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 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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 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. 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.
(9) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
This act shall be known and may be cited as the
2Ballot Initiative Transparency Act.
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.
P5 1(b) It is the intent of the Legislature in enacting this act to update
2the initiative process, which is more than 100 years old, by doing
3all of the following:
4(1) Providing voters with more useful information so that they
5are able to make an informed decision about an initiative measure.
6Under this act, the Secretary of State would be required to give
7voters one-stop access to a clear explanation of each measure and
8information about the individuals and groups behind each measure.
9This would give voters updated information about who is spending
10large sums of money to support or oppose each initiative measure.
11Voters would also be allowed to request an electronic copy of
12ballot materials, thereby reducing the expenses of printing and
13mailing.
14(2) Providing a voter-friendly explanation of each initiative
15measure. The act would require that ballot materials be drafted in
16clear and impartial language.
17(3) Identifying and correcting flaws in an initiative measure
18before it appears on the ballot. Currently, proponents of an initiative
19measure have few options to correct the language of an initiative
20measure or to withdraw a petition for a proposed initiative measure,
21even when flaws are identified. This act would give voters an
22opportunity to comment on an initiative measure before the petition
23is circulated for signatures. Public comment may address perceived
24errors in the drafting of, or perceived unintended consequences
25of, the proposed initiative measure. By extending the time for
26gathering signatures, this act would give the Legislature the
27opportunity to hold earlier public hearings to review initiative
28measures. This act would also allow the proponents of an initiative
29measure to withdraw the measure after the petition and signatures
30are
submitted to elections officials, but before the measure qualifies
31for the ballot.
Section 9 of the Elections Code is amended to read:
(a) Counting of words, for purposes of this code, shall be
34as follows:
35(1) Punctuation is not counted.
36(2) Each word shall be counted as one word except as specified
37in this section.
38(3) All proper nouns, including geographical names, shall be
39considered as one word; for example, “City and County of San
40Francisco” shall be counted as one word.
P6 1(4) Each abbreviation for a word, phrase, or expression shall be
2counted as one word.
3(5) Hyphenated words that appear in any generally available
4standard reference dictionary, published in the United States at
5any time within the 10 calendar years immediately preceding the
6election for which the words are counted, shall be considered as
7one word. Each part of all other hyphenated words shall be counted
8as a separate word.
9(6) Dates shall be counted as one word.
10(7) Any number consisting of a digit or digits shall be considered
11as one word. Any number which is spelled, such as “one,” shall
12be considered as a separate word or words. “One” shall be counted
13as one word whereas “one hundred” shall be counted as two words.
14“100” shall be counted as one word.
15(8) Telephone numbers shall be counted as one word.
16(9) Internet Web site addresses shall be counted as one word.
17(b) This section shall not apply to counting words for ballot
18designations under Section 13107.
Section 101 of the Elections Code is amended to read:
(a) Notwithstanding any other law, a state or local
21initiative petition required to be signed by voters shall contain in
2212-point type, before that portion of the petition for voters’
23signatures, printed names, and residence addresses, the following
24language:
26“NOTICE TO THE PUBLIC
27
28THIS PETITION MAY BE CIRCULATED BY A PAID
29SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE
30THE RIGHT TO ASK.”
31
32(b) A state initiative petition shall contain, in the same location
33
and type size described in subdivision (a), the following language:
35“THE PROPONENTS OF THIS PROPOSED INITIATIVE
36MEASURE HAVE THE RIGHT TO WITHDRAW THIS
37PETITION AT ANY TIME BEFORE THE MEASURE
38QUALIFIES FOR THE BALLOT.”
Section 9002 of the Elections Code is amended to read:
(a) Upon receipt of a request from the proponents of a
2proposed initiative measure for a circulating title and summary,
3the Attorney General shall initiate a public review process for a
4period of 30 days by doing all of the following:
5(1) Posting the text of the proposed initiative measure on the
6Attorney General’s Internet Web site.
7(2) Inviting, and providing for the submission of, written public
8comments on the proposed initiative measure on the Attorney
9General’s Internet Web site. The site shall accept written public
10comments for the duration of the public review period. The written
11public comments shall be public
records, available for inspection
12upon request pursuant to Chapter 3.5 (commencing with Section
136250) of Division 7 of Title 1 of the Government Code, but shall
14not be displayed to the public on the Attorney General’s Internet
15Web site during the public review period. The Attorney General
16shall transmit any written public comments received during the
17public review period to the proponents of the proposed initiative
18measure.
19(b) During the public review period, the proponents of the
20proposed initiative measure may submit amendments to the
21measure that are reasonably germane to the theme, purpose, or
22subject of the initiative measure as originally proposed. However,
23amendments shall not be submitted if the initiative measure as
24originally proposed would not effect a substantive change in law.
25(1) An amendment shall be submitted with a signed request by
26all the proponents to prepare a circulating title and summary using
27the amended language.
28(2) An amendment shall be submitted to the Attorney General’s
29Initiative Coordinator located in the Attorney General’s Sacramento
30Office via United States Postal Service, alternative mail service,
31or personal delivery. Only printed documents shall be accepted;
32facsimile or email delivery shall not be accepted.
33(3) The submission of an amendment shall not extend the period
34to prepare the estimate required by Section 9005.
