BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1253
                                                                  Page  1

          Date of Hearing:   June 24, 2014

                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
                                  Paul Fong, Chair
                   SB 1253 (Steinberg) - As Amended:  June 17, 2014

           SENATE VOTE  :   29-8
           
          SUBJECT  :   Initiative measures.

           SUMMARY  :   Makes significant changes to the initiative process.   
          Specifically,  this bill  :   

          1)Makes minor modifications to provisions of law that prescribe  
            how words are counted for the purposes of various provisions  
            of the Elections Code, including for the word limit on a  
            ballot title and summary. 

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

             a)   Posting the text of the proposed initiative measure on  
               the AG's Internet Web site; and,

             b)   Inviting, and providing for the submission of, written  
               public comments on the proposed initiative measure on the  
               AG's Internet Web site.  Requires the site to accept  
               written public comments for the duration of the public  
               review period.  Requires the written comments to be public  
               records, available for inspection upon request pursuant to  
               existing law, but prohibits the written comments from being  
               displayed to the public on the AG's Internet Web site  
               during the public review period.  Requires the AG to  
               transmit any written public comments received during the  
               public review period to the proponents of the proposed  
               initiative measure. 

          3)Permits proponents of the proposed initiative measure, during  
            the public review period, to submit amendments to the measure.  
             Prohibits the submission of an amendment from extending the  
            period to prepare the fiscal estimate required by current law.  
             Prohibits an amendment from being accepted more than five  








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            days after the public review period is concluded.  Provides  
            that 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 existing law.  


          4)Deletes provisions of law that require the fiscal estimate or  
            opinion of the proposed initiative measure be prepared by the  
            Department of Finance (DOF) and the Joint Legislative Budget  
            Committee (JLBC) and instead requires the estimate to be  
            prepared by the DOF and the Legislative Analyst.  Requires the  
            fiscal estimate to be delivered to the AG within 50 days of  
            the date of receipt of the proposed measure by the AG, instead  
            of 25 working days from the date the AG receives the final  
            version of the proposed measure.

          5)Requires the ballot title and summary to satisfy all of the  
            following:

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

             b)   If the measure imposes or increases a tax or fee, the  
               type and amount of the tax or fee must be described;

             c)   If the measure repeals existing law in an substantial  
               manner, that fact shall be included; and, 

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

          6)Requires the AG to invite and consider public comment in  
            preparing each ballot title and summary.

          7)Requires the Legislature to provide the AG with sufficient  
            funding for administrative and other support relating to  
            preparation of the ballot title and summary for initiative  
            measures, including, but not limited to, plain-language  
            specialists.

          8)Extends the period of time that a proposed initiative measure  
            petition may be circulated from 150 days to 180 days.  









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

          10)Deletes provisions of law that require a proposed initiative  
            or referendum measure petition to be deemed filed and  
            qualified on the date the SOS receives a certificate or  
            certificates from all the county elections officials showing  
            the petition is signed by the requisite number of voters of  
            the state and instead provides that upon the issuance of a  
            certificate of qualification, an initiative or referendum  
            measure is deemed qualified for the ballot.

          11)Requires the SOS, in the case of an initiative measure, to  
            identify the date of the next statewide general election as  
            defined by current law, or the next statewide special  
            election, that will occur not less than 131 days after the  
            date the SOS receives a petition certified to have been signed  
            by the requisite number of voters.  

          12)Requires the SOS, on the 131st day prior to the date of the  
            election identified, to 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;

             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; and,

             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 and publish  
               the list on the SOS's Internet Web site.

          13)Requires the SOS, in the case of a referendum measure, upon  
            the receipt of a petition certified to have been signed by the  
            requisite number of qualified voters, to do all of the  
            following:

             a)   Issue a certificate of qualification certifying that the  








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               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; and

             c)   Include the referendum measure in a list of all  
               statewide referendum measures that are qualified for the  
               ballot and publish the list on the SOS's Internet Web site.  


          14)Permits proponents of a statewide initiative or referendum  
            measure to withdraw the measure after filing the petition with  
            the appropriate elections official at any time before the  
            measure qualifies for the ballot.

