Senate Bill No. 1253

Introduced by Senator Steinberg

February 20, 2014

An act to amend Sections 101, 303.5, 9002, 9004, 9005, 9014, 9033, 9034, 9051, 9082.7, 9092, 9094.5, and 9604 of the Elections Code, and to amend Section 88006 of the Government Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1253, as introduced, Steinberg. Initiative measures.

(1) Under existing law, the text of a proposed initiative measure is required to be submitted to the Attorney General for preparation of a circulating title and summary before the petition may be circulated for signatures. Existing law requires the Department of Finance and the Joint Legislative Budget Committee to jointly develop an estimate of the fiscal impact of the initiative measure and to deliver that fiscal estimate to the Attorney General within 25 working days, except as specified, for inclusion in the circulating title and summary. Existing law further requires the Secretary of State, upon request of the proponents of an initiative measure, to review the provisions of the initiative measure and to comment on the provisions of the measure with respect to form and language clarity.

This bill would require the Attorney General, upon receipt of a request to prepare the circulating title and summary, to initiate a 30-day public review process for the proposed initiative measure, as specified. The bill would require that the fiscal estimate be prepared jointly by the Department of Finance and the Legislative Analyst. The bill would require the estimate to be delivered to the Attorney General within 45 days of the date of receipt of the proposed initiative measure by the Attorney General instead of 25 working days from the receipt of the final version of the proposed initiative measure.

(2) Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election. Existing law requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. Existing law, including provisions of the Political Reform Act of 1974, requires the Secretary of State to make a copy of the ballot pamphlet available for public examination at least 20 days before the Secretary of State submits the copy to the State Printer.

This bill would impose specified requirements with respect to the ballot materials required to be prepared by the Attorney General. The bill would extend the number of days, from 20 to 25, that the Secretary of State is required to make the copy of the ballot pamphlet available for public examination.

(3) Existing law prohibits a petition for a proposed initiative or referendum measure from being circulated prior to the official summary date, and prohibits a petition with signatures on a proposed initiative measure from being filed with the county elections official later than 150 days from the official summary date.

This bill would extend the date that a petition with signatures on a proposed initiative measure is required to be filed with the county elections official to not later than 300 days from the official summary date.

(4) Existing law requires the Secretary of State to notify the proponents, and immediately transmit to the elections official or registrar of voters of every county or city and county in the state a certificate, when the Secretary of State has received from one or more elections officials or registrars a petition certified to have been signed by the requisite number of qualified voters.

This bill would instead require the Secretary of State to issue a notice of qualification. The bill would require the Secretary of State to issue a certificate identifying all of the measures for which he or she issued a notice of qualification for a given election, as specified.

(5) Under existing law, the Secretary of State is required to transmit copies of an initiative measure and its circulating title and summary to the Senate and the Assembly after the measure is certified to appear on the ballot for consideration by the voters. Existing law requires that each house of the Legislature assign the initiative measure to its appropriate committees, and that the committees hold joint public hearings on the subject of the proposed measure prior to the date of the election at which the measure is to be voted upon, as specified.

This bill would require the Secretary of State to transmit copies of the initiative measure and circulating title and summary to the Legislature after receiving a certification from the initiative proponents, signed under penalty of perjury, that they have collected 25% of the number of signatures needed to qualify the initiative measure for the ballot. The bill would require the appropriate committees of the Senate and Assembly to hold the joint public hearing on the subject of the measure not later than 131 days prior to the date of the election at which the measure is to be voted upon.

(6) Existing law requires the Secretary of State to disseminate the complete state ballot pamphlet over the Internet and to establish a process to enable a voter to opt out of receiving the state ballot pamphlet by mail. Existing law requires the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives, including making information available online as well as through other information processing technology.

This bill would require the Secretary of State to establish a process to enable a voter to receive the state ballot pamphlet in an electronic format instead of by mail. The bill would also require the Secretary of State to create an Internet Web site, or use other available technology, to consolidate information about each ballot measure in a manner that is easy for voters to access and understand. The Internet Web site would be required to include a summary of each ballot measure and to identify the donors and other sources of funding for the campaigns for and against each ballot measure.

