Amended in Senate May 27, 2014

Amended in Senate April 9, 2014

Senate Bill No. 1253

Introduced by Senator Steinberg

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(Coauthors: Senators Leno and Lieu)

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(Coauthor: Assembly Member Quirk-Silva)

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February 20, 2014

An act to amend Sections 101, 303.5, 9002, 9004, 9005, 9014, 9033, 9034, 9051, 9082.7, 9094.5, begin delete and end delete 9604 begin insert , and 18621 end insert of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

SB 1253, as amended, 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.

This bill would impose specified requirements with respect to the ballot materials required to be prepared by the Attorney General.

(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 180 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 begin delete a process end delete begin insert processes end insert 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.

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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.

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(8) Existing law makes certain activities relating to the circulation of an initiative, referendum, or recall petition a criminal offense.

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The bill would make it a crime for a proponent of a statewide initiative measure to seek, solicit, bargain for, or obtain any money or thing of value of or from any person, firm, or corporation for the purpose of withdrawing an initiative petition after filing it with the appropriate elections official. By establishing a new crime, this bill would impose a state-mandated local program.

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(8)

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begin insert (9) end insert   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.

Vote: majority. 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 Initiative 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.  

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

“NOTICE TO THE PUBLIC

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

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

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

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, including the fiscal impact summary, 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. The ballot title and summary shall be not less than 25
words and not more than 150 words in length, 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 be not less than 25
words and not more than 150 words in length, not including the
fiscal impact summary.

SEC. 5.  

Section 9002 of the Elections Code is amended to read:

9002.  

(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:

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

(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.

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

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

(2) An amendment shall be submitted to the Attorney General’s
Initiative Coordinator located in the Attorney General’s Sacramento
Office via United States Postal Service, alternative mail service,
or personal delivery. Only printed documents shall be accepted;
facsimile or email delivery shall not be accepted.

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

(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.

SEC. 6.  

Section 9004 of the Elections Code is amended to read:

9004.  

(a) Upon receipt of the text of a proposed initiative
measure, and after the public review period provided for in Section
9002, 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 be not less than 25 words
and not more than 150 words in length. 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 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 Legislative Analyst 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 Legislative Analyst, 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 45 days of the date of receipt of the proposed initiative
measure by the Attorney General, unless, in the opinion of both
the Department of Finance and the Legislative Analyst, a
reasonable estimate of the net impact of the proposed initiative
measure cannot be prepared within the 45-day period. In the latter
case, the Department of Finance and the Legislative Analyst shall,
within the 45-day 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 Legislative Analyst 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 before the official
summary date. A petition with signatures on a proposed initiative
measure shall be filed with the county elections official not later
than 180 days from the official summary date, and a county
elections official shall not accept a petition for 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.  

(a) 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 a notice of
qualification 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.

(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.

SEC. 10.  

Section 9034 of the Elections Code is amended to
read:

9034.  

(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.

(b) Upon the receipt of the certification required by subdivision
(a), 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 the measure not
later than 131 days before the date of the election at which the
measure is to be voted upon.

(c) This section shall not 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 be not less than 25 words and not more than
150 words in length, not including the fiscal impact statement.

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

(b) The ballot label shall not contain 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 of this code 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. The ballot title and summary
shall also satisfy all of the following:

(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.

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

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

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

(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.

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

SEC. 12.  

Section 9082.7 of the Elections Code is amended to
read:

9082.7.  

(a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet.

(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:

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

(2)  begin delete The sources of funding for end delete begin insert (A) end insert begin insert   end insert begin insert A list of end insert each committee
begin insert primarily end insert formed begin delete or existing primarily end delete to support or oppose the
ballot measure, as described in Section 82047.5 of the Government
Code begin insert , end insert begin insert and a means to access information about the sources of
contributions reported for each committee end insert .

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(3) A statement identifying the 10 donors who have contributed
the largest amounts to campaigns for and against a ballot measure.
The statement

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begin insert (B) end insert begin insert   end insert begin insert Information about the sources of contributions end insert 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).

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(C) (i) If a committee identified in subparagraph (A) receives
at least one million dollars ($1,000,000) in contributions for an
election, the Secretary of State shall also list the committee’s top
10 contributors reported to the Fair Political Practices
Commission pursuant to Section 84223 of the Government Code.

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(ii) Notwithstanding paragraph (1) of subdivision (C) of Section
84223 of the Government Code, the Fair Political Practices
Commission shall automatically provide the list of top 10
contributors, and any subsequent updates to that list, to the
Secretary of State for purposes of compliance with this section.

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(4)

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begin insert (3) end insert  Any other Internet Web site hyperlinks to other relevant
information.

SEC. 13.  

Section 9094.5 of the Elections Code is amended to
read:

9094.5.  

(a) The Secretary of State shall establish begin delete a process end delete begin insert end insert
begin insert processes end insert to enable a voter to opt out of receiving by mail the state
ballot pamphlet prepared pursuant to Section 9081 and to instead
receive begin insert either end insert the state ballot pamphlet in an electronic format begin insert or
an electronic notification making the pamphlet available by means
of online access end insert . begin delete This process end delete begin insert These processes end insert 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 begin delete process end delete begin insert processes end insert 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. 14.  

Section 9604 of the Elections Code is amended to
read:

9604.  

(a) Notwithstanding any other 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.

(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 begin insert the Secretary of State certifies
that end insert the measure begin delete qualifies end delete begin insert has qualified end insert for the ballot.

(c) 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.

(d) 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.

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(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 delete

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begin insert SEC. 15. end insert   

end insert

begin insert Section 18621 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

18621.  

Any proponent of an initiative or referendum measure
or recall petition who seeks, solicits, bargains for, or obtains any
money or thing of value of or from any person, firm, or corporation
for the purpose of abandoning the same or stopping the circulation
of petitions concerning the same, or failing or neglecting or
refusing to file the measure or petition in the office of the elections
official or other officer designated by law within the time required
by law after obtaining the number of signatures required under the
law to qualify the measure or petition, begin insert or withdrawing an initiative
petition after filing it with the appropriate elections official, end insert or
performing any act that will prevent or aid in preventing the
initiative, referendum begin insert , end insert or recall proposed from qualifying as an
initiative or referendum measure, or resulting in a recall election
is punishable by a fine not exceeding five thousand dollars ($5,000)
or by imprisonment pursuant to subdivision (h) of Section 1170
of the Penal Code for 16 months or two or three years, or in a
county jail not exceeding one year, or by both that fine and
imprisonment.

begin delete SEC. 15. end delete
begin insert SEC. 16. end insert   

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.