BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1253|
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THIRD READING
Bill No: SB 1253
Author: Steinberg (D), et al.
Amended: 5/27/14
Vote: 21
SENATE ELECTIONS & CONSTITUTIONAL AMEND. COMM. : 4-1, 4/22/14
AYES: Torres, Hancock, Jackson, Padilla
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/14
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Initiative measures
SOURCE : California Common Cause
League of Women Voters of California
DIGEST : This bill makes several changes to the initiative
process including providing a 30-day public review process,
extending the timeframe allowed for circulating a petition, and
allowing the withdrawal of a petition at any time before the
measure qualifies for the ballot; and makes several other
changes to the procedures and requirements for placing an
initiative petition measure on the ballot.
ANALYSIS : Existing law:
1.Establishes specific procedures and requirements for placing
an initiative petition measure on the ballot.
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2.Requires the Secretary of State (SOS) 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.
3.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.
4.Requires the SOS 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.
5.Requires the SOS 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.
6.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.
7.Requires that state initiative petitions circulated for
signature include a prescribed notice to the public.
8.Makes certain activities relating to the circulation of an
initiative referendum, or recall petition a criminal offense.
This bill:
1. Imposes specified requirements with respect to the ballot
materials required to be prepared by the Attorney General
(AG). This bill requires the AG to do the following:
A. Upon receipt of a request from the proponents of a
proposed initiative measure for a circulating title and
summary, the AG shall initiate a 30-day public review
process of the proposal.
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B. Post the text of the proposed initiative measure on the
AG's Internet Web site.
C. Promote public participation by inviting on the AG's
Internet Web site written public comments on the proposed
initiative measure, and allow the site to accept written
public comments for the duration of the public review
period. Public comments may address perceived errors in
the drafting of, or perceived unintended consequences of,
the proposed initiative measure. Requires the AG to
transmit any written public comments received during the
public review period to the proponents of the proposed
initiative measure.
D. Allow proponents of the proposed initiative measure,
during the public review period, to submit amendments to
the measure. An amendment shall be submitted to the AG's
Sacramento Office via United States Postal Service.
Provides that an amendment shall not be accepted more than
five days after the public review period is concluded,
however a proponent is not prohibited from proposing a new
initiative measure and requesting that a circulating title
and summary be prepared for that measure.
1. Requires the AG to provide a ballot title and summary
written in clear and concise terms, understandable to the
average voter, and in an objective and nonpartisan manner,
avoiding the use of technical terms whenever possible, and
also requires the following be satisfied:
A. If the measure imposes or increases a tax or fee, the
type and amount of the tax or fee shall be described.
B. If the measure repeals existing law in any substantial
manner, that fact shall be included.
C. If the measure is contingent on the passage or defeat of
another measure or statute, that fact shall be included.
1. Requires the AG to invite and consider public comment in
preparing each ballot title and summary.
2. Requires the Legislature to provide the AG with sufficient
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funding for administrative and other support relating to
preparation of the ballot title and summary for initiative
measures, including, but not limited to, plain-language
specialists.
3. Provides that the submission of an amendment shall not
extend the period to prepare the fiscal estimate.
4. Requires the prepared circulating title and summary to be
not less than 25 words and not more than 150 words in length.
5. Requires the fiscal estimate be prepared jointly by the DOF
and the Legislative Analyst and further provides that the
fiscal estimate be delivered to the AG within 45 days of the
date of receipt of the proposed initiative measure.
6. Extends 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.
7. Requires the SOS, on the 131st day before an election, to
issue a certificate identifying each initiative measure for
which he or she issued a notice of qualification for a given
election.
8. Requires the SOS 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, upon collection
of 25 percent of the number of signatures needed to qualify
the initiative measure for the ballot.
9. Requires the appropriate committees of the Senate and
Assembly to hold joint public hearing 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.
10.Requires the SOS to establish processes to enable a voter to
receive the state ballot pamphlet in an electronic format
instead of by mail, and also requires the SOS to create an
Internet Web site, or use other available technology, to
consolidate information about each ballot measure in a manner
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that is easy for voters to access and understand. The
information shall include:
A. A summary of each ballot measure's content.
B. A list of each committee formed or existing primarily to
support or oppose the ballot measure, and a means to access
information about the sources of contributions reported for
each committee.
C. Information about the sources of contributions is
required to be updated as new information becomes available
to the public pursuant to the Political Reform Act of 1974.
D. If a committee receives at least $1 million in
contributions for an election, the SOS shall also list the
committee's top 10 contributors reported to the FPPC.
E. The FPPC shall automatically provide the list of top 10
contributors, and any subsequent updates to that list, to
the SOS for purposes of compliance.
F. Any other Internet Web site hyperlinks to other relevant
information.
1. Authorizes the proponents of a statewide initiative or
referendum measure to have the measure withdrawn from the
ballot at any time before the SOS certifies that the measure
has qualified for the ballot.