35(4) An amendment shall not be accepted more than five days
36after the public review period is concluded. However, a proponent
37shall not be
prohibited from proposing a new initiative measure
38and requesting that a circulating title and summary be prepared
39for that measure pursuant to Section 9001.
Section 9004 of the Elections Code is amended to read:
(a) Upon receipt of the text of a proposed initiative
2measure, and after the public review period provided for in Section
39002, the Attorney General shall prepare a circulating title and
4summary of the chief purposes and points of the proposed measure.
5The circulating title and summary shall not exceed 100 words. The
6Attorney General shall also provide a unique numeric identifier
7for each proposed initiative measure. The circulating title and
8summary shall be prepared in the manner provided for the
9preparation of ballot titles and summaries in Article 5 (commencing
10with Section 9050), the provisions of which, in regard to the
11preparation, filing, and settlement of ballot titles and summaries,
12are applicable to the circulating title and
summary.
13(b) The Attorney General shall provide a copy of the circulating
14title and summary and its unique numeric identifier to the
15proponents and to the Secretary of State within 15 days after receipt
16of the fiscal estimate or opinion prepared by the Department of
17Finance and the Legislative Analyst pursuant to Section 9005. The
18date the copy is delivered or mailed to the proponents is the
19“official summary date.”
20(c) Upon receipt of the circulating title and summary from the
21Attorney General, the Secretary of State shall, within one business
22day, notify the proponents and county elections official of each
23county of the official summary date and provide a copy of the
24circulating title and summary to each county elections official.
25This notification shall also include a complete
schedule showing
26the maximum filing deadline, and the certification deadline by the
27counties to the Secretary of State.
Section 9005 of the Elections Code is amended to read:
(a) The Attorney General, in preparing a circulating title
30and summary for a proposed initiative measure, shall, in boldface
31print, include in the circulating title and summary either the
32estimate of the amount of any increase or decrease in revenues or
33costs to the state or local government, or an opinion as to whether
34or not a substantial net change in state or local finances would
35result if the proposed initiative is adopted.
36(b) The estimate as required by this section shall be made jointly
37by the Department of Finance and the Legislative Analyst, who
38shall deliver the estimate to the Attorney General so that he or she
39may include the estimate in the circulating title and summary
40prepared
by him or her.
P9 1(c) The estimate shall be delivered to the Attorney General
2within 50 days of the date of receipt of the proposed initiative
3measure by the Attorney General, unless, in the opinion of both
4the Department of Finance and the Legislative Analyst, a
5reasonable estimate of the net impact of the proposed initiative
6measure cannot be prepared within the 50-day period. In the latter
7case, the Department of Finance and the Legislative Analyst shall,
8within the 50-day period, give the Attorney General their opinion
9as to whether or not a substantial net change in state or local
10finances would result if the proposed initiative measure is adopted.
11(d) A statement of fiscal impact prepared by the Legislative
12Analyst pursuant to subdivision (b) of Section 12172 of the
13Government
Code may be used by the Department of Finance and
14the Legislative Analyst in the preparation of the fiscal estimate or
15the opinion.
Section 9014 of the Elections Code, as amended by
17Section 2 of Chapter 106 of the Statutes of 2014, is amended to
18read:
(a) A petition for a proposed initiative or referendum
20measure shall not be circulated for signatures prior to the official
21summary date.
22(b) Subject to subdivision (d), a petition with signatures for a
23proposed initiative measure shall be filed with the county elections
24official not later than 180 days from the official summary date,
25and a county elections official shall not accept a petition for the
26proposed initiative measure after that period.
27(c) Subject to subdivision (d), a petition for a proposed
28
referendum measure shall be filed with the county elections official
29not later than 90 days from the date the legislative bill was
30chaptered by the Secretary of State, and a county elections official
31shall not accept a petition for the proposed referendum measure
32after that period.
33(d) If the last day to file a petition pursuant to subdivision (b)
34or (c) is a holiday, as defined in Chapter 7 (commencing with
35Section 6700) of Division 7 of Title 1 of the Government Code,
36the petition may be filed with the county elections official on the
37next business day.
Section 9030 of the Elections Code is amended to read:
(a) Each section of the petition shall be filed with the
40elections official of the county or city and county in which it was
P10 1circulated, but all sections circulated in any county or city and
2county shall be filed at the same time. Once filed, no petition
3section shall be amended except by order of a court of competent
4jurisdiction.
5(b) Within eight days after the filing of the petition, excluding
6Saturdays, Sundays, and holidays, the elections official shall
7determine the total number of signatures affixed to the petition
8and shall transmit this information to the Secretary of State. If the
9total number of signatures filed with all elections
officials is less
10than 100 percent of the number of qualified voters required to find
11
the petition sufficient, the Secretary of State shall so notify the
12proponents and the elections officials, and no further action shall
13be taken with regard to the petition.
14(c) If the number of signatures filed with all elections officials
15is 100 percent or more of the number of qualified voters needed
16to declare the petition sufficient, the Secretary of State shall
17immediately so notify the elections officials.