          15)Requires a state or local initiative petition to contain a  
            statement informing voters that the proponents have the right  
            to withdraw the petition at any time before the SOS certifies  
            that the measure has qualified for the ballot.  

          16)Deletes provisions of law that require Senate and Assembly  
            committees to hold a joint public hearing on the subject of  
            each initiative measure that qualifies for the ballot before  
            the 30th day prior to the date of the election and instead  
            requires the Senate and Assembly committees to hold a joint  
            public hearing on the subject of each initiative measure not  
            later than 131 days before the date of the election at which  
            the measure is to be voted upon. 

          17)Requires the SOS to 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.  Requires the information to include  
            all of the following:

             a)   A summary of the ballot measure's content; 

             b)   A current list of the top 10 contributors supporting and  
               opposing the ballot measure, as compiled by the Fair  
               Political Practices Commission (FPPC) pursuant to existing  
               law; 

             c)   A list of each committee primarily formed to support or  








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               oppose the ballot measure pursuant to existing law, and a  
               means to access information about the sources of  
               contributions reported to each committee; and,

             d)   Any other information deemed relevant by the SOS.

          18)Requires information about sources of contributions to be  
            updated as new information becomes available to the public  
            pursuant to existing law.  

          19)Requires the SOS, if a committee identified above receives at  
            least one million dollars ($1,000,000) in contributions for an  
            election, to provide a means to access online information  
            about the committee's top 10 contributors reported to the FPPC  
            pursuant to current law.  Requires the FPPC to automatically  
            provide any list of top 10 contributors, and any subsequent  
            updates to that list, to the SOS for purposes of compliance  
            with this section.

          20)Extends the time period that the SOS must make the ballot  
            pamphlet available for public examination from 20 days to 25  
            days. 
           
          21)Requires the SOS to establish processes to enable a voter to  
            do both of the following:

             a)   Opt out of receiving the state ballot pamphlet by mail  
               pursuant to existing law; and

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

          22)Requires the processes described above to become effective  
            only after the SOS has certified that the state has a  
            statewide voter registration database that complies with the  
            federal Help America Vote Act of 2002 (HAVA).  

          23)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 purposes of withdrawing an initiative petition after  
            filing it with the appropriate elections official.









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          24)Makes other conforming changes.

          25)Creates the Ballot Initiative Transparency Act (Act) and  
            makes the following Legislative findings and declarations:

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

               i)     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.

               ii)    Providing a voter-friendly explanation of each  
                 initiative measure.  This Act requires that ballot  
                 materials be drafted in clear and impartial language.

               iii)   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. 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 will give the Legislature the  








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                 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.

           EXISTING LAW  :

          1)Defines a ballot title and summary to mean the summary of the  
            chief purpose and points, including the fiscal impact summary,  
            of any measure that appears in the state ballot pamphlet.  

          2)Defines a circulating title and summary to mean the text that  
            is required to be placed on the petition for signatures that  
            is either of the following:

             a)   The summary of the chief purpose and points of a  
               proposed initiative measure that affects the Constitution  
               or laws of the state, and the fiscal impact of the proposed  
               initiative measure; or, 

             b)   The summary of the chief purpose and points of a  
               referendum measure that affects a law or laws of the state.  
                

          3)Requires the proponents of a proposed initiative or referendum  
            measure to submit the text of the proposed measure to the AG  
            with a written request that a circulating title and summary of  
            the measure be prepared, prior to circulating the petition for  
            signatures.  Requires proponents of any initiative measure, at  
            the time of submitting the text of the proposed initiative  
            measure to the AG, to pay a fee of two hundred dollars ($200).

          4)Requires the AG to 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 that proposed measure.

          5)Requires the AG to provide a copy of the circulating title and  
            summary to the SOS within 15 days after receipt of the final  
            version of a proposed initiative measure, or if a fiscal  
            estimate or opinion is to be included, within 15 days after  
            receipt of the fiscal estimate or opinion prepared by the DOF  
            and the JLBC.  Requires the DOF and the JLBC to deliver the  








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            fiscal estimate to the AG within 25 working days from the date  
            of receipt of the final version of the proposed measure.