2. Requires 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.
3. Makes 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.
4. Finds and declares all of the following:
A. Initiative measures, also known as ballot measures or
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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 the
Ballot Initiative Transparency Act (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 SOS will 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 gives
voters updated information about who is spending large
sums of money to support or oppose each initiative
measure. Voters will 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. This Act requires 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 gives voters an
opportunity to comment on an initiative measure before
the petition is circulated for signatures. 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 also
allows 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.
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Background
The Initiative and Referendum Institute . According to the
iandrinstitute.org, although the initiative process is different
in every state, there are certain aspects of the process that
are common to all. The five basic steps to any initiative are:
Preliminary filing of a proposed initiative with a designated
state official;
Review of the initiative for compliance with statutory
requirements prior to circulation;
Circulation of the petition to obtain the required number of
signatures;
Submission of the petition signatures to the state elections
official for verification of the signatures; and
The placement of the initiative on the ballot and subsequent
vote.
The following is a national comparison on pre-circulation filing
requirements and review processes: Prior to circulating a
petition, the proposed initiative and a request to circulate
must be submitted to the designated public officer such as the
Lieutenant Governor, Attorney General or Secretary of State for
approval. Nine states require the proposed initiative to be
submitted with a certain number of signatures, ranging from five
in Montana to 100 in Alaska. Five states require a deposit that
is refunded when the completed petition has been filed.
Depending, on the state the petition may be reviewed for form,
language and/or constitutionality. Ten states require the
Secretary of State's office or the Attorney General to review
initiatives for proper form only. Twelve states require some
form of pre-circulation/certification review regarding language,
content or constitutionality.
However, in all but four of these states, the results of the
review are advisory only. In Arkansas, the Attorney General has
authority to reject a proposal if it utilizes misleading
terminology. In Utah, the Attorney General can reject an
initiative if it is patently unconstitutional, nonsensical, or
if the proposed law could not become law if passed. In Oregon,
the Attorney General can stop an initiative from circulating if
he believes it violates the single amendment provision for
initiatives and in Florida, the State Supreme Court, during its
mandatory review, can stop an initiative if it is
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unconstitutional or violates the state's very strict single
subject requirement.
Circulation periods range from as brief as 64 days in
Massachusetts to an unlimited duration, though there are limits
on how long a petition signature is valid. Most states also
have deadlines for submitting initiative petitions, so that
officials will have time to verify the signatures, publish the
initiative, and prepare the ballot. Arkansas, Ohio and Utah
have no time limit for signature gathering. Oklahoma at 90
days, California at 150 days, and Massachusetts at 64 days have
the shortest circulation periods. It is unknown if any of the
24 states provides opportunity during the process for the
proponent to withdraw a proposal at any time before the measure
qualifies for the ballot.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, annual costs
of $114,326 to AG's Office (General Fund).
The AG's Office indicates the need for one personnel year at
Associate Governmental Program Analyst position to handle the
additional workload related to monitoring the required public
comment section and associated duties.
The SOS has indicated that amending the initiative qualification
process will have minor cost implications for providing notice
to the Legislature and providing a certification of all voter
initiated measures that qualify for the ballot.
SUPPORT : (Verified 5/27/14)
California Common Cause (co-source)
League of Women Voters of California (co-source)
AARP
California Calls
California Chamber of Commerce
California Church IMPACT
California Forward Action Fund
California State Employees Association
NAACP
RFK Democratic Club
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Think Long Committee for California
Yucaipa-Calimesa Democratic Club
ARGUMENTS IN SUPPORT : According to the author:
The changes in this bill are similar to the recommendations
made twenty years ago by the Citizen's Commission on Ballot
Initiatives. The current 150 days to gather signature does
not provide enough time for public input or changes to the
initiative language. This bill extends the time allowed to
gather signatures and establishes a prequalification
process. The prequalification process includes the ability
to amend an initiative before it appears on the ballot as
long as the changes are consistent with the original
intent. The prequalification process also engages the
Legislature earlier in the process.
Presently, there is not a sufficient review process of
initiatives by the public or the Legislature where either
is able to provide greater input and suggest amendments or
correct flaws before the measure is printed on the ballot.
Implementing a better public review process before the
title and summary process by the AG and allowing the
Legislature to hold a hearing after 25% of signatures are
collected helps address this deficiency. Also, the concern
that voters are asked to decide important issues through
the initiative process without adequate information is
real. This bill aims to provide clearer and more thorough
information.
Another problem in current law is inability for a proponent
to withdraw their own initiative. As described in the
previous section, if a proponent of an initiative pursues
an alternative path to solving an issue - specifically
through compromise through the legislative process - there
is no mechanism for the proponent to remove their own
ballot initiative after it's been qualified.
RM:nl 5/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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