Amended in Assembly June 17, 2014

Amended in Senate May 27, 2014

Amended in Senate April 9, 2014

Senate BillNo. 1253


Introduced by Senator Steinberg

(Coauthors: Senators begin insertBerryhill, Cannella, Galgiani, Huff, end insertLenobegin delete andend deletebegin insert,end insert Lieubegin insert, Wolk, and Wylandend insert)

(Coauthor: Assembly Member Quirk-Silva)

February 20, 2014


An act to amend Sectionsbegin insert 9,end insert 101,begin delete 303.5,end delete 9002, 9004, 9005, 9014,begin insert 9030, 9031,end insert 9033, 9034, 9051, 9082.7,begin insert 9092,end insert 9094.5, 9604, and 18621 of the Elections Code,begin insert and to amend Section 88006 of the Government Code,end insert 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 withinbegin delete 45end deletebegin insert 50end insert 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.begin insert 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.end insert

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

(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 noticebegin delete of qualificationend deletebegin insert directing that signature verification be terminatedend insert. The bill would require the Secretary of State tobegin delete issue a certificate identifying all of the measures for which he or she issued a notice of qualification for a given election, as specifiedend deletebegin insert identify the date of the next statewide election and, on the 131st day prior to that election, to issue a certificate of qualification certifying that the initiative measure is qualified for the ballot at that election. The bill would provide that, upon the issuance of that certification, the initiative measure would be deemed qualified for the ballot for purposes of specified provisions of the California Constitutionend insert.

(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 processes 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.

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

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.

(9) 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.

begin insert

(10) 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 23 vote of each house and compliance with specified procedural requirements.

end insert
begin insert

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

end insert

Vote: begin deletemajority end deletebegin insert23end insert. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P4    1

SECTION 1.  

This act shall be known and may be cited as the
2Ballot Initiative Transparency Act.

P5    1

SEC. 2.  

The Legislature finds and declares all of the following:

2(a) Initiative measures, also known as ballot measures or
3propositions, allow California voters to participate directly in
4lawmaking. California voters have enjoyed the right to enact laws
5through the initiative process since 1911. However, many voters
6find it difficult to understand the language of an initiative measure
7and to learn who is behind an initiative measure.

8(b) It is the intent of the Legislature in enacting this act to update
9the initiative process, which is more than 100 years old, by doing
10all of the following:

11(1) Providing voters with more useful information so that they
12are able to make an informed decision about an initiative measure.
13Under this act, the Secretary of State would be required to give
14voters one-stop access to a clear explanation of each measure and
15information about the individuals and groups behind each measure.
16This would give voters updated information about who is spending
17large sums of money to support or oppose each initiative measure.
18Voters would also be allowed to request an electronic copy of
19ballot materials, thereby reducing the expenses of printing and
20mailing.

21(2) Providing a voter-friendly explanation of each initiative
22measure. The act would require that ballot materials be drafted in
23clear and impartial language.

24(3) Identifying and correcting flaws in an initiative measure
25before it appears on the ballot. Currently, proponents of an initiative
26measure have few options to correct the language of an initiative
27measure or to withdraw a petition for a proposed initiative measure,
28even when flaws are identified. This act would give voters an
29opportunity to comment on an initiative measure before the petition
30is circulated for signatures.begin insert Public comment may address perceived
31errors in the drafting of, or perceived unintended consequences
32of, the proposed initiative measure.end insert
By extending the time for
33gathering signatures, this act would give the Legislature the
34opportunity to hold earlier public hearings to review initiative
35measures. This act would also allow the proponents of an initiative
36measure to withdraw the measure after the petition and signatures
37are submitted to elections officials, but before the measure qualifies
38for the ballot.

39begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 9 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

P6    1

9.  

(a) Counting of words, for purposes of this code, shall be
2as follows:

3(1) Punctuation is not counted.

4(2) Each word shall be counted as one word except as specified
5in this section.

6(3) Allbegin insert proper nouns, includingend insert geographical namesbegin insert,end insert shall be
7considered as one word; for example, “City and County of San
8Francisco” shall be counted as one word.

9(4) Each abbreviation for a word, phrase, or expression shall be
10counted as one word.