18(d) Within 30 days after this notification, excluding Saturdays,
19Sundays, and holidays, the elections official shall determine the
20number of qualified voters who have signed the petition. If more
21than 500 names have been signed on sections of the petition filed
22with an elections official, the elections official shall use a random
23sampling technique for verification of
signatures, as determined
24by the Secretary of State. The random sample of signatures to be
25verified shall be drawn in such a manner that every signature filed
26with the elections official shall be given an equal opportunity to
27be included in the sample. The random sampling shall include an
28examination of at least 500 or 3 percent of the signatures,
29whichever is greater. In determining from the records of registration
30what number of qualified voters have signed the petition, the
31elections official may use the duplicate file of affidavits of
32registered voters or the facsimiles of voters’ signatures, provided
33that the method of preparing and displaying the facsimiles complies
34with law.
35(e) The elections official, upon the completion of the
36examination, shall immediately attach to the petition, except the
37signatures thereto appended, a
properly dated certificate, showing
38the result of the examination, and shall immediately transmit the
39petition and the certificate to the Secretary of State. A copy of this
40certificate shall be filed in the elections official’s office.
P11 1(f) If the certificates received from all elections officials by the
2Secretary of State establish that the number of valid signatures
3does not equal 95 percent of the number of qualified voters needed
4to find the petition sufficient, the petition shall be deemed to have
5failed to qualify, and the Secretary of State shall immediately so
6notify the proponents and the elections officials.
7(g) If the certificates received from all elections officials by the
8Secretary of State total more than 110 percent of the number of
9qualified voters needed to find the
petition sufficient, the Secretary
10of State shall certify that the measure is qualified for the ballot as
11provided in Section 9033.
Section 9031 of the Elections Code is amended to
13read:
(a) If the statistical sampling shows that the number of
15valid signatures is within 95 to 110 percent of the number of
16signatures of qualified voters needed to declare the petition
17sufficient, the Secretary of State shall order the examination and
18verification of each signature filed, and shall so notify the elections
19officials.
20(b) Within 30 days, excluding Saturdays, Sundays, and holidays,
21after receipt of the order, the elections official or registrar of voters
22shall determine from the records of registration what number of
23qualified voters have signed the petition and if necessary the board
24of supervisors shall allow the elections official or
registrar
25additional assistance for the purpose of examining the petition and
26
provide for their compensation. In determining from the records
27of registration what number of qualified voters have signed the
28petition, the elections official or registrar of voters may use any
29file or list of registered voters maintained by his or her office, or
30the facsimiles of voters’ signatures, provided that the method of
31preparing and displaying the facsimiles complies with law.
32(c) The elections official or registrar, upon the completion of
33the examination, shall immediately attach to the petition, except
34the signatures thereto appended, an amended certificate properly
35dated, showing the result of the examination and shall immediately
36transmit the petition, together with the amended certificate, to the
37Secretary of State. A copy of the amended certificate shall be filed
38in the elections official’s office.
P12 1(d) (1) If the amended certificates establish the petition’s
2sufficiency, the Secretary of State shall certify that the measure is
3qualified for the ballot as provided in Section 9033.
4(2) If the amended certificates received from all elections
5officials by the Secretary of State establish that the petition has
6still been found insufficient, the Secretary of State shall
7immediately so notify the proponents and the elections officials.
Section 9031 of the Elections Code is amended to
9read:
(a) If the statistical sampling shows that the number of
11valid signatures is within 95 to 110 percent of the number of
12signatures of qualified voters needed to declare the petition
13sufficient, the Secretary of State shall order the examination and
14verification of the signatures filed, and shall so notify the elections
15officials.
16(b) Within 30 days, excluding Saturdays, Sundays, and holidays,
17after receipt of the order, the elections official or registrar of voters
18shall determine from the records of registration what number of
19qualified voters have signed the petition and if necessary the board
20of supervisors shall allow the elections official or
registrar
21additional assistance for the purpose of examining the petition and
22provide for their compensation. In determining from the records
23of registration what number of qualified voters have signed the
24petition, the elections official or registrar of voters may use any
25file or list of registered voters maintained by his or her office, or
26the facsimiles of voters’ signatures, provided that the method of
27preparing and displaying the facsimiles complies with law.
28(c) (1) During the examination and verification of the signatures
29filed, the elections official or registrar of voters shall submit one
30or more reports to the Secretary of State showing the number of
31signatures of qualified voters that have been verified as of that
32date. The Secretary of State shall determine the number of reports
33required to be submitted and
the manner of their submission.
34(2) The Secretary of State shall maintain a list indicating the
35number of verified signatures of qualified voters who have signed
36the petition based on the most recent reports submitted pursuant
37to paragraph (1). If the Secretary of State determines, prior to each
38county’s completing the examination of each signature filed, that
39based on the list the petition is signed by the requisite number of
40voters needed to declare the petition sufficient, the Secretary of
P13 1State shall immediately notify the elections official or registrar of
2voters of every county or city and county in the state of this fact.
3Immediately after receipt of this notification, the elections official
4or registrar of voters may suspend signature verification until
5receipt of a certificate pursuant to Section 9033 or until otherwise
6instructed by
the Secretary of State.
7(d) The elections official or registrar, upon the completion of
8the examination or notification pursuant to paragraph (2) of
9subdivision (c), shall immediately attach to the petition, except
10the signatures thereto appended, an amended certificate properly
11dated, showing the result of the examination and shall immediately
12transmit the petition, together with the amended certificate, to the
13Secretary of State. A copy of the amended certificate shall be filed
14in the elections official’s office.
15(e) (1) If the amended certificates establish the petition’s
16sufficiency, the Secretary of State shall certify that the measure is
17qualified for the ballot as provided in Section 9033.
