Amended in Assembly August 4, 2014

Amended in Assembly July 1, 2014

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 Berryhill, Cannella, Galgiani, Huff, Leno, Lieu, Wolk, and Wyland)

begin delete(Coauthor: end deletebegin insert(Coauthors: end insertAssemblybegin delete Memberend deletebegin insert Members Mullin,end insert Quirk-Silvabegin insert, and Tingend insert)

February 20, 2014


An act to amend Sections 9, 101, 9002, 9004, 9005, 9014, 9030, 9031, 9033, 9034, 9051, 9082.7, 9092, 9094.5, 9604, and 18621 of the Elections Code, and to amend Section 88006 of the Government 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 50 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 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 directing that signature verification be terminated. The bill would require the Secretary of State to 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 Constitution.

(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.

begin deleteThe end deletebegin insertThis end insertbill 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.

begin insert

(9) This bill would incorporate additional changes to Section 9031 of the Elections Code proposed by AB 2219 that would become operative if this bill and AB 2219 are both enacted and this bill is enacted last. The bill would also incorporate additional changes to Section 18621 of the Elections Code proposed by SB 1043 that would become operative if this bill and SB 1043 are both enacted and this bill is enacted last.

end insert
begin delete

(9)

end delete

begin insert(10)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.

begin delete

(10)

end delete

begin insert(11)end insert 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.

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

Vote: 23. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

P5    1

SECTION 1.  

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

3

SEC. 2.  

The Legislature finds and declares all of the following:

4(a) Initiative measures, also known as ballot measures or
5propositions, allow California voters to participate directly in
6lawmaking. California voters have enjoyed the right to enact laws
7through the initiative process since 1911. However, many voters
8find it difficult to understand the language of an initiative measure
9and to learn who is behind an initiative measure.

10(b) It is the intent of the Legislature in enacting this act to update
11the initiative process, which is more than 100 years old, by doing
12all of the following:

13(1) Providing voters with more useful information so that they
14are able to make an informed decision about an initiative measure.
15Under this act, the Secretary of State would be required to give
16voters one-stop access to a clear explanation of each measure and
17information about the individuals and groups behind each measure.
18This would give voters updated information about who is spending
19large sums of money to support or oppose each initiative measure.
20Voters would also be allowed to request an electronic copy of
21ballot materials, thereby reducing the expenses of printing and
22mailing.

23(2) Providing a voter-friendly explanation of each initiative
24measure. The act would require that ballot materials be drafted in
25clear and impartial language.

26(3) Identifying and correcting flaws in an initiative measure
27before it appears on the ballot. Currently, proponents of an initiative
28measure have few options to correct the language of an initiative
29measure or to withdraw a petition for a proposed initiative measure,
30even when flaws are identified. This act would give voters an
31opportunity to comment on an initiative measure before the petition
32is circulated for signatures. Public comment may address perceived
P6    1errors in the drafting of, or perceived unintended consequences
2of, the proposed initiative measure. By extending the time for
3gathering signatures, this act would give the Legislature the
4opportunity to hold earlier public hearings to review initiative
5measures. This act would also allow the proponents of an initiative
6measure to withdraw the measure after the petition and signatures
7are submitted to elections officials, but before the measure qualifies
8for the ballot.

9

SEC. 3.  

Section 9 of the Elections Code is amended to read:

10

9.  

(a) Counting of words, for purposes of this code, shall be
11as follows:

12(1) Punctuation is not counted.

13(2) Each word shall be counted as one word except as specified
14in this section.

15(3) All proper nouns, including geographical names, shall be
16considered as one word; for example, “City and County of San
17Francisco” shall be counted as one word.

18(4) Each abbreviation for a word, phrase, or expression shall be
19counted as one word.

20(5) Hyphenated words that appear in any generally available
21standard reference dictionary, published in the United States at
22any time within the 10 calendar years immediately preceding the
23election for which the words are counted, shall be considered as
24one word. Each part of all other hyphenated words shall be counted
25as a separate word.

26(6) Dates shall be counted as one word.

27(7) Any number consisting of a digit or digits shall be considered
28as one word. Any number which is spelled, such as “one,” shall
29be considered as a separate word or words. “One” shall be counted
30as one word whereas “one hundred” shall be counted as two words.
31“100” shall be counted as one word.

