Amended in Assembly August 18, 2014

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 Bill No. 1253

Introduced by Senator Steinberg

(Coauthors: Senators begin delete Berryhill, Cannella, end delete Galgiani, begin delete Huff, end delete Leno, Lieu, begin delete Wolk, and Wyland end delete begin insert and Wolk end insert )

(Coauthors: Assembly Members begin insert Gatto, end insert Mullin, Quirk-Silva, and Ting)

February 20, 2014

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

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(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.

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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.

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(3)

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begin insert (2) end insert  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.

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(4)

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begin insert (3) end insert  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.

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(5)

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begin insert (4) end insert  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.

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(6)

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begin insert (5) end insert  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.

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(7)

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begin insert (6) end insert  Existing law authorizes the proponents of a statewide initiative or referendum measure to withdraw the measure at any time before filing the petition with the appropriate elections official. Existing law also requires that state initiative petitions circulated for signature include a prescribed notice to the public.

This bill would authorize the proponents of a statewide initiative or referendum measure to have the measure withdrawn from the ballot at any time before the measure qualifies for the ballot.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

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(8)

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begin insert (7) end insert  Existing law makes certain activities relating to the circulation of an initiative, referendum, or recall petition a criminal offense.

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

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(9)

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begin insert (8) end insert  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. begin insert The bill would also incorporate additional changes in Section 9082.7 of the Elections Code proposed by SB 844 that would become operative only if SB 844 and this bill are both enacted and this bill is enacted last. end insert 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.

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(10)

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begin insert (9) end insert  The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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

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

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

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Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

SECTION 1.  

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

SEC. 2.  

The Legislature finds and declares all of the following:

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

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

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

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

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

SEC. 3.  

Section 9 of the Elections Code is amended to read:

9.  

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

(1) Punctuation is not counted.

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

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

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

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

(6) Dates shall be counted as one word.

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

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

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

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

SEC. 4.  

Section 101 of the Elections Code is amended to read:

101.  

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

“NOTICE TO THE PUBLIC

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

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

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

SEC. 5.  

Section 9002 of the Elections Code is amended to read:

9002.  

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

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

(2) Inviting, and providing for the submission of, written public
comments on the proposed initiative measure on the Attorney
General’s Internet Web site. The site shall accept written public
comments for the duration of the public review period. The written
public comments shall be public records, available for inspection
upon request pursuant to Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code, but shall
not be displayed to the public on the Attorney General’s Internet
Web site during the public review period. The Attorney General
shall transmit any written public comments received during the
public review period to the proponents of the proposed initiative
measure.

(b) During the public review period, the proponents of the
proposed initiative measure may submit amendments to the
measure that are reasonably germane to the theme, purpose, or
subject of the initiative measure as originally proposed. However,
amendments shall not be submitted if the initiative measure as
originally proposed would not effect a substantive change in law.

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

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

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

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

SEC. 6.  

Section 9004 of the Elections Code is amended to read:

9004.  

(a) Upon receipt of the text of a proposed initiative
measure, and after the public review period provided for in Section
9002, the Attorney General shall prepare a circulating title and
summary of the chief purposes and points of the proposed measure.
The circulating title and summary shall not exceed 100 words. The
Attorney General shall also provide a unique numeric identifier
for each proposed initiative measure. The circulating title and
summary shall be prepared in the manner provided for the
preparation of ballot titles and summaries in Article 5 (commencing
with Section 9050), the provisions of which, in regard to the
preparation, filing, and settlement of ballot titles and summaries,
are applicable to the circulating title and summary.

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

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

SEC. 7.  

Section 9005 of the Elections Code is amended to read:

9005.  

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

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

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

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

SEC. 8.  

Section 9014 of the Elections Code, as amended by
Section 2 of Chapter 106 of the Statutes of 2014, is amended to
read:

9014.  

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

(b) Subject to subdivision (d), a petition with signatures for a
proposed initiative measure shall be filed with the county elections
official not later than 180 days from the official summary date,
and a county elections official shall not accept a petition for the
proposed initiative measure after that period.

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

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

SEC. 9.  

Section 9030 of the Elections Code is amended to read:

9030.  

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

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

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

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

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

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

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

SEC. 10.  

Section 9031 of the Elections Code is amended to
read:

9031.  

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

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

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

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

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

SEC. 10.5.  

Section 9031 of the Elections Code is amended to
read:

9031.  

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

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

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

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

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

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

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

SEC. 11.  

Section 9033 of the Elections Code is amended to
read:

9033.  

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 12.  