11(5) Hyphenated words that appear in any generally available
12standard reference dictionary, published in the United States at
13any time within the 10 calendar years immediately preceding the
14election for which the words are counted, shall be considered as
15one word. Each part of all other hyphenated words shall be counted
16as a separate word.

17(6) Datesbegin delete consisting of a combination of words and digits shall
18be counted as two words. Dates consisting only of a combination
19of digitsend delete
shall be counted as one word.

20(7) Any number consisting of a digit or digits shall be considered
21as one word. Any number which is spelled, such as “one,” shall
22be considered as a separate word or words. “One” shall be counted
23as one word whereas “one hundred” shall be counted as two words.
24“100” shall be counted as one word.

25(8) Telephone numbers shall be counted as one word.

26(9) Internetbegin delete webend deletebegin insert Webend insert site addresses shall be counted as one
27word.

28(b) This section shall not apply to counting words for ballot
29designations under Section 13107.

30

begin deleteSEC. 3.end delete
31begin insertSEC. 4.end insert  

Section 101 of the Elections Code is amended to read:

32

101.  

(a) Notwithstanding any other law, a state or local
33initiative petition required to be signed by voters shall contain in
3412-point type, before that portion of the petition for voters’
35signatures, printed names, and residence addresses, the following
36language:


38“NOTICE TO THE PUBLIC

39

P7    1THIS PETITION MAY BE CIRCULATED BY A PAID
2SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE
3THE RIGHT TO ASK.”
4


5(b) A state initiative petition shall contain, in the same location
6and type size described in subdivision (a), the following language:


8“THE PROPONENTS OF THIS PROPOSED INITIATIVE
9MEASURE HAVE THE RIGHT TO WITHDRAW THIS
10PETITION AT ANY TIME BEFORE THE MEASURE
11QUALIFIES FOR THE BALLOT.”


begin delete
13

SEC. 4.  

Section 303.5 of the Elections Code is amended to
14read:

15

303.5.  

(a) “Ballot title” is the name of a statewide measure
16included in the ballot label and the ballot title and summary.

17(b) “Ballot title and summary” means the summary of the chief
18purpose and points, including the fiscal impact summary, of any
19measure that appears in the state ballot pamphlet. The ballot title
20and summary shall include a statement of the measure’s fiscal
21impact. The ballot title and summary shall be not less than 25
22words and not more than 150 words in length, not including the
23fiscal impact statement.

24(c) (1) “Circulating title and summary” means the text that is
25required to be placed on a petition for signatures that is either one
26of the following:

27(A) The summary of the chief purpose and points of a proposed
28initiative measure that affects the Constitution or laws of the state,
29and the fiscal impact of the proposed initiative measure.

30(B) The summary of the chief purpose and points of a
31referendum measure that affects a law or laws of the state.

32(2) The circulating title and summary shall be not less than 25
33words and not more than 150 words in length, not including the
34fiscal impact summary.

end delete
35

SEC. 5.  

Section 9002 of the Elections Code is amended to read:

36

9002.  

(a) Upon receipt of a request from the proponents of a
37proposed initiative measure for a circulating title and summary,
38the Attorney General shall initiate a public review process for a
39period of 30 days by doing all of the following:

P8    1(1) Posting the text of the proposed initiative measure on the
2Attorney General’s Internet Web site.

3(2) begin deletePromoting public participation by inviting on the Attorney
4General’s Internet Web site end delete
begin insertInviting, and providing for the
5submission of, end insert
written public comments on the proposed initiative
6measurebegin insert on the Attorney General’s Internet Web siteend insert. The site shall
7accept written public comments for the duration of the public
8review period. begin delete Public comments may address perceived errors in
9the drafting of, or perceived unintended consequences of, the
10proposed initiative measure.end delete
begin insert The written public comments shall
11be public records, available for inspection upon request pursuant
12to Chapter 3.5 (commencing with Section 6250) of Division 7 of
13Title 1 of the Government Code, but shall not be displayed to the
14public on the Attorney General’s Internet Web site during the
15public review period.end insert
The Attorney General shall transmit any
16written public comments received during the public review period
17to the proponents of the proposed initiative measure.