18(2) If the amended certificates received from all elections
19officials by the Secretary of State establish that the petition has
20still been found insufficient, the Secretary of State shall
21immediately so notify the proponents and the elections officials.
Section 9033 of the Elections Code is amended to
23read:
(a) When the Secretary of State has received from one
25or more elections officials or registrars a petition, certified to have
26been signed by the requisite number of qualified voters, the
27Secretary of State shall forthwith notify the proponents and
28immediately transmit to the elections official or registrar of voters
29of every county or city and county in the state a notice directing
30that signature verification be terminated.
31(b) (1) In the case of an initiative measure, the Secretary of
32State shall identify the date of the next statewide general election
33as defined in subdivision (a) of Section 9016, or the next special
34statewide
election, that will occur not less than 131 days after the
35date the Secretary of State receives a petition certified to have been
36signed by the requisite number of qualified voters.
37(2) On the 131st day prior to the date of the election identified
38pursuant to paragraph (1), the Secretary of State shall do all of the
39following:
P14 1(A) Issue a certificate of qualification certifying that the
2initiative measure, as of that date, is qualified for the ballot at the
3election identified pursuant to paragraph (1).
4(B) Notify the proponents of the initiative measure and the
5elections official of each county that the measure, as of that date,
6is qualified for the ballot at the election identified pursuant to
7paragraph (1).
8(C) Include the initiative measure in a list of all statewide
9initiative measures that are eligible to be placed on the ballot at
10the election identified pursuant to paragraph (1) and publish the
11list on the Secretary of State’s Internet Web site.
12(3) Upon the issuance of a certificate of qualification pursuant
13to paragraph (2), an initiative measure shall be deemed qualified
14for the ballot for purposes of subdivision (c) of Section 8 of Article
15II of the California Constitution.
16(c) (1) In the case of a referendum measure, upon receipt of a
17petition certified to have been signed by the requisite number of
18qualified voters, the Secretary of State shall do all of the following:
19(A) Issue a certificate of qualification certifying that the
20referendum measure, as of that date, is qualified for the ballot.
21(B) Notify the proponents of the referendum measure and the
22elections official of each county that the measure, as of that date,
23is qualified for the ballot.
24(C) Include the referendum measure in a list of all statewide
25referendum measures that have qualified for the ballot and publish
26the list on the Secretary of State’s Internet Web site.
27(2) Upon the issuance of a certificate of qualification pursuant
28to paragraph (1), a referendum measure shall be deemed qualified
29for the ballot for purposes of subdivision (c) of Section 9 of Article
30II
of the California Constitution.
Section 9034 of the Elections Code is amended to
32read:
(a) The proponents of a proposed initiative measure
34shall submit a certification, signed under penalty of perjury, to the
35Secretary of State immediately upon the collection of 25 percent
36of the number of signatures needed to qualify the initiative measure
37for the ballot.
38(b) Upon the receipt of the certification required by subdivision
39(a), the Secretary of State shall transmit copies of the initiative
40measure, together with the circulating title and summary as
P15 1prepared by the Attorney General pursuant to Section 9004, to the
2Senate and the Assembly. Each house shall assign the initiative
3measure to its appropriate committees. The appropriate committees
4shall hold joint public
hearings on the subject of the measure not
5later than 131 days before the date of the election at which the
6measure is to be voted upon.
7(c) This section shall not be construed as authority for the
8Legislature to alter the initiative measure or prevent it from
9appearing on the ballot.
Section 9051 of the Elections Code is amended to
11read:
(a) (1) The ballot title and summary may differ from
13the legislative, circulating, or other title and summary of the
14measure and shall not exceed 100 words, not including the fiscal
15impact statement.
16(2) The ballot title and summary shall include a summary of the
17Legislative Analyst’s estimate of the net state and local government
18fiscal impact prepared pursuant to Section 9087 of this code and
19Section 88003 of the Government Code.
20(b) The ballot label shall not contain more than 75 words and
21shall be a condensed version of the ballot title and summary
22including the financial impact summary prepared
pursuant to
23Section 9087 of this code and Section 88003 of the Government
24Code.
25(c) In providing the ballot title and summary, the Attorney
26General shall give a true and impartial statement of the purpose
27of the measure in such language that the ballot title and summary
28shall neither be an argument, nor be likely to create prejudice, for
29or against the proposed measure.
30(d) The Attorney General shall invite and consider public
31comment in preparing each ballot title and summary.
Section 9082.7 of the Elections Code is amended to
33read:
(a) The Secretary of State shall make available the
35complete state ballot pamphlet over the Internet.
36(b) The Secretary of State shall create an Internet Web site, or
37use other available technology, to consolidate information about
38each state ballot measure in a manner that is easy for voters to
39access and understand. The information shall include all of the
40following:
P16 1(1) A summary of the ballot measure’s content.
2(2) A current list of the top 10 contributors supporting and
3opposing the ballot measure, as compiled by the Fair
Political
4Practices Commission pursuant to subdivision (e) of Section 84223
5of the Government Code.
6(3) (A) A list of each committee primarily formed to support
7or oppose the ballot measure, as described in Section 82047.5 of
8the Government Code, and a means to access information about
9the sources of contributions reported for each committee.
