin insert

(b) (1) Except as provided in paragraph (2), the Secretary of
State shall prepare a translation of the petition in each language
in which the state or a county is required to provide voting
materials pursuant to Section 203 (42 U.S.C. Sec. 1973aa-1a) of
the federal Voting Rights Act of 1965.

end insert begin insert

(2) If the officer sought to be recalled is a State Senator, Member
of the Assembly, Member of the Board of Equalization, or justice
of a court of appeal, the Secretary of State shall prepare a
translation of the petition in each language in which the state or
a county included within the officer’s electoral jurisdiction is
required to provide voting materials pursuant to Section 203 (42
U.S.C. Sec. 1973aa-1a) of the federal Voting Rights Act of 1965.

end insert begin insert

(c) The Secretary of State shall provide a copy of each
translation to the proponents within 10 days after ascertaining
that the proposed form and wording of the petition meet the
requirements of this chapter.

end insert

(d) If a recall petition is circulated in a county covered by
Section 203 (42 U.S.C. Sec. 1973aa-1a) begin delete or Section 4(f)(4) (42
U.S.C. Sec. 1973b(f)(4)) end delete 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 begin insert made end insert
available to each person whom the circulator solicits in that
language to sign the begin delete petition. The circulator shall also provide a
copy of the applicable translation of the petition end delete begin insert petition and end insert to
any begin insert other end insert person upon request.