18(b) During the public review period, the proponents of the
19proposed initiative measure may submit amendments to the
20measure.

21(1) An amendment shall be submitted with a signed request by
22all the proponents to prepare a circulating title and summary using
23the amended language.

24(2) An amendment shall be submitted to the Attorney General’s
25Initiative Coordinator located in the Attorney General’s Sacramento
26Office via United States Postal Service, alternative mail service,
27or personal delivery. Only printed documents shall be accepted;
28facsimile or email delivery shall not be accepted.

29(3) The submission of an amendment shall not extend the period
30to prepare the estimate required by Section 9005.

31(4) An amendment shall not be accepted more than five days
32after the public review period is concluded. However, a proponent
33shall not be prohibited from proposing a new initiative measure
34and requesting that a circulating title and summary be prepared
35for that measure pursuant to Section 9001.

36

SEC. 6.  

Section 9004 of the Elections Code is amended to read:

37

9004.  

(a) Upon receipt of the text of a proposed initiative
38measure, and after the public review period provided for in Section
399002, the Attorney General shall prepare a circulating title and
40summary of the chief purposes and points of the proposed measure.
P9    1The circulating title and summary shallbegin delete be not less than 25 words
2and not more than 150 words in lengthend delete
begin insert not exceed 100 wordsend insert. The
3Attorney General shall also provide a unique numeric identifier
4for each proposed initiative measure. The circulating title and
5summary shall be prepared in the manner provided for the
6preparation of ballot titles and summaries in Article 5 (commencing
7with Section 9050), the provisions of which, in regard to the
8preparation, filing, and settlement of ballot titles and summaries,
9are applicable to the circulating title and summary.

10(b) The Attorney General shall provide a copy of the circulating
11title and summary and its unique numeric identifier to the
12proponents and to the Secretary of State within 15 days after receipt
13of the fiscal estimate or opinion prepared by the Department of
14Finance and the Legislative Analyst pursuant to Section 9005. The
15date the copy is delivered or mailed to the proponents is the
16“official summary date.”

17(c) Upon receipt of the circulating title and summary from the
18Attorney General, the Secretary of State shall, within one business
19day, notify the proponents and county elections official of each
20county of the official summary date and provide a copy of the
21circulating title and summary to each county elections official.
22This notification shall also include a complete schedule showing
23the maximum filing deadline, and the certification deadline by the
24counties to the Secretary of State.

25

SEC. 7.  

Section 9005 of the Elections Code is amended to read:

26

9005.  

(a) The Attorney General, in preparing a circulating title
27and summary for a proposed initiative measure, shall, in boldface
28print, include in the circulating title and summary either the
29estimate of the amount of any increase or decrease in revenues or
30costs to the state or local government, or an opinion as to whether
31or not a substantial net change in state or local finances would
32result if the proposed initiative is adopted.

33(b) The estimate as required by this section shall be made jointly
34by the Department of Finance and the Legislative Analyst, who
35shall deliver the estimate to the Attorney General so that he or she
36may include the estimate in the circulating title and summary
37prepared by him or her.

38(c) The estimate shall be delivered to the Attorney General
39withinbegin delete 45end deletebegin insert 50end insert days of the date of receipt of the proposed initiative
40measure by the Attorney General, unless, in the opinion of both
P10   1the Department of Finance and the Legislative Analyst, a
2reasonable estimate of the net impact of the proposed initiative
3measure cannot be prepared within thebegin delete 45-dayend deletebegin insert 50-dayend insert period. In
4the latter case, the Department of Finance and the Legislative
5Analyst shall, within thebegin delete 45-dayend deletebegin insert 50-dayend insert period, give the Attorney
6General their opinion as to whether or not a substantial net change
7in state or local finances would result if the proposed initiative
8measure is adopted.

9(d) A statement of fiscal impact prepared by the Legislative
10Analyst pursuant to subdivision (b) of Section 12172 of the
11Government Code may be used by the Department of Finance and
12the Legislative Analyst in the preparation of the fiscal estimate or
13the opinion.

14

SEC. 8.  