Section 9034 of the Elections Code is amended to
read:

9034.  

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

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

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

SEC. 13.  

Section 9051 of the Elections Code is amended to
read:

9051.  

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

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

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

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

begin delete

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

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

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

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

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

(e)

end delete

begin insert (d) end insert  The Attorney General shall invite and consider public
comment in preparing each ballot title and summary.

SEC. 14.  

Section 9082.7 of the Elections Code is amended to
read:

9082.7.  

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 14.5. end insert   

end insert

begin insert Section 9082.7 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

9082.7.  

begin insert (a) end insert begin insert   end insert The Secretary of State shall begin delete disseminate end delete begin insert make
available end insert the complete state ballot pamphlet over the Internet. begin insert The
online verison of the state ballot pamphlet shall contain all of the
following: end insert

begin insert

(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that
are available online.

end insert begin insert

(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision
(b).

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(2) The total amount of reported contributions made in support
of and opposition to the ballot measure, calculated and updated
as follows:

end insert begin insert

(A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts
of contributions made in support of the ballot measure and reported
in semiannual statements required by Section 84200 of the
Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code, that
are reported within 16 days of the election at which the measure
will appear on the ballot.

end insert begin insert

(ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts
of contributions made in opposition to the ballot measure and
reported in semiannual statements required by Section 84200 of
the Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code, that
are reported within 16 days of the election at which the measure
will appear on the ballot.

end insert begin insert

(iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:

end insert begin insert

(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.

end insert begin insert

(II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if
the total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.

end insert begin insert

(B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than five business days after receipt of a semiannual
statement, campaign statement, or preelection statement and not
later than two business days after receipt of a late contribution
report within 16 days of the election at which the measure will
appear on the ballot.

end insert begin insert

(C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied
by an explanation that the contribution totals may be overstated
due to the inclusion of contributions made to committees supporting
or opposing more than one state ballot measure, as required by
subclause (II) of clause (iii) of subparagraph (A).

end insert begin insert

(3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223
of the Government Code.

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

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

end insert begin insert

(5) Any other information deemed relevant by the Secretary of
State.

end insert

begin delete

SEC. 15.  

Section 9092 of the Elections Code is amended to
read:

9092.  

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

end delete

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

Section 9094.5 of the Elections Code is amended to
read:

9094.5.  

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

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

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

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

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

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

begin delete SEC. 17. end delete
begin insert SEC. 16. end insert   

Section 9604 of the Elections Code is amended to
read:

9604.  

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

(b) In addition to the procedure under subdivision (a), the
proponents of a statewide initiative or referendum measure may
withdraw the measure after filing the petition with the appropriate
elections official at any time before the Secretary of State certifies
that the measure has qualified for the ballot pursuant to Section
9033.

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

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

begin delete SEC. 18. end delete
begin insert SEC. 17. end insert   

Section 18621 of the Elections Code is amended to
read:

18621.  

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

begin delete SEC. 18.5. end delete
begin insert SEC. 17.5. end insert   

Section 18621 of the Elections Code is amended
to read:

18621.  

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

begin delete

SEC. 19.  

Section 88006 of the Government Code is amended
to read:

88006.  

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

end delete

begin delete SEC. 20. end delete
begin insert SEC. 18. end insert   

Section 10.5 of this bill incorporates amendments to
Section 9031 of the Elections Code proposed by both this bill and
Assembly Bill 2219. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 9031 of the Elections Code,
and (3) this bill is enacted after Assembly Bill 2219, in which case
Section 10 of this bill shall not become operative.

begin insert

begin insert SEC. 19. end insert   

end insert begin insert

Section 14.5 of this bill incorporates amendments to
Section 9082.7 of the Elections Code proposed by both this bill
and Senate Bill 844. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2015,
(2) each bill amends Section 9082.7 of the Elections Code, and
(3) this bill is enacted after Senate Bill 844, in which case Section
14 of this bill shall not become operative.

end insert

begin delete SEC. 21. end delete
begin insert SEC. 20. end insert   

Section begin delete 18.5 end delete begin insert 17.5 end insert of this bill incorporates amendments
to Section 18621 of the Elections Code proposed by both this bill
and Senate Bill 1043. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1,
2015, (2) each bill amends Section 18621 of the Elections Code,
and (3) this bill is enacted after Senate Bill 1043, in which case
Section begin delete 18 end delete begin insert 17 end insert of this bill shall not become operative.

begin delete SEC. 22. end delete
begin insert SEC. 21. end insert   

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

begin delete

SEC. 23.  

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

end delete