(7) Existing law authorizes the proponents of a statewide initiative or referendum measure to withdraw the measure at any time before filing the petition with the appropriate elections official. Existing law also requires that state initiative petitions circulated for signature include a prescribed notice to the public.

This bill would authorize the proponents of a statewide initiative or referendum measure to have the measure withdrawn from the ballot at any time before the measure qualifies for the ballot. The bill would require a petition for a statewide initiative measure to contain additional prescribed language in its notice to the public describing the right of proponents to withdraw the measure from the ballot, as specified.

This bill would make it a crime, with a prescribed penalty, for a person to pay or offer to pay money or other valuable consideration to a proponent of a statewide initiative or referendum measure to obtain the withdrawal of the measure. The bill would also make it a crime for a proponent of a statewide initiative or referendum measure to solicit or accept such a payment or offer of payment. By establishing a new crime, this bill would impose a state-mandated local program.

(8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(9) The Political Reform Act of 1974, an initiative measure, provides that the Legislature may amend the act to further the act’s purposes upon a 2⁄3 vote of each house and compliance with specified procedural requirements.

This bill would declare that it furthers the purposes of the act.

Vote: ²⁄₃. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known and may be cited as the
Ballot Measure Transparency Act.

SEC. 2.  

The Legislature finds and declares all of the following:

(a) Initiative measures, also known as ballot measures or
propositions, allow California voters to participate directly in
lawmaking. California voters have enjoyed the right to enact laws
through the initiative process since 1911. However, many voters
find it difficult to understand the language of an initiative measure
and to learn who is behind an initiative measure.

(b) It is the intent of the Legislature in enacting this act to update
the initiative process, which is more than 100 years old, by doing
all of the following:

(1) Providing voters with more useful information so that they
are able to make an informed decision about an initiative measure.
Under this act, the Secretary of State would be required to give
voters one-stop access to a clear explanation of each measure and
information about the individuals and groups behind each measure.
This would give voters updated information about who is spending
large sums of money to support or oppose each initiative measure.
Voters would also be allowed to request an electronic copy of
ballot materials, thereby reducing the expenses of printing and
mailing.

(2) Providing a voter-friendly explanation of each initiative
measure. The act would require that ballot materials be drafted in
clear and impartial language.

(3) Identifying and correcting flaws in an initiative measure
before it appears on the ballot. Currently, proponents of an initiative
measure have few options to correct the language of an initiative
measure or to withdraw a petition for a proposed initiative measure,
even when flaws are identified. This act would give voters an
opportunity to comment on an initiative measure before the petition
is circulated for signatures. By extending the time for gathering
signatures, this act would give the Legislature the opportunity to
hold earlier public hearings to review initiative measures. This act
would also allow the proponents of an initiative measure to
withdraw the measure after the petition and signatures are
submitted to elections officials, but before the measure qualifies
for the ballot.

SEC. 3.  

Section 101 of the Elections Code is amended to read:

101.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, begin delete any end delete begin insert a end insert
state or local initiative petition required to be signed by voters
shall contain in 12-point type, begin delete prior to end delete begin insert before end insert that portion of the
petition for voters’ signatures, printed names, and residence
addresses, the following language:

begin insert end insert

“NOTICE TO THE PUBLIC

THIS PETITION MAY BE CIRCULATED BY A PAID
SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE
THE RIGHT TO ASK.”

begin insert end insert
begin insert

(b) A state initiative petition shall contain, in the same location
and type size described in subdivision (a), the following language:

end insert
begin insert end insert
begin insert

“THE PROPONENTS OF THIS PROPOSED INITIATIVE
MEASURE HAVE THE RIGHT TO WITHDRAW THIS PETITION
AT ANY TIME BEFORE THE MEASURE QUALIFIES FOR THE
BALLOT.”

end insert
begin insert end insert

SEC. 4.  

Section 303.5 of the Elections Code is amended to
read:

303.5.  