32(8) Telephone numbers shall be counted as one word.

33(9) Internet Web site addresses shall be counted as one word.

34(b) This section shall not apply to counting words for ballot
35designations under Section 13107.

36

SEC. 4.  

Section 101 of the Elections Code is amended to read:

37

101.  

(a) Notwithstanding any other law, a state or local
38initiative petition required to be signed by voters shall contain in
3912-point type, before that portion of the petition for voters’
P7    1signatures, printed names, and residence addresses, the following
2language:


4“NOTICE TO THE PUBLIC

5
6THIS PETITION MAY BE CIRCULATED BY A PAID
7SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE
8THE RIGHT TO ASK.”
9


10(b) A state initiative petition shall contain, in the same location
11and type size described in subdivision (a), the following language:


13“THE PROPONENTS OF THIS PROPOSED INITIATIVE
14MEASURE HAVE THE RIGHT TO WITHDRAW THIS
15PETITION AT ANY TIME BEFORE THE MEASURE
16QUALIFIES FOR THE BALLOT.”


18

SEC. 5.  

Section 9002 of the Elections Code is amended to read:

19

9002.  

(a) Upon receipt of a request from the proponents of a
20proposed initiative measure for a circulating title and summary,
21the Attorney General shall initiate a public review process for a
22period of 30 days by doing all of the following:

23(1) Posting the text of the proposed initiative measure on the
24Attorney General’s Internet Web site.

25(2) Inviting, and providing for the submission of, written public
26comments on the proposed initiative measure on the Attorney
27General’s Internet Web site. The site shall accept written public
28comments for the duration of the public review period. The written
29public comments shall be public records, available for inspection
30upon request pursuant to Chapter 3.5 (commencing with Section
316250) of Division 7 of Title 1 of the Government Code, but shall
32not be displayed to the public on the Attorney General’s Internet
33Web site during the public review period. The Attorney General
34shall transmit any written public comments received during the
35public review period to the proponents of the proposed initiative
36measure.

37(b) During the public review period, the proponents of the
38proposed initiative measure may submit amendments to the
39measure thatbegin delete further its purposes, as determined by the Attorney
40Generalend delete
begin insert are reasonably germane to the theme, purpose, or subject
P8    1of the initiative measure as originally proposed. However,
2amendments shall not be submitted if the initiative measure as
3originally proposed would not effect a substantive change in lawend insert
.

4(1) An amendment shall be submitted with a signed request by
5all the proponents to prepare a circulating title and summary using
6the amended language.

7(2) An amendment shall be submitted to the Attorney General’s
8Initiative Coordinator located in the Attorney General’s Sacramento
9Office via United States Postal Service, alternative mail service,
10or personal delivery. Only printed documents shall be accepted;
11facsimile or email delivery shall not be accepted.

12(3) The submission of an amendment shall not extend the period
13to prepare the estimate required by Section 9005.

14(4) An amendment shall not be accepted more than five days
15after the public review period is concluded. However, a proponent
16shall not be prohibited from proposing a new initiative measure
17and requesting that a circulating title and summary be prepared
18for that measure pursuant to Section 9001.

19

SEC. 6.  

Section 9004 of the Elections Code is amended to read:

20

9004.  

(a) Upon receipt of the text of a proposed initiative
21measure, and after the public review period provided for in Section
229002, the Attorney General shall prepare a circulating title and
23summary of the chief purposes and points of the proposed measure.
24The circulating title and summary shall not exceed 100 words. The
25Attorney General shall also provide a unique numeric identifier
26for each proposed initiative measure. The circulating title and
27summary shall be prepared in the manner provided for the
28preparation of ballot titles and summaries in Article 5 (commencing
29with Section 9050), the provisions of which, in regard to the
30preparation, filing, and settlement of ballot titles and summaries,
31are applicable to the circulating title and summary.

32(b) The Attorney General shall provide a copy of the circulating
33title and summary and its unique numeric identifier to the
34proponents and to the Secretary of State within 15 days after receipt
35of the fiscal estimate or opinion prepared by the Department of
36Finance and the Legislative Analyst pursuant to Section 9005. The
37date the copy is delivered or mailed to the proponents is the
38“official summary date.”