Section 9014 of the Elections Code is amended to read:

15

9014.  

A petition for a proposed initiative measure or
16referendum shall not be circulated for signatures before the official
17summary date. A petition with signatures on a proposed initiative
18measure shall be filed with the county elections official not later
19than 180 days from the official summary date, and a county
20elections official shall not accept a petition for the proposed
21initiative measure after that period. A petition for a proposed
22referendum measure shall be filed with the county elections
23officials not later than 90 days from the date the legislative bill
24was chaptered by the Secretary of State, and a county elections
25official shall not accept a petition for the proposed referendum
26after that period.

27begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 9030 of the end insertbegin insertElections Codeend insertbegin insert is amended to read:end insert

28

9030.  

(a) Each section of the petition shall be filed with the
29elections official of the county or city and county in which it was
30circulated, but all sections circulated in any county or city and
31county shall be filed at the same time. Once filed, no petition
32section shall be amended except by order of a court of competent
33jurisdiction.

34(b) Within eight days after the filing of the petition, excluding
35Saturdays, Sundays, and holidays, the elections official shall
36determine the total number of signatures affixed to the petition
37and shall transmit this information to the Secretary of State. If the
38total number of signatures filed with all elections officials is less
39than 100 percent of the number of qualified voters required to find
40 the petition sufficient, the Secretary of State shall so notify the
P11   1proponents and the elections officials, and no further action shall
2be taken with regard to the petition.

3(c) If the number of signatures filed with all elections officials
4is 100 percent or more of the number of qualified voters needed
5to declare the petition sufficient, the Secretary of State shall
6immediately so notify the elections officials.

7(d) Within 30 days after this notification, excluding Saturdays,
8Sundays, and holidays, the elections official shall determine the
9number of qualified voters who have signed the petition. If more
10than 500 names have been signed on sections of the petition filed
11with an elections official, the elections official shall use a random
12sampling technique for verification of signatures, as determined
13by the Secretary of State. The random sample of signatures to be
14verified shall be drawn in such a manner that every signature filed
15with the elections official shall be given an equal opportunity to
16be included in the sample. The random sampling shall include an
17examination of at least 500 or 3 percent of the signatures,
18whichever is greater. In determining from the records of registration
19what number of qualified voters have signed the petition, the
20elections official may use the duplicate file of affidavits of
21registered voters or the facsimiles of voters’ signatures, provided
22that the method of preparing and displaying the facsimiles complies
23with law.

24(e) The elections official, upon the completion of the
25examination, shall immediately attach to the petition, except the
26signatures thereto appended, a properly dated certificate, showing
27the result of the examination, and shall immediately transmit the
28petition and the certificate to the Secretary of State. A copy of this
29certificate shall be filed in the elections official’s office.

30(f) If the certificates received from all elections officials by the
31Secretary of State establish that the number of valid signatures
32does not equal 95 percent of the number of qualified voters needed
33to find the petition sufficient, the petition shall be deemed to have
34failed to qualify, and the Secretary of State shall immediately so
35notify the proponents and the elections officials.

36(g) If the certificates received from all elections officials by the
37Secretary of State total more than 110 percent of the number of
38qualified voters needed to find the petition sufficient, thebegin delete petition
39shall be deemed to qualify as of the date of receipt by the Secretary
40of State of certificates showing the petition to have reached the
P12   1110 percent, and the Secretary of State shall immediately so notify
2the proponents and the elections officialsend delete
begin insert Secretary of State shall
3certify that the measure is qualified for the ballot as provided in
4Section 9033end insert
.

5begin insert

begin insertSEC. 10.end insert  

end insert

begin insertSection 9031 of the end insertbegin insertElections Codeend insertbegin insert is amended to
6read:end insert

7

9031.  

(a) If the statistical sampling shows that the number of
8valid signatures is within 95 to 110 percent of the number of
9signatures of qualified voters needed to declare the petition
10sufficient, the Secretary of State shall order the examination and
11verification of each signature filed, and shall so notify the elections
12officials.