(a) “Ballot title” is the name of a statewide measure
included in the ballot label and the ballot title and summary.

(b) “Ballot title and summary” means the summary of the chief
purpose and points begin insert , end insert including the fiscal impact summary begin insert , end insert of any
measure that appears in the state ballot pamphlet. The ballot title
and summary shall include a statement of the measure’s fiscal
impact. begin delete This end delete begin insert The ballot title and end insert summary shall begin delete not exceed 100
words, end delete begin insert be not less than 25 words and not more than 150 words in
length, end insert not including the fiscal impact statement.

(c) (1) “Circulating title and summary” means the text that is
required to be placed on a petition for signatures that is either one
of the following:

(A) The summary of the chief purpose and points of a proposed
initiative measure that affects the Constitution or laws of the state,
and the fiscal impact of the proposed initiative measure.

(B) The summary of the chief purpose and points of a
referendum measure that affects a law or laws of the state.

(2) The circulating title and summary shall begin delete not exceed 100
words, end delete begin insert be not less than 25 words and not more than 150 words in
length, end insert not including the fiscal impact summary.

SEC. 5.  

Section 9002 of the Elections Code is amended to read:

begin delete

9002.  

(a) 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.

end delete

begin insert

begin insert 9002. end insert   

end insert begin insert

(a) Upon receipt of a request from the proponents of a
proposed initiative measure for a circulating title and summary,
the Attorney General shall initiate a public review process for a
period of 30 days by doing all of the following:

end insert begin insert

(1) Posting the text of the proposed initiative measure on the
Attorney General’s Internet Web site.

end insert begin insert

(2) Promoting public participation by inviting on the Attorney
General’s Internet Web site written public comments on the
proposed initiative measure. The site shall accept written public
comments for the duration of the public review period. Public
comments may address perceived errors in the drafting of, or
perceived unintended consequences of, the proposed initiative
measure. The Attorney General shall transmit any written public
comments received during the public review period to the
proponents of the proposed initiative measure.

end insert begin insert

(b) During the public review period, the proponents of the
proposed initiative measure may submit amendments to the
measure.

end insert begin delete

(b) The amendment must

end delete

begin insert (1) end insert begin insert   end insert begin insert An amendment shall end insert be submitted with a signed request by
all the proponents to prepare a circulating title and summary using
the amended language.

begin delete

(c) The

end delete

begin insert (2) end insert begin insert   end insert begin insert An end insert amendment begin delete must end delete begin insert shall end insert be submitted to the Attorney
General’s Initiative Coordinator located in the begin delete Sacramento end delete Attorney
General’s begin insert Sacramento end insert Office via begin delete U.S. end delete begin insert United States end insert Postal Service,
alternative mail service begin insert , end insert or personal delivery. Only printed
documents begin delete will end delete begin insert shall end insert be begin delete accepted, end delete begin insert accepted; end insert facsimile or e-mail
delivery begin delete will end delete begin insert shall end insert not be accepted.

begin insert

(3) The submission of an amendment shall not extend the period
to prepare the estimate required by Section 9005.

end insert begin insert

(4) An amendment shall not be accepted more than five days
after the public review period is concluded. However, a proponent
shall not be prohibited from proposing a new initiative measure
and requesting that a circulating title and summary be prepared
for that measure pursuant to Section 9001.

end insert

SEC. 6.  

Section 9004 of the Elections Code is amended to read:

9004.  

(a) Upon receipt of the text of a proposed initiative
measure, begin insert and after the public review period provided for in Section
9002, end insert 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 begin delete not exceed a total of 100
words end delete begin insert be not less than 25 words and not more than 150 words in
length end insert . 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 begin delete hereby made end delete 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
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 begin delete Joint Legislative Budget Committee end delete begin insert Legislative
Analyst end insert pursuant to Section 9005. The date the copy is delivered
or mailed to the proponents is the “official summary date.”

(c) 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.
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. 7.  

Section 9005 of the Elections Code is amended to read:

9005.  