39(c) Upon receipt of the circulating title and summary from the
40Attorney General, the Secretary of State shall, within one business
P9    1day, notify the proponents and county elections official of each
2county of the official summary date and provide a copy of the
3circulating title and summary to each county elections official.
4This notification shall also include a complete schedule showing
5the maximum filing deadline, and the certification deadline by the
6counties to the Secretary of State.

7

SEC. 7.  

Section 9005 of the Elections Code is amended to read:

8

9005.  

(a) The Attorney General, in preparing a circulating title
9and summary for a proposed initiative measure, shall, in boldface
10print, include in the circulating title and summary either the
11estimate of the amount of any increase or decrease in revenues or
12costs to the state or local government, or an opinion as to whether
13or not a substantial net change in state or local finances would
14result if the proposed initiative is adopted.

15(b) The estimate as required by this section shall be made jointly
16by the Department of Finance and the Legislative Analyst, who
17shall deliver the estimate to the Attorney General so that he or she
18may include the estimate in the circulating title and summary
19prepared by him or her.

20(c) The estimate shall be delivered to the Attorney General
21within 50 days of the date of receipt of the proposed initiative
22measure by the Attorney General, unless, in the opinion of both
23the Department of Finance and the Legislative Analyst, a
24reasonable estimate of the net impact of the proposed initiative
25measure cannot be prepared within the 50-day period. In the latter
26case, the Department of Finance and the Legislative Analyst shall,
27within the 50-day period, give the Attorney General their opinion
28as to whether or not a substantial net change in state or local
29finances would result if the proposed initiative measure is adopted.

30(d) A statement of fiscal impact prepared by the Legislative
31Analyst pursuant to subdivision (b) of Section 12172 of the
32Government Code may be used by the Department of Finance and
33the Legislative Analyst in the preparation of the fiscal estimate or
34the opinion.

begin delete35

SEC. 8.  

Section 9014 of the Elections Code is amended to read:

36

9014.  

A petition for a proposed initiative measure or
37referendum shall not be circulated for signatures before the official
38summary date. A petition with signatures on a proposed initiative
39measure shall be filed with the county elections official not later
40than 180 days from the official summary date, and a county
P10   1elections official shall not accept a petition for the proposed
2initiative measure after that period. A petition for a proposed
3referendum measure shall be filed with the county elections
4officials not later than 90 days from the date the legislative bill
5was chaptered by the Secretary of State, and a county elections
6official shall not accept a petition for the proposed referendum
7after that period.

end delete
8begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 9014 of the end insertbegin insertElections Codeend insertbegin insert, as amended by
9Section 2 of Chapter 106 of the Statutes of 2014, is amended to
10read:end insert

11

9014.  

(a) A petition for a proposed initiative or referendum
12measure shall not be circulated for signatures prior to the official
13summary date.

14(b) Subject to subdivision (d), a petition with signatures for a
15proposed initiative measure shall be filed with the county elections
16official not later thanbegin delete 150end deletebegin insert 180end insert days from the official summary date,
17and a county elections official shall not accept a petition for the
18proposed initiative measure after that period.

19(c) Subject to subdivision (d), a petition for a proposed
20 referendum measure shall be filed with the county elections official
21not later than 90 days from the date the legislative bill was
22chaptered by the Secretary of State, and a county elections official
23shall not accept a petition for the proposed referendum measure
24after that period.

25(d) If the last day to file a petition pursuant to subdivision (b)
26or (c) is a holiday, as defined in Chapter 7 (commencing with
27Section 6700) of Division 7 of Title 1 of the Government Code,
28the petition may be filed with the county elections official on the
29next business day.

30

SEC. 9.  

Section 9030 of the Elections Code is amended to read:

31

9030.  

(a) Each section of the petition shall be filed with the
32elections official of the county or city and county in which it was
33circulated, but all sections circulated in any county or city and
34county shall be filed at the same time. Once filed, no petition
35section shall be amended except by order of a court of competent
36jurisdiction.