10(B) Information about the sources of contributions shall be
11updated as new information becomes available to the public
12pursuant to the Political Reform Act of 1974 (Title 9 (commencing
13with Section 81000) of the Government Code).
14(C) If a committee identified in subparagraph (A) receives at
15least one million dollars ($1,000,000) in contributions for an
16election,
the Secretary of State shall provide a means to access
17online information about the committee’s top 10 contributors
18reported to the Fair Political Practices Commission pursuant to
19subdivision (a) of Section 84223 of the Government Code.
20(D) Notwithstanding paragraph (1) of subdivision (c) of Section
2184223 of the Government Code, the Fair Political Practices
22Commission shall automatically provide any list of top 10
23contributors created pursuant to Section 84223 of the Government
24Code, and any subsequent updates to that list, to the Secretary of
25State for purposes of compliance with this section.
26(4) Any other information deemed relevant by the Secretary of
27State.
Section 9082.7 of the Elections Code is amended
30to read:
(a) The Secretary of State shall make available the
32complete state ballot pamphlet over the Internet. The onlinebegin delete verisonend delete
33begin insert versionend insert of the state ballot pamphlet shall contain all of the
34following:
35(1) For each candidate listed in the pamphlet, a means to access
36campaign contribution disclosure reports for the candidate that are
37available online.
38(2) For each state ballot measure listed in the pamphlet, a means
39to
access the consolidated information specified in subdivision
40(b).
P17 1(b) The Secretary of State shall create an Internet Web site, or
2use other available technology, to consolidate information about
3each state ballot measure in a manner that is easy for voters to
4access and understand. The information shall include all of the
5following:
6(1) A summary of the ballot measure’s content.
7(2) The total amount of reported contributions made in support
8of and opposition to the ballot measure, calculated and updated as
9follows:
10(A) (i) The total amount of contributions in support of the ballot
11measure shall be calculated by adding together the total
amounts
12of contributions made in support of the ballot measure and reported
13in semiannual statements required by Section 84200 of the
14Government Code, preelection statements required by Section
1584200.5 of the Government Code, campaign statements required
16by Section 84202.3 of the Government Code, and late contribution
17reports required by Section 84203 of the Government Codebegin delete,end delete that
18are reported within 16 days of the election at which the measure
19will appear on the ballot.
20(ii) The total amount of contributions in opposition to the ballot
21measure shall be calculated by adding together the total amounts
22of contributions made in opposition to the ballot measure and
23reported in semiannual statements required by Section 84200 of
24the Government Code, preelection
statements required by Section
2584200.5 of the Government Code, campaign statements required
26by Section 84202.3 of the Government Code, and late contribution
27reports required by Section 84203 of the Government Codebegin delete,end delete that
28are reported within 16 days of the election at which the measure
29will appear on the ballot.
30(iii) For purposes of determining the total amount of reported
31contributions pursuant to this subparagraph, the Secretary of State
32shall, to the extent practicable with respect to committees primarily
33
formed to support or oppose a ballot measure, do both of the
34following:
35(I) Ensure that transfers of funds between primarily formed
36committees are not counted twice.
37(II) Treat a contribution made to a primarily formed committee
38that supports or opposes more than one state ballot measure as if
39the total amount of that contribution was made for each state ballot
40measure that the committee supports or opposes.
P18 1(B) The total amount of reported contributions calculated under
2this paragraph for each state ballot measure shall be updated not
3later than five business days after receipt of a semiannual statement,
4campaign statement, or preelection statement and not later than
5two business days after receipt of a
late contribution report within
616 days of the election at which the measure will appear on the
7ballot.
8(C) The total amount of reported contributions calculated under
9this paragraph for each state ballot measure shall be accompanied
10by an explanation that the contribution totals may be overstated
11due to the inclusion of contributions made to committees
12supporting or opposing more than one state ballot measure, as
13required by subclause (II) of clause (iii) of subparagraph (A).
14(3) A current list of the top 10 contributors supporting and
15opposing the ballot measure, if compiled by the Fair Political
16Practices Commission pursuant to subdivision (e) of Section 84223
17of the Government Code.
18(4) (A) A list of each committee primarily formed to support
19or oppose the ballot measure, as described in Section 82047.5 of
20the Government Code, and a means to access information about
21the sources of funding reported for each committee.
22(B) Information about the sources of contributions shall be
23updated as new information becomes available to the public
24pursuant to the Political Reform Act of 1974 (Title 9 (commencing
25with Section 81000) of the Government Code).
26(C) If a committee identified in subparagraph (A) receives one
27million dollars ($1,000,000) or more in contributions for an
28election, the Secretary of State shall provide a means to access
29online information about the committee’s top 10 contributors
30reported to the Fair Political Practices Commission pursuant to
31subdivision
(a) of Section 84223 of the Government Code.
32(D) Notwithstanding paragraph (1) of subdivision (c) of Section
3384223 of the Government Code, the Fair Political Practices
34Commission shall automatically provide any list of top 10
35contributors created pursuant to Section 84223 of the Government
36Code, and any subsequent updates to that list, to the Secretary of
37State for purposes of compliance with this section.