(a) The Attorney General, in preparing a circulating title
and summary for a proposed initiative measure, shall, in boldface
print, include in the circulating title and summary either the
estimate of the amount of any increase or decrease in revenues or
costs to the state or local government, or an opinion as to whether
or not a substantial net change in state or local finances would
result if the proposed initiative is adopted.

(b) The estimate as required by this section shall be made jointly
by the Department of Finance and the begin delete Joint Legislative Budget
Committee end delete begin insert end insert begin insert Legislative Analyst end insert , who shall deliver the estimate to
the Attorney General so that he or she may include the estimate
in the circulating title and summary prepared by him or her.

(c) The estimate shall be delivered to the Attorney General
within begin delete 25 working end delete begin insert 45 end insert days begin delete from end delete begin insert of end insert the date of receipt begin delete of the final
version end delete of the proposed initiative measure begin delete from end delete begin insert by end insert the Attorney
General, unless, in the opinion of both the Department of Finance
and the begin delete Joint Legislative Budget Committee end delete begin insert end insert begin insert Legislative Analyst end insert ,
a reasonable estimate of the net impact of the proposed initiative
measure cannot be prepared within the begin delete 25-day end delete begin insert 45-day end insert period. In
the latter case, the Department of Finance and the begin delete Joint Legislative
Budget Committee end delete begin insert Legislative Analyst end insert shall, within the begin delete 25-day end delete
begin insert 45-day end insert period, give the Attorney General their opinion as to
whether or not a substantial net change in state or local finances
would result if the proposed initiative measure is adopted.

(d) A statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and
the begin delete Joint Legislative Budget Committee end delete begin insert end insert begin insert Legislative Analyst end insert in the
preparation of the fiscal estimate or the opinion.

SEC. 8.  

Section 9014 of the Elections Code is amended to read:

9014.  

A petition for a proposed initiative measure or
referendum shall not be circulated for signatures begin delete prior to end delete begin insert before end insert
the official summary date. A petition with signatures on a proposed
initiative measure shall be filed with the county elections official
not later than begin delete 150 end delete begin insert 300 end insert days from the official summary date, and
begin delete no end delete begin insert a end insert county elections official shall begin insert not end insert accept a petition begin delete on end delete begin insert for end insert the
proposed initiative measure after that period. A petition for a
proposed referendum measure shall be filed with the county
elections officials not later than 90 days from the date the
legislative bill was chaptered by the Secretary of State, and a
county elections official shall not accept a petition for the proposed
referendum after that period.

SEC. 9.  

Section 9033 of the Elections Code is amended to read:

9033.  

begin insert (a) end insert begin insert   end insert When the Secretary of State has received from one
or more elections officials or registrars a petition, certified as herein
provided to have been signed by the requisite number of qualified
voters, the Secretary of State shall forthwith notify the proponents
and immediately transmit to the elections official or registrar of
voters of every county or city and county in the state begin delete , end delete a begin delete certificate end delete
begin insert notice of qualification end insert showing this fact so that signature
verification can be terminated. A petition shall be deemed to be
filed with the Secretary of State upon the date of the receipt by the
Secretary of State of a certificate or certificates showing the petition
to be signed by the requisite number of voters of the state. Any
elections official shall, upon receipt of the copy, file the notification
for record in that office.

begin insert

(b) On the 131st day before an election at which an initiative
measure is to be voted upon, the Secretary of State shall issue a
certificate identifying each initiative measure for which he or she
issued a notice of qualification, as required by subdivision (a), on
or before that date.

end insert

SEC. 10.  