37(b) Within eight days after the filing of the petition, excluding
38Saturdays, Sundays, and holidays, the elections official shall
39determine the total number of signatures affixed to the petition
40and shall transmit this information to the Secretary of State. If the
P11   1total number of signatures filed with all elections officials is less
2than 100 percent of the number of qualified voters required to find
3 the petition sufficient, the Secretary of State shall so notify the
4proponents and the elections officials, and no further action shall
5be taken with regard to the petition.

6(c) If the number of signatures filed with all elections officials
7is 100 percent or more of the number of qualified voters needed
8to declare the petition sufficient, the Secretary of State shall
9immediately so notify the elections officials.

10(d) Within 30 days after this notification, excluding Saturdays,
11Sundays, and holidays, the elections official shall determine the
12number of qualified voters who have signed the petition. If more
13than 500 names have been signed on sections of the petition filed
14with an elections official, the elections official shall use a random
15sampling technique for verification of signatures, as determined
16by the Secretary of State. The random sample of signatures to be
17verified shall be drawn in such a manner that every signature filed
18with the elections official shall be given an equal opportunity to
19be included in the sample. The random sampling shall include an
20examination of at least 500 or 3 percent of the signatures,
21whichever is greater. In determining from the records of registration
22what number of qualified voters have signed the petition, the
23elections official may use the duplicate file of affidavits of
24registered voters or the facsimiles of voters’ signatures, provided
25that the method of preparing and displaying the facsimiles complies
26with law.

27(e) The elections official, upon the completion of the
28examination, shall immediately attach to the petition, except the
29signatures thereto appended, a properly dated certificate, showing
30the result of the examination, and shall immediately transmit the
31petition and the certificate to the Secretary of State. A copy of this
32certificate shall be filed in the elections official’s office.

33(f) If the certificates received from all elections officials by the
34Secretary of State establish that the number of valid signatures
35does not equal 95 percent of the number of qualified voters needed
36to find the petition sufficient, the petition shall be deemed to have
37failed to qualify, and the Secretary of State shall immediately so
38notify the proponents and the elections officials.

39(g) If the certificates received from all elections officials by the
40Secretary of State total more than 110 percent of the number of
P12   1qualified voters needed to find the petition sufficient, the Secretary
2of State shall certify that the measure is qualified for the ballot as
3provided in Section 9033.

4

SEC. 10.  

Section 9031 of the Elections Code is amended to
5read:

6

9031.  

(a) If the statistical sampling shows that the number of
7valid signatures is within 95 to 110 percent of the number of
8signatures of qualified voters needed to declare the petition
9sufficient, the Secretary of State shall order the examination and
10verification of each signature filed, and shall so notify the elections
11officials.

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

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

31(d) (1) If the amended certificates establish the petition’s
32sufficiency, the Secretary of State shall certify that the measure is
33qualified for the ballot as provided in Section 9033.

34(2) If the amended certificates received from all elections
35officials by the Secretary of State establish that the petition has
36still been found insufficient, the Secretary of State shall
37immediately so notify the proponents and the elections officials.

38begin insert

begin insertSEC. 10.5.end insert  

end insert

begin insertSection 9031 of the end insertbegin insertElections Codeend insertbegin insert is amended to
39read:end insert

P13   1

9031.  

(a) If the statistical sampling shows that the number of
2valid signatures is within 95 to 110 percent of the number of
3signatures of qualified voters needed to declare the petition
4sufficient, the Secretary of State shall order the examination and
5verification ofbegin delete each signatureend deletebegin insert the signaturesend insert filed, and shall so
6notify the elections officials.

7(b) Within 30 days, excluding Saturdays, Sundays, and holidays,
8after receipt of the order, the elections official or registrar of voters
9shall determine from the records of registration what number of
10qualified voters have signed the petition and if necessary the board
11of supervisors shall allow the elections official or registrar
12additional assistance for the purpose of examining the petition and
13provide for their compensation. In determining from the records
14of registration what number of qualified voters have signed the
15petition, the elections official or registrar of voters may use any
16file or list of registered voters maintained by his or her office, or
17the facsimiles of voters’ signatures, provided that the method of
18preparing and displaying the facsimiles complies with law.