13(b) Within 30 days, excluding Saturdays, Sundays, and holidays,
14after receipt of the order, the elections official or registrar of voters
15shall determine from the records of registration what number of
16qualified voters have signed the petition and if necessary the board
17of supervisors shall allow the elections official or registrar
18additional assistance for the purpose of examining the petition and
19 provide for their compensation. In determining from the records
20of registration what number of qualified voters have signed the
21petition, the elections official or registrar of voters may use any
22file or list of registered voters maintained by his or her office, or
23the facsimiles of voters’ signatures, provided that the method of
24preparing and displaying the facsimiles complies with law.

25(c) The elections official or registrar, upon the completion of
26the examination, shall immediately attach to the petition, except
27the signatures thereto appended, an amended certificate properly
28dated, showing the result of the examination and shall immediately
29transmit the petition, together with the amended certificate, to the
30Secretary of State. A copy of the amended certificate shall be filed
31in the elections official’s office.

32(d) begin insert(1)end insertbegin insertend insert If the amended certificates establish the petition’s
33sufficiency, thebegin delete petition shall be deemed to be filed as of the date
34of receipt by the Secretary of State of certificates showing the
35petition to be signed by the requisite number of voters of the stateend delete
begin insert end insert
36begin insertSecretary of State shall certify that the measure is qualified for
37the ballot as provided in Section 9033end insert
.

38begin insert(2)end insertbegin insertend insert If the amended certificates received from all elections
39officials by the Secretary of State establish that the petition has
P13   1still been found insufficient, the Secretary of State shall
2immediately so notify the proponents and the elections officials.

3

begin deleteSEC. 9.end delete
4begin insertSEC. 11.end insert  

Section 9033 of the Elections Code is amended to
5read:

6

9033.  

(a) When the Secretary of State has received from one
7or more elections officials or registrars a petition, certifiedbegin delete as herein
8providedend delete
to have been signed by the requisite number of qualified
9voters, the Secretary of State shall forthwith notify the proponents
10and immediately transmit to the elections official or registrar of
11voters of every county or city and county in the state a noticebegin delete of
12qualification showing this fact soend delete
begin insert directingend insert that signature
13verificationbegin delete canend delete be terminated. begin delete A petition shall be deemed to be
14filed with the Secretary of State upon the date of the receipt by the
15Secretary of State of a certificate or certificates showing the petition
16to be signed by the requisite number of voters of the state. Any
17elections official shall, upon receipt of the copy, file the notification
18for record in that office.end delete

begin delete

19(b) On the 131st day before an election at which an initiative
20measure is to be voted upon, the Secretary of State shall issue a
21certificate identifying each initiative measure for which he or she
22issued a notice of qualification, as required by subdivision (a), on
23or before that date.

end delete
begin insert

24(b) (1) In the case of an initiative measure, the Secretary of
25State shall identify the date of the next statewide general election
26as defined in subdivision (a) of Section 9016, or the next special
27statewide election, that will occur not less than 131 days after the
28date the Secretary of State receives a petition certified to have
29been signed by the requisite number of qualified voters.

end insert
begin insert

30(2) On the 131st day prior to the date of the election identified
31pursuant to paragraph (1), the Secretary of State shall do all of
32the following:

end insert
begin insert

33(A) Issue a certificate of qualification certifying that the
34initiative measure, as of that date, is qualified for the ballot at the
35election identified pursuant to paragraph (1).

end insert
begin insert

36(B) Notify the proponents of the initiative measure and the
37elections official of each county that the measure, as of that date,
38is qualified for the ballot at the election identified pursuant to
39paragraph (1).

end insert
begin insert

P14   1(C) Include the initiative measure in a list of all statewide
2initiative measures that are eligible to be placed on the ballot at
3the election identified pursuant to paragraph (1) and publish the
4list on the Secretary of State’s Internet Web site.

end insert
begin insert

5(3) Upon the issuance of a certificate of qualification pursuant
6to paragraph (2), an initiative measure shall be deemed qualified
7for the ballot for purposes of subdivision (c) of Section 8 of Article
8II of the California Constitution.

end insert
begin insert

9(c) (1) In the case of a referendum measure, upon receipt of a
10petition certified to have been signed by the requisite number of
11qualified voters, the Secretary of State shall do all of the following:

end insert
begin insert

12(A) Issue a certificate of qualification certifying that the
13referendum measure, as of that date, is qualified for the ballot.