Section 9034 of the Elections Code is amended to
read:

9034.  

begin insert

(a) The proponents of a proposed initiative measure
shall submit a certification, signed under penalty of perjury, to
the Secretary of State immediately upon the collection of 25 percent
of the number of signatures needed to qualify the initiative measure
for the ballot.

end insert

begin insert (b) end insert begin insert   end insert Upon the begin insert receipt of the end insert certification begin delete of an initiative measure
for the ballot, end delete begin insert required by subdivision (a), end insert the Secretary of State
shall transmit copies of the initiative measure, together with the
circulating title and summary as prepared by the Attorney General
pursuant to Section 9004, to the Senate and the Assembly. Each
house shall assign the initiative measure to its appropriate
committees. The appropriate committees shall hold joint public
hearings on the subject of begin delete such end delete begin insert the end insert measure begin delete prior to end delete begin insert not later than
131 days before end insert the date of the election at which the measure is
to be voted upon. begin delete However, no hearing may be held within 30 days
prior to the date of the election. end delete

begin delete

Nothing in this

end delete

begin insert (c) end insert begin insert   end insert begin insert This end insert section shall begin insert not end insert be construed as authority for the
Legislature to alter the initiative measure or prevent it from
appearing on the ballot.

SEC. 11.  

Section 9051 of the Elections Code is amended to
read:

9051.  

(a) (1) The ballot title and summary may differ from
the legislative, circulating, or other title and summary of the
measure and shall begin delete not exceed 100 end delete begin insert be not less than 25 words and
not more than 150 end insert words begin insert in length end insert , not including the fiscal impact
begin insert statement end insert .

(2) The ballot title and summary shall begin delete be amended to end delete include a
summary of the Legislative Analyst’s estimate of the net state and
local government fiscal impact prepared pursuant to Section begin delete 9087, end delete
begin insert 9087 of this code end insert and Section 88003 of the Government Code.

(b) The ballot label shall begin insert not end insert contain begin delete no end delete more than 75 words
and shall be a condensed version of the ballot title and summary
including the financial impact summary prepared pursuant to
Section 9087 begin insert of this code end insert and Section 88003 of the Government
Code.

(c) In providing the ballot title and summary, the Attorney
General shall give a true and impartial statement of the purpose
of the measure in such language that the ballot title and summary
shall neither be an argument, nor be likely to create prejudice, for
or against the proposed measure. begin insert The ballot title and summary
shall also satisfy all of the following: end insert

begin insert

(1) Be written in clear and concise terms, understandable to
the average voter, and in an objective and nonpartisan manner,
avoiding the use of technical terms whenever possible.

end insert begin insert

(2) If the measure imposes or increases a tax or fee, the type
and amount of the tax or fee shall be described.

end insert begin insert

(3) If the measure repeals existing law in any substantial
manner, that fact shall be included.

end insert begin insert

(4) If the measure is contingent on the passage or defeat of
another measure or statute, that fact shall be included.

end insert begin insert

(d) The Legislature shall provide the Attorney General with
sufficient funding for administrative and other support relating to
preparation of the ballot title and summary for initiative measures,
including, but not limited to, plain-language specialists.

end insert begin insert

(e) The Attorney General shall invite and consider public
comment in preparing each ballot title and summary.

end insert

SEC. 12.  

Section 9082.7 of the Elections Code is amended to
read:

9082.7.  

begin insert (a) end insert begin insert   end insert The Secretary of State shall begin delete disseminate end delete begin insert make
available end insert the complete state ballot pamphlet over the Internet.

begin insert

(b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about
each ballot measure in a manner that is easy for voters to access
and understand. The information shall include all of the following:

end insert begin insert

(1) A summary of the ballot measure’s content.

end insert begin insert

(2) The sources of funding for each committee formed or existing
primarily to support or oppose the ballot measure, as described
in Section 82047.5 of the Government Code.

end insert begin insert

(3) A statement identifying the 10 donors who have contributed
the largest amounts to campaigns for and against a ballot measure.
The statement shall be updated as new information becomes
available to the public pursuant to the Political Reform Act of
1974 (Title 9 (commencing with Section 81000) of the Government
Code).

end insert begin insert

(4) Any other Internet Web site hyperlinks to other relevant
information.

end insert

SEC. 13.  

Section 9092 of the Elections Code is amended to
read:

9092.  