begin insert

19(c) (1) During the examination and verification of the signatures
20filed, the elections official or registrar of voters shall submit one
21or more reports to the Secretary of State showing the number of
22signatures of qualified voters that have been verified as of that
23date. The Secretary of State shall determine the number of reports
24required to be submitted and the manner of their submission.

end insert
begin insert

25(2) The Secretary of State shall maintain a list indicating the
26number of verified signatures of qualified voters who have signed
27the petition based on the most recent reports submitted pursuant
28to paragraph (1). If the Secretary of State determines, prior to
29each county’s completing the examination of each signature filed,
30that based on the list the petition is signed by the requisite number
31of voters needed to declare the petition sufficient, the Secretary of
32State shall immediately notify the elections official or registrar of
33voters of every county or city and county in the state of this fact.
34Immediately after receipt of this notification, the elections official
35or registrar of voters may suspend signature verification until
36receipt of a certificate pursuant to Section 9033 or until otherwise
37instructed by the Secretary of State.

end insert
begin delete

38(c)

end delete

39begin insert(d)end insert The elections official or registrar, upon the completion of
40the examinationbegin insert or notification pursuant to paragraph (2) of
P14   1subdivision (c)end insert
, shall immediately attach to the petition, except the
2signatures thereto appended, an amended certificate properly dated,
3showing the result of the examination and shall immediately
4transmit the petition, together with the amended certificate, to the
5Secretary of State. A copy of the amended certificate shall be filed
6in the elections official’s office.

begin delete

7(d)

end delete

8begin insert(e)end insertbegin insertend insertbegin insert(1)end insert If the amended certificates establish the petition’s
9sufficiency, thebegin delete petition shall be deemed to be filed as of the date
10of receipt by theend delete
Secretary of State begin delete of certificates showing the
11petition to be signed by the requisite number of voters of the stateend delete

12begin insert shall certify that the measure is qualified for the ballot as provided
13in Section 9033end insert
.

begin delete

14If

end delete

15begin insert(2)end insertbegin insertend insertbegin insertIfend insert the amended certificates received from all elections
16officials by the Secretary of State establish that the petition has
17still been found insufficient, the Secretary of State shall
18immediately so notify the proponents and the elections officials.

19

SEC. 11.  

Section 9033 of the Elections Code is amended to
20read:

21

9033.  

(a) When the Secretary of State has received from one
22or more elections officials or registrars a petition, certified to have
23been signed by the requisite number of qualified voters, the
24Secretary of State shall forthwith notify the proponents and
25immediately transmit to the elections official or registrar of voters
26of every county or city and county in the state a notice directing
27that signature verification be terminated.

28(b) (1) In the case of an initiative measure, the Secretary of
29State shall identify the date of the next statewide general election
30as defined in subdivision (a) of Section 9016, or the next special
31statewide election, that will occur not less than 131 days after the
32date the Secretary of State receives a petition certified to have been
33signed by the requisite number of qualified voters.

34(2) On the 131st day prior to the date of the election identified
35pursuant to paragraph (1), the Secretary of State shall do all of the
36following:

37(A) Issue a certificate of qualification certifying that the
38initiative measure, as of that date, is qualified for the ballot at the
39election identified pursuant to paragraph (1).

P15   1(B) Notify the proponents of the initiative measure and the
2elections official of each county that the measure, as of that date,
3is qualified for the ballot at the election identified pursuant to
4paragraph (1).

5(C) Include the initiative measure in a list of all statewide
6initiative measures that are eligible to be placed on the ballot at
7the election identified pursuant to paragraph (1) and publish the
8list on the Secretary of State’s Internet Web site.

9(3) Upon the issuance of a certificate of qualification pursuant
10to paragraph (2), an initiative measure shall be deemed qualified
11for the ballot for purposes of subdivision (c) of Section 8 of Article
12II of the California Constitution.

13(c) (1) In the case of a referendum measure, upon receipt of a
14petition certified to have been signed by the requisite number of
15qualified voters, the Secretary of State shall do all of the following:

16(A) Issue a certificate of qualification certifying that the
17referendum measure, as of that date, is qualified for the ballot.