38(5) Any other information deemed relevant by the Secretary of
39State.
begin insertSection 9082.7 of the end insertbegin insertElections Codeend insertbegin insert is amended
2to read:end insert
begin insert(a)end insertbegin insert end insert The Secretary of State shallbegin delete disseminateend deletebegin insert make
4availableend insert the complete state ballot pamphlet over the Internet.begin insert The
5online version of the state ballot pamphlet shall contain all of the
6following:end insert
7(1) For each candidate listed in the pamphlet, a means to access
8campaign contribution disclosure reports for the candidate that
9are available online.
10(2) For each state ballot measure listed in the pamphlet, a means
11to access the consolidated information specified in subdivision
12(b).
13(b) The Secretary of State shall create an Internet Web site, or
14use other available technology, to consolidate information about
15each state ballot measure in a manner that is easy for voters to
16access and understand. The information shall include all of the
17following:
18(1) A summary of the ballot measure’s content.
end insertbegin insert
19(2) The total amount of reported contributions made in support
20of and opposition to the ballot
measure, calculated and updated
21as follows:
22(A) (i) The total amount of contributions in support of the ballot
23measure shall be calculated by adding together the total amounts
24of contributions made in support of the ballot measure and reported
25in semiannual statements required by Section 84200 of the
26Government Code, preelection statements required by Section
2784200.5 of the Government Code, campaign statements required
28by Section 84202.3 of the Government Code, and late contribution
29reports required by Section 84203 of the Government Code that
30are reported within 16 days of the election at which the measure
31will appear on the ballot.
32(ii) The total amount of contributions in opposition to the ballot
33measure shall be calculated by adding together the total amounts
34of contributions made in opposition to the ballot measure and
35reported in semiannual statements
required by Section 84200 of
36the Government Code, preelection statements required by Section
3784200.5 of the Government Code, campaign statements required
38by Section 84202.3 of the Government Code, and late contribution
39reports required by Section 84203 of the Government Code that
P20 1are reported within 16 days of the election at which the measure
2will appear on the ballot.
3(iii) For purposes of determining the total amount of reported
4contributions pursuant to this subparagraph, the Secretary of State
5shall, to the extent practicable with respect to committees primarily
6formed to support or oppose a ballot measure, do both of the
7following:
8(I) Ensure that transfers of funds between primarily formed
9committees are not counted twice.
10(II) Treat a contribution made to a primarily formed committee
11that supports or opposes
more than one state ballot measure as if
12the total amount of that contribution was made for each state ballot
13measure that the committee supports or opposes.
14(B) The total amount of reported contributions calculated under
15this paragraph for each state ballot measure shall be updated not
16later than five business days after receipt of a semiannual
17statement, campaign statement, or preelection statement and not
18later than two business days after receipt of a late contribution
19report within 16 days of the election at which the measure will
20appear on the ballot.
21(C) The total amount of reported contributions calculated under
22this paragraph for each state ballot measure shall be accompanied
23by an explanation that the contribution totals may be overstated
24due to the inclusion of contributions made to committees supporting
25or opposing more than one state ballot measure, as required by
26
subclause (II) of clause (iii) of subparagraph (A).
27(3) A current list of the top 10 contributors supporting and
28opposing the ballot measure, if compiled by the Fair Political
29Practices Commission pursuant to subdivision (e) of Section 84223
30of the Government Code.
31(4) (A) A list of each committee primarily formed to support
32or oppose the ballot measure, as described in Section 82047.5 of
33the Government Code, and a means to access information about
34the sources of funding reported for each committee.
35(B) Information about the sources of contributions shall be
36updated as new information becomes available to the public
37pursuant to the Political Reform Act of 1974 (Title 9 (commencing
38with Section 81000) of the Government Code).
39(C) If
a committee identified in subparagraph (A) receives one
40million dollars ($1,000,000) or more in contributions for an
P21 1election, the Secretary of State shall provide a means to access
2online information about the committee’s top 10 contributors
3reported to the Fair Political Practices Commission pursuant to
4subdivision (a) of Section 84223 of the Government Code.
5(D) Notwithstanding paragraph (1) of subdivision (c) of Section
684223 of the Government Code, the Fair Political Practices
7Commission shall automatically provide any list of top 10
8contributors created pursuant to Section 84223 of the Government
9Code, and any subsequent updates to that list, to the Secretary of
10State for purposes of compliance with this section.
11(5) Any other information deemed relevant by the Secretary of
12State.
13(c) This section shall remain in effect only until December 31
14of the year in which the statewide Internet-based system established
15pursuant to Section 84620 of the Government Code becomes
16operational, as certified by the Secretary of State, and as of that
17date is repealed.
begin insertSection 9082.7 of the end insertbegin insertElections Codeend insertbegin insert is amended
19to read:end insert
begin insert(a)end insertbegin insert end insert The Secretary of State shallbegin delete disseminateend deletebegin insert make
21availableend insert the complete state ballot pamphlet over the Internet.begin insert The
22online version of the state ballot pamphlet shall contain all of the
23following:end insert
24(1) For each candidate listed in the pamphlet, a means to access
25campaign contribution disclosure reports for the candidate that
26are available online.
27(2) For each state ballot measure listed in the pamphlet, a means
28to access the consolidated information specified in subdivision
29(b).