          6)Requires the SOS, upon request of the proponents of an  
            initiative measure which is to be submitted to the voters, to  
            review the provisions of the initiative measure after it is  
            prepared prior to its circulation.  Requires the SOS, in  
            conducting the review, to analyze and comment on the  
            provisions of the measure with respect to form and language  
            clarity and request and obtain a statement of fiscal impact  
            from the Legislative Analyst.  Provides that the review  
            performed shall be for the purpose of suggestion only and  
            shall not have any binding effect on the proponents of the  
            initiative measure.

          7)Requires the Legislative Counsel to cooperate with the  
            proponents of an initiative measure in its preparation when  
            requested in writing by 25 or more electors proposing the  
            measure when, in the judgment of the Legislative Counsel,  
            there is reasonable probability that the measure will be  
            submitted to the voters of the State under the laws relating  
            to the submission of initiatives. 

          8)Allows the proponents of a proposed initiative measure to  
            amend the proposed measure prior to the preparation of a  
            circulating title and summary, as specified.

          9)Defines official summary date to mean the date a circulating  
            title and summary of a proposed 
          initiative measure is delivered or mailed by the AG to the  
            proponents of the proposed measure.  

          10)Prohibits a petition for a proposed statewide initiative or  
            referendum from being circulated prior to the official summary  
            date.  Requires a petition with signatures on a proposed  
            initiative measure to be filed with the county elections  
            official no later than 150 days from the official summary  
            date.  

          11)Requires that state initiative petitions circulated for  
            signature to include a prescribed notice to the public.

          12)Provides that an initiative or referendum measure petition is  
            deemed filed and the measure qualified on the date that the  
            SOS receives certificates from all of the county elections  








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            officials showing that the petition has been signed by the  
            requisite number of voters.  

          13)Requires the SOS to notify the proponents, and immediately  
            transmit to the elections official or registrar of voter of  
            every county or city and county in the state a certificate,  
            when the SOS has received from one or more elections officials  
            or registrars a petition certified to have been signed by the  
            requisite number of qualified voters.

          14)Requires the SOS, upon certification of an initiative measure  
            to appear on the ballot, to transmit copies of an initiative  
            measure and its circulating title and summary to the Senate  
            and the Assembly.  
           
          15)Requires that each house of the Legislature assign the  
            initiative measure to its appropriate committees.  Requires  
            the committees to hold a joint public hearing on the subject  
            of the proposed measure prior to the date of the election at  
            which the measure is to be voted upon.  Prohibits a hearing  
            from being held within 30 days prior to the date of the  
            election. 

          16)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,  
            as specified.

          17)Requires the SOS to submit an initiative measure at the next  
            general election held at least 131 days after it qualifies or  
            at any special statewide election held prior to that general  
            election.  Permits the Governor to call a special statewide  
            election for the measure.

          18)Requires the SOS to submit a referendum measure at the next  
            general election held at least 31 days after it qualifies or  
            at a special statewide election held prior to that general  
            election.  Permits the Governor to call a special statewide  
            election for the measure.

          19)Provides that a "general election" means only the election  
            held throughout the state on the first Tuesday after the first  
            Monday in November of each even-numbered year with respect to  
            an initiative or referendum, as specified.   Prohibits an  
            initiative measure from being submitted to the voters at a  








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            statewide special election held less than 131 days after the  
            date the measure is certified for the ballot. 

          20)Requires the SOS to disseminate the complete state ballot  
            pamphlet over the Internet.

          21)Requires the SOS to establish a process to enable a voter to  
            opt out of receiving the state ballot pamphlet by mail, as  
            specified.  Requires this process to become effective only  
            after the SOS certifies that the state has a statewide voter  
            registration database that complies with the HAVA.

          22)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.

          23)Makes certain activities relating to the circulation of an  
            initiative, referendum, or recall petition a criminal offense.