18(B) Notify the proponents of the referendum measure and the
19elections official of each county that the measure, as of that date,
20is qualified for the ballot.

21(C) Include the referendum measure in a list of all statewide
22referendum measures that have qualified for the ballot and publish
23the list on the Secretary of State’s Internet Web site.

24(2) Upon the issuance of a certificate of qualification pursuant
25to paragraph (1), a referendum measure shall be deemed qualified
26for the ballot for purposes of subdivision (c) of Section 9 of Article
27II of the California Constitution.

28

SEC. 12.  

Section 9034 of the Elections Code is amended to
29read:

30

9034.  

(a) The proponents of a proposed initiative measure
31shall submit a certification, signed under penalty of perjury, to the
32Secretary of State immediately upon the collection of 25 percent
33of the number of signatures needed to qualify the initiative measure
34for the ballot.

35(b) Upon the receipt of the certification required by subdivision
36(a), the Secretary of State shall transmit copies of the initiative
37measure, together with the circulating title and summary as
38prepared by the Attorney General pursuant to Section 9004, to the
39Senate and the Assembly. Each house shall assign the initiative
40measure to its appropriate committees. The appropriate committees
P16   1shall hold joint public hearings on the subject of the measure not
2later than 131 days before the date of the election at which the
3measure is to be voted upon.

4(c) This section shall not be construed as authority for the
5Legislature to alter the initiative measure or prevent it from
6appearing on the ballot.

7

SEC. 13.  

Section 9051 of the Elections Code is amended to
8read:

9

9051.  

(a) (1) The ballot title and summary may differ from
10the legislative, circulating, or other title and summary of the
11measure and shall not exceed 100 words, not including the fiscal
12impact statement.

13(2) The ballot title and summary shall include a summary of the
14Legislative Analyst’s estimate of the net state and local government
15fiscal impact prepared pursuant to Section 9087 of this code and
16Section 88003 of the Government Code.

17(b) The ballot label shall not contain more than 75 words and
18shall be a condensed version of the ballot title and summary
19including the financial impact summary prepared pursuant to
20Section 9087 of this code and Section 88003 of the Government
21Code.

22(c) In providing the ballot title and summary, the Attorney
23General shall give a true and impartial statement of the purpose
24of the measure in such language that the ballot title and summary
25shall neither be an argument, nor be likely to create prejudice, for
26or against the proposed measure. The ballot title and summary
27shall also satisfy all of the following:

28(1) Be written in clear and concise terms, understandable to the
29average voter, and in an objective and nonpartisan manner,
30avoiding the use of technical terms whenever possible.

31(2) If the measure imposes or increases a tax or fee, the type
32and amount of the tax or fee shall be described.

33(3) If the measure repeals existing law in any substantial manner,
34that fact shall be included.

35(4) If the measure is contingent on the passage or defeat of
36another measure or statute, that fact shall be included.

37(d) The Legislature shall provide the Attorney General with
38sufficient funding for administrative and other support relating to
39preparation of the ballot title and summary for initiative measures,
40including, but not limited to, plain-language specialists.

P17   1(e) The Attorney General shall invite and consider public
2comment in preparing each ballot title and summary.

3

SEC. 14.  

Section 9082.7 of the Elections Code is amended to
4read:

5

9082.7.  

(a) The Secretary of State shall make available the
6complete state ballot pamphlet over the Internet.

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

12(1) A summary of the ballot measure’s content.

13(2) A current list of the top 10 contributors supporting and
14opposing the ballot measure, as compiled by the Fair Political
15Practices Commission pursuant to subdivision (e) of Section 84223
16of the Government Code.

17(3) (A) A list of each committee primarily formed to support
18or oppose the ballot measure, as described in Section 82047.5 of
19the Government Code, and a means to access information about
20the sources of contributions reported for each committee.

21(B) Information about the sources of contributions shall be
22updated as new information becomes available to the public
23pursuant to the Political Reform Act of 1974 (Title 9 (commencing
24with Section 81000) of the Government Code).

25(C) If a committee identified in subparagraph (A) receives at
26least one million dollars ($1,000,000) in contributions for an
27election, the Secretary of State shall provide a means to access
28online information about the committee’s top 10 contributors
29reported to the Fair Political Practices Commission pursuant to
30subdivision (a) of Section 84223 of the Government Code.