end insert
begin insert

14(B) Notify the proponents of the referendum measure and the
15elections official of each county that the measure, as of that date,
16is qualified for the ballot.

end insert
begin insert

17(C) Include the referendum measure in a list of all statewide
18referendum measures that have qualified for the ballot and publish
19the list on the Secretary of State’s Internet Web site.

end insert
begin insert

20(2) Upon the issuance of a certificate of qualification pursuant
21to paragraph (1), a referendum measure shall be deemed qualified
22for the ballot for purposes of subdivision (c) of Section 9 of Article
23II of the California Constitution.

end insert
24

begin deleteSEC. 10.end delete
25begin insertSEC. 12.end insert  

Section 9034 of the Elections Code is amended to
26read:

27

9034.  

(a) The proponents of a proposed initiative measure
28shall submit a certification, signed under penalty of perjury, to the
29Secretary of State immediately upon the collection of 25 percent
30of the number of signatures needed to qualify the initiative measure
31for the ballot.

32(b) Upon the receipt of the certification required by subdivision
33(a), the Secretary of State shall transmit copies of the initiative
34measure, together with the circulating title and summary as
35prepared by the Attorney General pursuant to Section 9004, to the
36Senate and the Assembly. Each house shall assign the initiative
37measure to its appropriate committees. The appropriate committees
38shall hold joint public hearings on the subject of the measure not
39later than 131 days before the date of the election at which the
40measure is to be voted upon.

P15   1(c) This section shall not be construed as authority for the
2Legislature to alter the initiative measure or prevent it from
3appearing on the ballot.

4

begin deleteSEC. 11.end delete
5begin insertSEC. 13.end insert  

Section 9051 of the Elections Code is amended to
6read:

7

9051.  

(a) (1) The ballot title and summary may differ from
8the legislative, circulating, or other title and summary of the
9measure and shallbegin delete be not less than 25 words and not more than
10150 words in lengthend delete
begin insert not exceed 100 wordsend insert, not including the fiscal
11impact statement.

12(2) The ballot title and summary shall include a summary of the
13Legislative Analyst’s estimate of the net state and local government
14fiscal impact prepared pursuant to Section 9087 of this code and
15Section 88003 of the Government Code.

16(b) The ballot label shall not contain more than 75 words and
17shall be a condensed version of the ballot title and summary
18including the financial impact summary prepared pursuant to
19Section 9087 of this code and Section 88003 of the Government
20Code.

21(c) In providing the ballot title and summary, the Attorney
22General shall give a true and impartial statement of the purpose
23of the measure in such language that the ballot title and summary
24shall neither be an argument, nor be likely to create prejudice, for
25or against the proposed measure. The ballot title and summary
26shall also satisfy all of the following:

27(1) Be written in clear and concise terms, understandable to the
28average voter, and in an objective and nonpartisan manner,
29avoiding the use of technical terms whenever possible.

30(2) If the measure imposes or increases a tax or fee, the type
31and amount of the tax or fee shall be described.

32(3) If the measure repeals existing law in any substantial manner,
33that fact shall be included.

34(4) If the measure is contingent on the passage or defeat of
35another measure or statute, that fact shall be included.

36(d) The Legislature shall provide the Attorney General with
37sufficient funding for administrative and other support relating to
38preparation of the ballot title and summary for initiative measures,
39including, but not limited to, plain-language specialists.

P16   1(e) The Attorney General shall invite and consider public
2comment in preparing each ballot title and summary.

3

begin deleteSEC. 12.end delete
4begin insertSEC. 14.end insert  

Section 9082.7 of the Elections Code is amended to
5read:

6

9082.7.  

(a) The Secretary of State shall make available the
7complete state ballot pamphlet over the Internet.