          24)Requires a committee that is primarily formed to support or  
            oppose a state ballot measure or state candidate, and that  
            raises one million dollars ($1,000,000) or more for an  
            election, to maintain an accurate list of the committee's top  
            10 contributors, as specified by the FPPC.  Requires a current  
            list of the top 10 contributors to be disclosed on the FPPC's  
            Internet Web site, as specified.  Requires the FPPC to update  
            the top 10 contributor list as specified.  Requires the FPPC  
            to adopt regulations to govern the manner in which the FPPC  
            displays to top 10 contributor lists.  Requires the FPPC to  
            provide the top 10 contributor lists to the SOS, upon request  
            of the SOS, for the purpose of additionally posting the  
            contributor lists on the SOS's Internet Web site.

          25)Requires the FPPC to compile, maintain, and display on its  
            Internet Web site a current list of the top contributors  
            supporting and opposing each state ballot measure, as  
            specified. 

          26)Requires the state ballot pamphlet to contain a written  
            explanation of the top 10 contributor lists described above,  
            including a description of the Internet Web site where the  
            lists are available to the public.  








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           FISCAL EFFECT  :   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 (PY)  
          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.  

          Existing law requires the SOS, upon the completion of VoteCal,  
          to establish a process to allow voters to opt-out of receiving  
          the Voter Information Guide (VIG). This bill would require that,  
          when opting out, the voter would have the option to receive the  
          VIG "in an electronic format." If this is interpreted to mean  
          the SOS will be required to email the VIG to voters electing  
          this option, numerous changes to VoteCal and county election  
          management systems (EMS) would be required. A website function  
          would need to be developed for voters to choose a VIG delivery  
          option of paper, email, or no delivery. Both VoteCal and the  
          county EMS would need to be modified to capture email addresses  
          and store VIG delivery options. Other system changes include the  
          voter registration interface between VoteCal and the EMS,  
          functions for elections officials to extract email addresses,  
          record in the voter record system activity, and more. The costs  
          to modify VoteCal and county EMS systems to send the VIG  
          electronically to those opting out are estimated to be $500,000.  

           
          To the degree that voters elected to either not receive the VIG  
          or to receive it in electronic format, there would be unknown,  
          but significant, printing and postage cost savings. 
           
          Additionally, the SOS indicates the need for two PY's with a  
          first year cost of $215,000 and $205,000 ongoing relating to the  
          provision requiring the online posting of consolidated ballot  
          measure summaries and the top 10 donors.

           COMMENTS  :   









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           1)Purpose of the Bill  :  According to the author:

               Californians, in 1911, won the right to enact legislation  
               through the initiative process, giving them the power equal  
               to the legislative branch of government. The initiative  
               process has been a well-used tool for Californians to act  
               on a broad range of issues. In recent years, voters have  
               been asked to decide on an increasing number of highly  
               complex, sometimes confusing initiatives. Although voters  
               overwhelmingly continue to support the initiative process,  
               they're becoming increasingly concerned over various  
               aspects.

               The Public Policy Institute of California's (PPIC) 2013  
               Statewide Survey results substantiated the public's desire  
               to maintain the initiative process but with targeted  
               improvements. The PPIC survey found that 83% of voters "say  
               the wording of initiatives is often too complicated," 75%  
               of voters favor "giving initiative sponsors more time to  
               qualify initiatives if they use only volunteers to gather  
               signatures," and 77% of voters "support a review and  
               revision process to avoid legal issues and drafting  
               errors." 

               Over the years, the use of the initiative has swelled in  
               frequency - 112 propositions have been put before voters  
               since 2002 - and complexity.  Both are major concerns among  
               voters.  SB 1253 would require ballot title and summaries  
               to be written in non-technical terms that are easily  
               understood by voters. 

               Additionally, SB 1253 establishes a mechanism for public  
               input on changes to an initiative before it qualifies for  
               the ballot. Currently no such mechanism exists. For  
               example, in 1996, Proposition 212 - an ethics and campaign  
               reform initiative - included an unintended provision that  
               repealed a ban on gifts to legislators and other public  
               officials. Unfortunately, proponents were not allowed to  
               fix their mistake and the initiative failed.