Not less than begin delete 20 end delete begin insert 25 end insert days before he or she submits the
copy for the ballot pamphlet to the State Printer, the Secretary of
State shall make the copy available for public examination. Any
elector may seek a writ of mandate requiring any copy to be
amended or deleted from the ballot pamphlet. A peremptory writ
of mandate shall issue only upon clear and convincing proof that
the copy in question is false, misleading, or inconsistent with the
requirements of this code or Chapter 8 (commencing with Section
88000) of Title 9 of the Government Code, and that issuance of
the writ will not substantially interfere with the printing and
distribution of the ballot pamphlet as required by law. Venue for
a proceeding under this section shall be exclusively in Sacramento
County. The Secretary of State shall be named as the respondent
and the State Printer and the person or official who authored the
copy in question shall be named as real parties in interest. If the
proceeding is initiated by the Secretary of State, the State Printer
shall be named as the respondent.

SEC. 14.  

Section 9094.5 of the Elections Code is amended to
read:

9094.5.  

(a) The Secretary of State shall establish a process to
enable a voter to opt out of receiving by mail the state ballot
pamphlet prepared pursuant to Section 9081 begin insert and to instead receive
the state ballot pamphlet in an electronic format end insert . This process
shall become effective only after the Secretary of State certifies
that the state has a statewide voter registration database that
complies with the federal Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.).

(b) The process described in subdivision (a) shall not apply
where two or more registered voters have the same postal address
unless each voter who shares the same postal address has chosen
to discontinue receiving the ballot pamphlet by mail.

(c) The Secretary of State shall also establish a procedure to
permit a voter to begin receiving the ballot pamphlet by mail again
after the voter has discontinued receiving it pursuant to subdivision
(a).

SEC. 15.  

Section 9604 of the Elections Code is amended to
read:

9604.  

(a) Notwithstanding any other begin delete provision of end delete law, any
person may engage in good faith bargaining between competing
interests to secure legislative approval of matters embraced in a
statewide or local initiative or referendum measure, and the
proponents may, as a result of these negotiations, withdraw the
measure at any time before filing the petition with the appropriate
elections official.

begin insert

(b) In addition to the procedure under subdivision (a), the
proponents of a statewide initiative or referendum measure may
withdraw the measure after filing the petition with the appropriate
elections official at any time before the measure qualifies for the
ballot.

end insert begin delete

(b)

end delete

begin insert (c) end insert  Withdrawal of a statewide initiative or referendum measure
shall be effective upon receipt by the Secretary of State of a written
notice of withdrawal, signed by all proponents of the measure.

begin delete

(c)

end delete

begin insert (d) end insert  Withdrawal of a local initiative or referendum measure shall
be effective upon receipt by the appropriate local elections official
of a written notice of withdrawal, signed by all proponents of the
measure.

begin insert

(e) The proponents of a statewide initiative or referendum
measure shall not solicit or accept, and a person shall not offer
or pay, any money or other valuable consideration to obtain the
withdrawal of a statewide initiative or referendum measure from
the ballot. A violation of this subdivision shall be subject to the
same penalty as provided for in Section 18660.

end insert

SEC. 16.  

Section 88006 of the Government Code is amended
to read:

88006.  

Not less than begin delete 20 end delete begin insert 25 end insert days before he or she submits the
copy for the ballot pamphlet to the State Printer, the Secretary of
State shall make the copy available for public examination. Any
elector may seek a writ of mandate requiring the copy to be
amended or deleted from the ballot pamphlet. A peremptory writ
of mandate shall issue only upon clear and convincing proof that
the copy in question is false, misleading or inconsistent with the
requirements of this chapter or the Elections Code, and that
issuance of the writ will not substantially interfere with the printing
and distribution of the ballot pamphlet as required by law. Venue
for a proceeding under this section shall be exclusively in
Sacramento County. The Secretary of State shall be named as the
respondent and the State Printer and the person or official who
authored the copy in question shall be named as real parties in
interest. If the proceeding is initiated by the Secretary of State, the
State Printer shall be named as the respondent.

SEC. 17.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

SEC. 18.  

The Legislature finds and declares that this bill
furthers the purposes of the Political Reform Act of 1974 within
the meaning of subdivision (a) of Section 81012 of the Government
Code.