BILL NUMBER: SB 1253 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 29, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN ASSEMBLY AUGUST 21, 2014
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
INTRODUCED BY Senator Steinberg
(Coauthors: Senators Galgiani, Leno, Lieu, and Wolk)
(Coauthors: Assembly Members Gatto, 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, 9094.5, 9604, and 18621 of the
Elections Code, relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1253, 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.
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.
(d) 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.
SEC. 14.3. 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. The online version
of the state ballot pamphlet shall contain all of the following:
(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.
(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision (b).
(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) The total amount of reported contributions made in support of
and opposition to the ballot measure, calculated and updated as
follows:
(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.
(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.
(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:
(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.
(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.
(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.
(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).
(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.
(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.
(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 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.
(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.
(5) Any other information deemed relevant by the Secretary of
State.
SEC. 14.5. 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. The online version
of the state ballot pamphlet shall contain all of the following:
(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.
(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision (b).
(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) The total amount of reported contributions made in support of
and opposition to the ballot measure, calculated and updated as
follows:
(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.
(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.
(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:
(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.
(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.
(B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than 5 business days after receipt of a semiannual statement,
campaign statement, or preelection statement and not later than 2
business days after receipt of a late contribution report within 16
days of the election at which the measure will appear on the ballot.
(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).
(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.
(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.
(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 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.
(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.
(5) Any other information deemed relevant by the Secretary of
State.
(c) This section shall remain in effect only until December 31 of
the year in which the statewide Internet-based system established
pursuant to Section 84620 of the Government Code becomes operational,
as certified by the Secretary of State, and as of that date is
repealed.
SEC. 14.7. 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. The online version
of the state ballot pamphlet shall contain all of the following:
(1) For each candidate listed in the pamphlet, a means to access
campaign contribution disclosure reports for the candidate that are
available online.
(2) For each state ballot measure listed in the pamphlet, a means
to access the consolidated information specified in subdivision (b).
(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) The total amount of reported contributions made in support of
and opposition to the ballot measure, calculated and updated as
follows:
(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, quarterly campaign statements required by Section 84200.3 of
the Government Code, preelection statements required by Section
84200.5 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.
(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, quarterly campaign statements required by Section 84200.3 of
the Government Code, preelection statements required by Section
84200.5 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.
(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:
(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.
(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.
(B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than 5 business days after receipt of a semiannual statement,
quarterly campaign statement, or preelection statement and not later
than 2 business days after receipt of a late contribution report
within 16 days of the election at which the measure will appear on
the ballot.
(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).
(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.
(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.
(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 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.
(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.
(5) Any other information deemed relevant by the Secretary of
State.
(c) This section shall become operative on January 1 of the year
following the year in which the statewide Internet-based system
established pursuant to Section 84620 of the Government Code becomes
operational, as certified by the Secretary of State.
SEC. 15. 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).
SEC. 16. 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.
SEC. 17. 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.
SEC. 17.5. 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.
SEC. 18. 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.
SEC. 19. Section 14.3 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, (3) Senate Bill
1442 of the 2013-14 Regular Session is not enacted or as enacted does
not add Section 84200.3 to the Government Code, and (4) this bill is
enacted after Senate Bill 844, in which case Sections 14, 14.5, and
14.7 of this bill shall not become operative.
SEC. 20. 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, (3) Senate Bill
1442 of the 2013-14 Regular Session is enacted and as enacted adds
Section 84200.3 to the Government Code, and (4) this bill is enacted
after Senate Bill 844, in which case Sections 14 and 14.3 of this
bill shall not become operative.
SEC. 21. Section 14.7 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, (3) Senate Bill
1442 of the 2013-14 Regular Session is enacted and as enacted adds
Section 84200.3 to the Government Code, (4) the condition specified
in subdivision (c) of Section 9082.7 of the Elections Code as amended
by Section 14.7 of this bill is satisfied, and (5) this bill is
enacted after Senate Bill 844, in which case Sections 14 and 14.3 of
this bill shall not become operative.
SEC. 22. Section 17.5 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 17 of
this bill shall not become operative.
SEC. 23. 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.