31(D) Notwithstanding paragraph (1) of subdivision (c) of Section
3284223 of the Government Code, the Fair Political Practices
33Commission shall automatically provide any list of top 10
34contributors created pursuant to Section 84223 of the Government
35Code, and any subsequent updates to that list, to the Secretary of
36State for purposes of compliance with this section.

37(4) Any other information deemed relevant by the Secretary of
38State.

39

SEC. 15.  

Section 9092 of the Elections Code is amended to
40read:

P18   1

9092.  

Not less than 25 days before he or she submits the copy
2for the ballot pamphlet to the State Printer, the Secretary of State
3shall make the copy available for public examination. Any elector
4may seek a writ of mandate requiring any copy to be amended or
5deleted from the ballot pamphlet. A peremptory writ of mandate
6shall issue only upon clear and convincing proof that the copy in
7question is false, misleading, or inconsistent with the requirements
8of this code or Chapter 8 (commencing with Section 88000) of
9Title 9 of the Government Code, and that issuance of the writ will
10not substantially interfere with the printing and distribution of the
11ballot pamphlet as required by law. Venue for a proceeding under
12this section shall be exclusively in Sacramento County. The
13Secretary of State shall be named as the respondent and the State
14Printer and the person or official who authored the copy in question
15shall be named as real parties in interest. If the proceeding is
16initiated by the Secretary of State, the State Printer shall be named
17as the respondent.

18

SEC. 16.  

Section 9094.5 of the Elections Code is amended to
19read:

20

9094.5.  

(a) The Secretary of State shall establish processes to
21enable a voter to do both of the following:

22(1) Opt out of receiving by mail the state ballot pamphlet
23prepared pursuant to Section 9081.

24(2) When the state ballot pamphlet is available, receive either
25the state ballot pamphlet in an electronic format or an electronic
26notification making the pamphlet available by means of online
27access.

28(b) The processes described in subdivision (a) shall become
29effective only after the Secretary of State certifies that the state
30has a statewide voter registration database that complies with the
31federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et
32seq.).

33(c) The processes described in subdivision (a) shall not apply
34where two or more registered voters have the same postal address
35unless each voter who shares the same postal address has chosen
36to discontinue receiving the ballot pamphlet by mail.

37(d) The Secretary of State shall also establish a procedure to
38permit a voter to begin receiving the ballot pamphlet by mail again
39after the voter has discontinued receiving it pursuant to subdivision
40(a).

P19   1

SEC. 17.  

Section 9604 of the Elections Code is amended to
2read:

3

9604.  

(a) Notwithstanding any other law, any person may
4engage in good faith bargaining between competing interests to
5secure legislative approval of matters embraced in a statewide or
6local initiative or referendum measure, and the proponents may,
7as a result of these negotiations, withdraw the measure at any time
8before filing the petition with the appropriate elections official.

9(b) In addition to the procedure under subdivision (a), the
10proponents of a statewide initiative or referendum measure may
11withdraw the measure after filing the petition with the appropriate
12elections official at any time before the Secretary of State certifies
13that the measure has qualified for the ballot pursuant to Section
149033.

15(c) Withdrawal of a statewide initiative or referendum measure
16shall be effective upon receipt by the Secretary of State of a written
17notice of withdrawal, signed by all proponents of the measure.

18(d) Withdrawal of a local initiative or referendum measure shall
19be effective upon receipt by the appropriate local elections official
20of a written notice of withdrawal, signed by all proponents of the
21measure.

22

SEC. 18.  

Section 18621 of the Elections Code is amended to
23read:

24

18621.  

Any proponent of an initiative or referendum measure
25or recall petition who seeks, solicits, bargains for, or obtains any
26money or thing of value of or from any person, firm, or corporation
27for the purpose of abandoning the same or stopping the circulation
28of petitions concerning the same, or failing or neglecting or
29refusing to file the measure or petition in the office of the elections
30official or other officer designated by law within the time required
31by law after obtaining the number of signatures required under the
32law to qualify the measure or petition, or withdrawing an initiative
33petition after filing it with the appropriate elections official, or
34performing any act that will prevent or aid in preventing the
35initiative, referendum, or recall proposed from qualifying as an
36initiative or referendum measure, or resulting in a recall election
37is punishable by a fine not exceeding five thousand dollars ($5,000)
38or by imprisonment pursuant to subdivision (h) of Section 1170
39of the Penal Code for 16 months or two or three years, or in a
P20   1county jail not exceeding one year, or by both that fine and
2imprisonment.