8(b) The Secretary of State shall create an Internet Web site, or
9use other available technology, to consolidate information about
10eachbegin insert stateend insert ballot measure in a manner that is easy for voters to
11access and understand. The information shall include all of the
12following:

13(1) A summary of the ballot measure’s content.

begin insert

14(2) A current list of the top 10 contributors supporting and
15opposing the ballot measure, as compiled by the Fair Political
16Practices Commission pursuant to subdivision (e) of Section 84223
17of the Government Code.

end insert
begin delete

18(2)

end delete

19begin insert(3)end insert (A) A list of each committee primarily formed to support
20or oppose the ballot measure, as described in Section 82047.5 of
21the Government Code, and a means to access information about
22the sources of contributions reported for each committee.

23(B) Information about the sources of contributions shall be
24updated as new information becomes available to the public
25pursuant to the Political Reform Act of 1974 (Title 9 (commencing
26with Section 81000) of the Government Code).

27(C) begin delete(i)end deletebegin deleteend deleteIf a committee identified in subparagraph (A) receives
28at least one million dollars ($1,000,000) in contributions for an
29election, the Secretary of State shallbegin delete also listend deletebegin insert provide a means to
30access online information aboutend insert
the committee’s top 10
31contributors reported to the Fair Political Practices Commission
32pursuant tobegin insert subdivision (a) ofend insert Section 84223 of the Government
33Code.

begin delete

34 (ii)

end delete

35begin insert(D)end insert Notwithstanding paragraph (1) of subdivisionbegin delete (C)end deletebegin insert (c)end insert of
36Section 84223 of the Government Code, the Fair Political Practices
37Commission shall automatically providebegin delete theend deletebegin insert anyend insert list of top 10
38contributorsbegin insert created pursuant to Section 84223 of the Government
39Codeend insert
, and any subsequent updates to that list, to the Secretary of
40State for purposes of compliance with this section.

begin delete

P17   1(3)

end delete

2begin insert(4)end insert Any otherbegin delete Internet Web site hyperlinks to other relevantend delete
3 informationbegin insert deemed relevant by the Secretary of Stateend insert.

4begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 9092 of the end insertbegin insertElections Codeend insertbegin insert is amended to
5read:end insert

6

9092.  

Not less thanbegin delete 20end deletebegin insert 25end insert days before he or she submits the
7copy for the ballot pamphlet to the State Printer, the Secretary of
8State shall make the copy available for public examination. Any
9elector may seek a writ of mandate requiring any copy to be
10amended or deleted from the ballot pamphlet. A peremptory writ
11of mandate shall issue only upon clear and convincing proof that
12the copy in question is false, misleading, or inconsistent with the
13requirements of this code or Chapter 8 (commencing with Section
1488000) of Title 9 of the Government Code, and that issuance of
15the writ will not substantially interfere with the printing and
16distribution of the ballot pamphlet as required by law. Venue for
17a proceeding under this section shall be exclusively in Sacramento
18County. The Secretary of State shall be named as the respondent
19and the State Printer and the person or official who authored the
20copy in question shall be named as real parties in interest. If the
21proceeding is initiated by the Secretary of State, the State Printer
22shall be named as the respondent.

23

begin deleteSEC. 13.end delete
24begin insertSEC. 16.end insert  

Section 9094.5 of the Elections Code is amended to
25read:

26

9094.5.  

(a) The Secretary of State shall establish processes to
27enable a voter tobegin delete opt out of receiving by mail the state ballot
28pamphlet prepared pursuant to Section 9081 and to instead receive
29either the state ballot pamphlet in an electronic format or an
30electronic notification making the pamphlet available by means
31of online access. These processes shall become effective only after
32the Secretary of State certifies that the state has a statewide voter
33registration database that complies with the federal Help America
34Vote Act of 2002 (42 U.S.C. Sec. 15301 et seq.).end delete
begin insert do both of the
35following:end insert

begin insert

36(1) Opt out of receiving by mail the state ballot pamphlet
37prepared pursuant to Section 9081.

end insert
begin insert

38(2) When the state ballot pamphlet is available, receive either
39the state ballot pamphlet in an electronic format or an electronic
P18   1notification making the pamphlet available by means of online
2access.

end insert
begin insert

3(b) The processes described in subdivision (a) shall become
4effective only after the Secretary of State certifies that the state
5has a statewide voter registration database that complies with the
6federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et
7seq.).

end insert
begin delete

8(b)

end delete

9begin insert(c)end insert The processes described in subdivision (a) shall not apply
10where two or more registered voters have the same postal address
11unless each voter who shares the same postal address has chosen
12to discontinue receiving the ballot pamphlet by mail.

begin delete

13(c)

end delete

14begin insert(d)end insert The Secretary of State shall also establish a procedure to
15permit a voter to begin receiving the ballot pamphlet by mail again
16after the voter has discontinued receiving it pursuant to subdivision
17(a).