               There is also no mechanism for a proponent to remove a  
               ballot initiative in the event the proponent comes to some  
               form of negotiated resolution. Such an instance occurred in  
               2004. The League of Cities qualified a local government  
               protection initiative (Proposition 65) on the ballot.  








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               Before the election, they then came to a compromise through  
               a separate measure with the Legislature and Governor, which  
               also went on the same ballot as Prop 1A. There was no way  
               for the League of Cities to remove Prop 65, resulting in  
               them actively opposing it and supporting Prop 1A. 

               There have been many discussions about the initiative  
               process and possible improvements. SB 1253 takes a  
               reasonable approach to initiative reform that addresses the  
               concerns many Californians have voiced with the current  
               system.  

           2)AG's Process for Preparing Ballot Summaries and Titles  :   
            Before circulating a measure, current law requires initiative  
            proponents to first submit a draft of the proposed initiative  
            or referendum measure to the AG with a written request that a  
            circulating title and summary of the chief purpose of the  
            points of the measure be prepared.  At the time of submitting  
            the draft, current law requires the proponents to pay a $200  
            fee.  Upon receipt of the fee and request, the AG is required  
            to prepare a circulating title, which will be the official  
            title and summary of the proposed measure.  In addition,  
            existing law requires the AG to provide a copy of the title  
            and summary to the SOS within 15 days after receipt of the  
            final version of the proposed initiative measure.  If during  
            that 15-day period, if the proponents submit amendments, other  
            than technical, non-substantive amendments, to the initiative  
            measure, the AG must submit the title and summary to the SOS  
            within 15 days after receipt of such amendments.  In addition,  
            if a fiscal estimate or opinion is required, additional time  
            is allotted and existing law requires the DOF and the JLBC to  
            jointly prepare an estimate, as specified, within 25 working  
            days from the date they receive the final version of the  
            proposed measure.  In practice, the Legislative Analyst  
            typically prepares the fiscal estimate on behalf of the JLBC,  
            and that estimate is reviewed and approved by the DOF.

          When the official title and summary is complete, the AG sends it  
            and the text of the measure to the Senate and the Assembly.  
            The Legislature may conduct public hearings on the proposed  
            initiative measure but cannot amend it. 

          This bill conforms state law to existing practice by requiring  
            the DOF and the Legislative Analyst to prepare the fiscal  
            estimate. In addition, this bill increases the time period  








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            allotted for the fiscal analysis to be prepared from 25  
            working days to 50 days.  

           3)Public Comment  :  In addition to the changes mentioned above,  
            this bill makes other substantial changes to the AG's process.  
             This bill adds a 30 day public review period and requires the  
            AG to post the text of the proposed initiative measure on the  
            AG's Internet Web site and provide for the submission of  
            written public comments on the proposed initiative measure.   
            However, this bill prohibits the written comments from being  
            displayed to the public and instead requires the AG to  
            transmit the written public comments to the proponents of the  
            measure.  According to the author, this establishes a  
            mechanism for the public to provide input on changes to an  
            initiative that could help fix perceived drafting errors and  
            avert perceived unintended consequences of the proposed  
            initiative measure.  

          While the author's goal is laudable, nothing in current law  
            prohibits proponents from posting the initiative text online  
            for public comment.  In addition, there are other avenues in  
            which initiative proponents can obtain assistance when  
            drafting the text of their proposed initiative measure.   
            Current law permits initiative measure proponents to obtain  
            assistance from the Office of the Legislative Counsel in  
            drafting the language of the proposed law. In order to do so,  
            the proponents must obtain the signatures of 25 or more  
            electors on a request for a draft of the proposed law before  
            submitting their proposal to the Legislative Counsel.   
            Moreover, current law allows initiative proponents to submit  
            the text of their proposed initiative measure to the SOS for  
            review, as specified.   Finally, proponents are permitted to  
            seek the assistance of their own private counsel to help draft  
            the text of the proposed law.  In practice, initiative  
            proponents with greater financial resources tend to use  
            private counsel or legal firms that specialize in certain  
            issue areas, such as the Political Reform Act, when drafting  
            the text of a proposed initiative.  