3begin insert

begin insertSEC. 18.5.end insert  

end insert

begin insertSection 18621 of the end insertbegin insertElections Codeend insertbegin insert is amended to
4read:end insert

5

18621.  

Any proponent of an initiative or referendum measure
6begin delete orend deletebegin insert,end insert recall petitionbegin insert, end insertbegin insertor political party qualification petitionend insert who
7seeks, solicits, bargains for, or obtains any money or thing of value
8of or from any person, firm, or corporation for the purpose of
9abandoning the same or stopping the circulation of petitions
10concerning the same, or failing or neglecting or refusing to file the
11measure or petition in the office of the elections official or other
12officer designated by law within the time required by law after
13obtaining the number of signatures required under the law to
14qualify the measure or petition, orbegin insert withdrawing an initiative petition
15after filing it with the appropriate elections official, orend insert
performing
16any act that will prevent or aid in preventing the initiative,
17referendumbegin delete orend deletebegin insert,end insert recallbegin insert, or political partyend insert proposed from qualifying
18as an initiative or referendum measure,begin delete orend delete resulting in a recall
19electionbegin insert, or qualifying as a political party by a political party
20qualification petitionend insert
is punishable by a fine not exceeding five
21thousand dollars ($5,000) or by imprisonment pursuant to
22subdivision (h) of Section 1170 of the Penal Code for 16 months
23or two or three years, or in a county jail not exceeding one year,
24or by both that fine and imprisonment.

25

SEC. 19.  

Section 88006 of the Government Code is amended
26to read:

27

88006.  

Not less than 25 days before he or she submits the copy
28for the ballot pamphlet to the State Printer, the Secretary of State
29shall make the copy available for public examination. Any elector
30may seek a writ of mandate requiring the copy to be amended or
31deleted from the ballot pamphlet. A peremptory writ of mandate
32shall issue only upon clear and convincing proof that the copy in
33question is false, misleading or inconsistent with the requirements
34of this chapter or the Elections Code, and that issuance of the writ
35will not substantially interfere with the printing and distribution
36of the ballot pamphlet as required by law. Venue for a proceeding
37under this section shall be exclusively in Sacramento County. The
38Secretary of State shall be named as the respondent and the State
39Printer and the person or official who authored the copy in question
40shall be named as real parties in interest. If the proceeding is
P21   1initiated by the Secretary of State, the State Printer shall be named
2as the respondent.

3begin insert

begin insertSEC. 20.end insert  

end insert
begin insert

Section 10.5 of this bill incorporates amendments to
4Section 9031 of the Elections Code proposed by both this bill and
5Assembly Bill 2219. It shall only become operative if (1) both bills
6are enacted and become effective on or before January 1, 2015,
7(2) each bill amends Section 9031 of the Elections Code, and (3)
8this bill is enacted after Assembly Bill 2219, in which case Section
910 of this bill shall not become operative.

end insert
10begin insert

begin insertSEC. 21.end insert  

end insert
begin insert

Section 18.5 of this bill incorporates amendments to
11Section 18621 of the Elections Code proposed by both this bill
12and Senate Bill 1043. It shall only become operative if (1) both
13bills are enacted and become effective on or before January 1,
142015, (2) each bill amends Section 18621 of the Elections Code,
15and (3) this bill is enacted after Senate Bill 1043, in which case
16Section 18 of this bill shall not become operative.

end insert
17

begin deleteSEC. 20.end delete
18begin insertSEC. 22.end insert  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.

27

begin deleteSEC. 21.end delete
28begin insertSEC. 23.end insert  

The Legislature finds and declares that this bill
29furthers the purposes of the Political Reform Act of 1974 within
30the meaning of subdivision (a) of Section 81012 of the Government
31Code.



O

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