30(b) The Secretary of State shall create an Internet Web site, or
31use other available technology, to consolidate information about
32each state ballot measure in a manner that is easy for voters to
33access and understand. The information shall include all of the
34following:
35(1) A summary of the ballot measure’s content.
end insertbegin insert
36(2) The total amount of reported contributions made in support
37of and opposition to the ballot measure, calculated and updated
38as follows:
39(A) (i) The total amount of contributions in support of the ballot
40measure shall be calculated by adding together the total amounts
P22 1of contributions made in support of the ballot measure and reported
2in semiannual statements required by Section 84200 of the
3Government Code, quarterly campaign statements required by
4Section 84200.3 of the Government Code, preelection statements
5required by Section 84200.5 of the Government Code, and late
6contribution reports required by Section 84203 of the Government
7Code that
are reported within 16 days of the election at which the
8measure will appear on the ballot.
9(ii) The total amount of contributions in opposition to the ballot
10measure shall be calculated by adding together the total amounts
11of contributions made in opposition to the ballot measure and
12reported in semiannual statements required by Section 84200 of
13the Government Code, quarterly campaign statements required
14by Section 84200.3 of the Government Code, preelection statements
15required by Section 84200.5 of the Government Code, and late
16contribution reports required by Section 84203 of the Government
17Code that are reported within 16 days of the election at which the
18measure will appear on the ballot.
19(iii) For purposes of determining the total amount of reported
20contributions pursuant to this subparagraph, the Secretary of State
21shall, to the extent practicable with respect to committees
primarily
22formed to support or oppose a ballot measure, do both of the
23following:
24(I) Ensure that transfers of funds between primarily formed
25committees are not counted twice.
26(II) Treat a contribution made to a primarily formed committee
27that supports or opposes more than one state ballot measure as if
28the total amount of that contribution was made for each state ballot
29measure that the committee supports or opposes.
30(B) The total amount of reported contributions calculated under
31this paragraph for each state ballot measure shall be updated not
32later than five business days after receipt of a semiannual
33statement, quarterly campaign statement, or preelection statement
34and not later than two business days after receipt of a late
35contribution report within 16 days of the election at which the
36measure will appear on
the ballot.
37(C) The total amount of reported contributions calculated under
38this paragraph for each state ballot measure shall be accompanied
39by an explanation that the contribution totals may be overstated
40due to the inclusion of contributions made to committees supporting
P23 1or opposing more than one state ballot measure, as required by
2subclause (II) of clause (iii) of subparagraph (A).
3(3) A current list of the top 10 contributors supporting and
4opposing the ballot measure, if compiled by the Fair Political
5Practices Commission pursuant to subdivision (e) of Section 84223
6of the Government Code.
7(4) (A) A list of each committee primarily formed to support
8or oppose the ballot measure, as
described in Section 82047.5 of
9the Government Code, and a means to access information about
10the sources of funding reported for each committee.
11(B) Information about the sources of contributions shall be
12updated as new information becomes available to the public
13pursuant to the Political Reform Act of 1974 (Title 9 (commencing
14with Section 81000) of the Government Code).
15(C) If a committee identified in subparagraph (A) receives one
16million dollars ($1,000,000) or more in contributions for an
17election, the Secretary of State shall provide a means to access
18online information about the committee’s top 10 contributors
19reported to the Fair Political Practices Commission pursuant to
20subdivision (a) of Section 84223 of the Government Code.
21(D) Notwithstanding paragraph (1) of subdivision (c) of Section
2284223 of the
Government Code, the Fair Political Practices
23Commission shall automatically provide any list of top 10
24contributors created pursuant to Section 84223 of the Government
25Code, and any subsequent updates to that list, to the Secretary of
26State for purposes of compliance with this section.
27(5) Any other information deemed relevant by the Secretary of
28State.
29(c) This section shall become operative on January 1 of the year
30following the year in which the statewide Internet-based system
31established pursuant to Section 84620 of the Government Code
32becomes operational, as certified by the Secretary of State.
Section 9094.5 of the Elections Code is amended to
34read:
(a) The Secretary of State shall establish processes to
36enable a voter to do both of the following:
37(1) Opt out of receiving by mail the state ballot pamphlet
38prepared pursuant to Section 9081.
39(2) When the state ballot pamphlet is available, receive either
40the state ballot pamphlet in an electronic format or an electronic
P24 1notification making the pamphlet available by means of online
2access.
3(b) The processes described in subdivision (a) shall become
4effective only after the Secretary of State certifies that the state
5has a statewide voter registration database
that complies with the
6federal Help America Vote Act of 2002 (42 U.S.C. Sec. 15301 et
7seq.).
8(c) The processes described in subdivision (a) shall not apply
9where two or more registered voters have the same postal address
10unless each voter who shares the same postal address has chosen
11to discontinue receiving the ballot pamphlet by mail.
12(d) The Secretary of State shall also establish a procedure to
13permit a voter to begin receiving the ballot pamphlet by mail again
14after the voter has discontinued receiving it pursuant to subdivision
15(a).
Section 9604 of the Elections Code is amended to
17read:
(a) Notwithstanding any other law, any person may
19engage in good faith bargaining between competing interests to
20secure legislative approval of matters embraced in a statewide or
21local initiative or referendum measure, and the proponents may,
22as a result of these negotiations, withdraw the measure at any time
23before filing the petition with the appropriate elections official.
24(b) In addition to the procedure under subdivision (a), the
25proponents of a statewide initiative or referendum measure may
26withdraw the measure after filing the petition with the appropriate
27elections official at any time before the Secretary of State certifies
28that the measure has qualified for the ballot pursuant to
Section
29
9033.