           4)Possibility of "Spot" Initiatives  : During the public review  
            period, this bill permits proponents of a proposed initiative  
            measure to submit amendments to the measure.  However, this  
            bill does not place any limitation on the amendments submitted  
            by the proponents.  Consequently, this bill does not prevent a  
            proponent from receiving public comments on the text of a  








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            "spot" initiative, and then submitting a substantially revised  
            initiative text to the AG after the 30 day public comment  
            period for the ballot title and summary preparation.   This  
            scenario renders the public review process meaningless.   
            Moreover, the proponents of a proposed measure could do this  
            and circumvent paying another $200 filing fee.   

          Furthermore, because this bill does not prevent the submission  
            of a "spot" initiative, the time period that the Legislative  
            Analyst and DOF have to prepare the fiscal estimate could be  
            negatively impacted. This bill, which extends the time for the  
            DOF and the Legislative Analyst to prepare the fiscal estimate  
            from 25 working days to 50 days, also permits the proponents  
            to submit amendments 5 days after the 30 day public review  
            period.  As a result, if the proponents submit an amendment  
            that substantively changes the initiative text, the DOF and  
            Legislative Analyst will only have 15 days to prepare a new  
            fiscal estimate.  

           5)New Title and Summary Criteria  :  When the AG is drafting the  
            title and summary for a proposed initiative measure, current  
            law requires the AG to 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 that proposed measure.   
            This bill adds substantial new requirements on how a ballot  
            title and summary must be drafted.  This bill requires the  
            ballot title and summary to satisfy all of the following  
            criteria:  1) be written in clear and concise terms,  
            understandable to the average voter, and in an objective and  
            nonpartisan manner, avoiding the use of technical terms  
            whenever possible, 2) include the type and amount of the tax  
            and fee if the measure imposes or increases a tax or fee, 3)  
            indicate whether the measure repeals existing law in any  
            substantial manner, and 4) indicate whether the measure is  
            contingent on the passage or defeat of another measure or  
            statute.  According to the author, this bill aims to result in  
            ballot titles and summaries that are written in non-technical  
            terms that are easily understood by voters.  Notwithstanding  
            the author's goal, these new criteria are ambiguous and  
            subjective, and consequently could result in more litigation  
            surrounding the ballot titles and summaries created by the AG.  
             

           6)Initiative and Referendum Qualification Changes  :  Current law  








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            provides that an initiative or referendum measure petition is  
            deemed filed and the measure qualified on the date that the  
            SOS receives certificates from all of the county elections  
            officials showing that the petition has been signed by the  
            requisite number of voters.  This bill makes significant  
            changes to that process and instead provides for a two-step  
            process for initiative measures.  The first step requires the  
            SOS to identify the date of the next statewide general  
            election or the next statewide special election that will  
            occur not less than 131 days after the date the SOS receives a  
            petition certified to have been signed by the requisite number  
            of qualified voters.  Secondly, the SOS waits until the 131st  
            day prior to the date of the election identified to issue a  
            certificate of qualification that the measure, as of that  
            date, is qualified for the ballot at the election identified.   
            Under the provisions of this bill, an initiative or referendum  
            measure is deemed to be qualified for the ballot upon the  
            issuance of a certificate of qualification by the SOS, instead  
            of being qualified on the date that the SOS receives  
            certificates from all of the county elections officials  
            showing that the petition has been signed by the requisite  
            number of voters.  

          There could be a significant amount of time between the date  
            when the SOS receives certificates certifying that the  
            requisite number of voters had signed the petition and the  
            131st day prior to the date of the election identified by the  
            SOS.  According to the author, this two-step process is  
            designed to increase the time between the completion of the  
            verification of signatures on a petition and the date that the  
            measure is technically qualified to appear on the ballot.   
            Allowing a longer period of time between these two steps will  
            provide the initiative proponents more time to negotiate with  
            the Legislature or other entities and perhaps come to an  
            agreement or settlement.  