18

begin deleteSEC. 14.end delete
19begin insertSEC. 17.end insert  

Section 9604 of the Elections Code is amended to
20read:

21

9604.  

(a) Notwithstanding any other law, any person may
22engage in good faith bargaining between competing interests to
23secure legislative approval of matters embraced in a statewide or
24local initiative or referendum measure, and the proponents may,
25as a result of these negotiations, withdraw the measure at any time
26before filing the petition with the appropriate elections official.

27(b) In addition to the procedure under subdivision (a), the
28proponents of a statewide initiative or referendum measure may
29withdraw the measure after filing the petition with the appropriate
30elections official at any time before the Secretary of State certifies
31that the measure has qualified for the ballotbegin insert pursuant toend insertbegin insert Section
329033end insert
.

33(c) Withdrawal of a statewide initiative or referendum measure
34shall be effective upon receipt by the Secretary of State of a written
35notice of withdrawal, signed by all proponents of the measure.

36(d) Withdrawal of a local initiative or referendum measure shall
37be effective upon receipt by the appropriate local elections official
38of a written notice of withdrawal, signed by all proponents of the
39measure.

P19   1

begin deleteSEC. 15.end delete
2begin insertSEC. 18.end insert  

Section 18621 of the Elections Code is amended to
3read:

4

18621.  

Any proponent of an initiative or referendum measure
5or recall petition who seeks, solicits, bargains for, or obtains any
6money or thing of value of or from any person, firm, or corporation
7for the purpose of abandoning the same or stopping the circulation
8of petitions concerning the same, or failing or neglecting or
9refusing to file the measure or petition in the office of the elections
10official or other officer designated by law within the time required
11by law after obtaining the number of signatures required under the
12law to qualify the measure or petition, or withdrawing an initiative
13petition after filing it with the appropriate elections official, or
14performing any act that will prevent or aid in preventing the
15initiative, referendum, or recall proposed from qualifying as an
16initiative or referendum measure, or resulting in a recall election
17is punishable by a fine not exceeding five thousand dollars ($5,000)
18or by imprisonment pursuant to subdivision (h) of Section 1170
19of the Penal Code for 16 months or two or three years, or in a
20county jail not exceeding one year, or by both that fine and
21imprisonment.

22begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 88006 of the end insertbegin insertGovernment Codeend insertbegin insert is amended
23to read:end insert

24

88006.  

Not less thanbegin delete 20end deletebegin insert 25end insert days before he or she submits the
25copy for the ballot pamphlet to the State Printer, the Secretary of
26State shall make the copy available for public examination. Any
27elector may seek a writ of mandate requiring the copy to be
28amended or deleted from the ballot pamphlet. A peremptory writ
29of mandate shall issue only upon clear and convincing proof that
30the copy in question is false, misleading or inconsistent with the
31requirements of this chapter or the Elections Code, and that
32issuance of the writ will not substantially interfere with the printing
33and distribution of the ballot pamphlet as required by law. Venue
34for a proceeding under this section shall be exclusively in
35Sacramento County. The Secretary of State shall be named as the
36respondent and the State Printer and the person or official who
37authored the copy in question shall be named as real parties in
38interest. If the proceeding is initiated by the Secretary of State, the
39State Printer shall be named as the respondent.

P20   1

begin deleteSEC. 16.end delete
2begin insertSEC. 20.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.

11begin insert

begin insertSEC. 21.end insert  

end insert
begin insert

The Legislature finds and declares that this bill
12furthers the purposes of the Political Reform Act of 1974 within
13the meaning of subdivision (a) of Section 81012 of the Government
14Code.

end insert


O

    96