30(c) Withdrawal of a statewide initiative or referendum measure
31shall be effective upon receipt by the Secretary of State of a written
32notice of withdrawal, signed by all proponents of the measure.
33(d) Withdrawal of a local initiative or referendum measure shall
34be effective upon receipt by the appropriate local elections official
35of a written notice of withdrawal, signed by all proponents of the
36measure.
Section 18621 of the Elections Code is amended to
38read:
Any proponent of an initiative or referendum measure
40or recall petition who seeks, solicits, bargains for, or obtains any
P25 1money or thing of value of or from any person, firm, or corporation
2for the purpose of abandoning the same or stopping the circulation
3of petitions concerning the same, or failing or neglecting or
4refusing to file the measure or petition in the office of the elections
5official or other officer designated by law within the time required
6by law after obtaining the number of signatures required under the
7law to qualify the measure or petition, or withdrawing an initiative
8petition after filing it with the appropriate elections official, or
9performing any act that will prevent or aid in preventing the
10initiative, referendum, or recall proposed from
qualifying as an
11initiative or referendum measure, or resulting in a recall election
12is punishable by a fine not exceeding five thousand dollars ($5,000)
13or by imprisonment pursuant to subdivision (h) of Section 1170
14of the Penal Code for 16 months or two or three years, or in a
15county jail not exceeding one year, or by both that fine and
16imprisonment.
Section 18621 of the Elections Code is amended
18to read:
Any proponent of an initiative or referendum measure,
20recall petition, or political party qualification petition who seeks,
21solicits, bargains for, or obtains any money or thing of value of or
22from any person, firm, or corporation for the purpose of abandoning
23the same or stopping the circulation of petitions concerning the
24same, or failing or neglecting or refusing to file the measure or
25petition in the office of the elections official or other officer
26designated by law within the time required by law after obtaining
27the number of signatures required under the law to qualify the
28measure or petition, or withdrawing an initiative petition after
29filing it with the appropriate elections official, or performing any
30act that will prevent or aid in preventing the
initiative, referendum,
31
recall, or political party proposed from qualifying as an initiative
32or referendum measure, resulting in a recall election, or qualifying
33as a political party by a political party qualification petition is
34punishable by a fine not exceeding five thousand dollars ($5,000)
35or by imprisonment pursuant to subdivision (h) of Section 1170
36of the Penal Code for 16 months or two or three years, or in a
37county jail not exceeding one year, or by both that fine and
38imprisonment.
Section 10.5 of this bill incorporates amendments to
40Section 9031 of the Elections Code proposed by both this bill and
P26 1Assembly Bill 2219. It shall only become operative if (1) both
2bills are enacted and become effective on or before January 1,
32015, (2) each bill amends Section 9031 of the Elections Code,
4and (3) this bill is enacted after Assembly Bill 2219, in which case
5Section 10 of this bill shall not become operative.
Sectionbegin delete 14.5end deletebegin insert 14.3end insert of this bill incorporates amendments
7to Section 9082.7 of the Elections Code proposed by both this bill
8and Senate Bill 844. It shall only become operative if (1) both bills
9are enacted and become effective on or before January 1, 2015,
10(2) each bill amends Section 9082.7 of the Elections Code,begin delete and begin insert (3) Senate Bill 1442 of the 2013-end insertbegin insert14
Regular Session is not
11(3)end delete
12enacted or as enacted does not add Section 84200.3 to the
13Government Code, and (4)end insert this bill is enacted after Senate Bill
14844, in which casebegin delete Section 14end deletebegin insert
Sections 14, 14.5, and 14.7end insert of this
15bill shall not become operative.
Section 14.5 of this bill incorporates amendments to
17Section 9082.7 of the Elections Code proposed by both this bill
18and Senate Bill 844. It shall only become operative if (1) both bills
19are enacted and become effective on or before January 1, 2015,
20(2) each bill amends Section 9082.7 of the Elections Code, (3)
21Senate Bill 1442 of the 2013-14 Regular Session is enacted and
22as enacted adds Section 84200.3 to the Government Code, and (4)
23this bill is enacted after Senate Bill 844, in which case Sections
2414 and 14.3 of this bill shall not become operative.
Section 14.7 of this bill incorporates amendments to
26Section 9082.7 of the Elections Code proposed by both this bill
27and Senate Bill 844. It shall only become operative if (1) both bills
28are enacted and become effective on or before January 1, 2015,
29(2) each bill amends Section 9082.7 of the Elections Code, (3)
30Senate Bill 1442 of the 2013-14 Regular Session is enacted and
31as enacted adds Section 84200.3 to the Government Code, (4) the
32condition specified in subdivision (c) of Section 9082.7 of the
33Elections Code as amended by Section 14.7 of this bill is satisfied,
34and (5) this bill is enacted after Senate
Bill 844, in which case
35Sections 14 and 14.3 of this bill shall not become operative.
Section 17.5 of this bill incorporates amendments to
38Section 18621 of the Elections Code proposed by both this bill
39and Senate Bill 1043. It shall only become operative if (1) both
40bills are enacted and become effective on or before January 1,
P27 12015, (2) each bill amends Section 18621 of the Elections Code,
2and (3) this bill is enacted after Senate Bill 1043, in which case
3Section 17 of this bill shall not become operative.
No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.
O
92