          In addition, increasing the time period will also provide the  
            proponents with the ability to withdraw the initiative if an  
            agreement or settlement is reached.  Current law permits the  
            proponents of a statewide or local initiative or referendum  
            measure to withdraw the measure at any time before filing the  
            petition with the appropriate elections official.  This bill  
            extends that period of time and permits the proponents of a  
            statewide initiative or referendum to withdraw the measure  
            after filing the petition with the appropriate elections  








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            official at any time before the SOS certifies that the measure  
            has qualified for the ballot. 

          It is unclear, however, whether this bill could be interpreted  
            to be in conflict with the California Constitution.  Under  
            current law, the Governor is permitted to call a statewide  
            special election for an initiative or referendum measure that  
            is qualified for the ballot.  As mentioned above, even if an  
            initiative has been signed by the requisite number of  
            qualified voters, the initiative, under the provisions of this  
            bill, is not deemed to be qualified until after the SOS issues  
            a certification of qualification on the 131st day prior to the  
            identified election.   It is unclear whether this new process  
            negates the Governor's ability to call a statewide special  
            election for an initiative measure that has received enough  
            signatures to qualify for the ballot, but is not deemed to be  
            qualified under the provisions of this bill.  In order to  
            provide legal assurance, the committee may wish to obtain a  
            legal opinion from the Office of Legislative Counsel to verify  
            that this bill does not restrict the Governor's ability to  
            call a statewide special election for an initiative measure.

           7)Increased Timeframes  :  Current law requires a petition for a  
            proposed initiative measure to be filed with the county  
            elections official not later than 150 days from the official  
            summary date.  This bill extends the circulation time period  
            to 180 days.  While the addition of 30 days may be minor, it  
            is unknown how this additional time will impact the current  
            initiative process.  Presumably adding extra days to the  
            circulation period could increase the number of initiatives on  
            the ballot.  

          In addition, current law requires the SOS to make a copy of the  
            state ballot pamphlet available for public examination not  
            less than 20 days before the SOS submits the ballot pamphlet  
            to the State Printer.  This bill extends the public display  
            period to 25 days.  

          While both of these time changes may seem minor, in fact they  
            could have a significant impact on the current initiative  
            process.  For example, there are many tasks that must be  
            completed and important deadlines that must be met before the  
            final version of the ballot pamphlet goes on public display.   
            Conversely, there are tasks and many statutory deadlines that  
            must be met after the public display period.  For instance, if  








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            there are any legal challenges to the contents of the SOS's  
            ballot pamphlet or AG's ballot labels and ballot titles and  
            summaries, these challenges must be resolved in court.  In  
            addition, time needs to be allocated for the State Printer to  
            print millions of state ballot pamphlets and for the final  
            version of the state ballot pamphlet to be translated into  
            nine foreign languages as required by law.  Aside from those  
            tasks, there are other statutory deadlines that must be met.   
            For example, current law requires county elections official to  
            finish sending military and overseas ballots 45 days before  
            election day.  Consequently, the lengthening of any statutory  
            requirement could reduce the time available for the SOS to  
            prepare the statewide ballot pamphlet, and may reduce the time  
            available to county elections officials to prepare, print, and  
            mail sample ballots, and print the official ballots for their  
            voters.  

           8)Related Legislation  :  SB 844 (Pavley), which is also being  
            heard in this committee today, contains similar provisions to  
            portions of this bill.  SB 844 requires the SOS, among other  
            provisions, to create an Internet Web site, as specified, and  
            consolidate information about each ballot measure in a manner  
            that is easy for voters to access and understand on any  
            computer system platform.  Specifically, SB 844 requires the  
            web site to include, among other information, a summary of  
            each ballot measure, a current list of the top 10 contributors  
            supporting or opposing a ballot measure, as specified, a list  
            of each committee primarily formed to support or oppose a  
            ballot measure, as specified, and for committees primarily  
            formed to support or oppose a state ballot measure that raise  
            $1,000,000 or more for an election, a list of the committee's  
            top 10 contributors as provided by the FPPC, as specified. 

           9)Previous Legislation  :  SB 27 (Correa), Chapter 16, Statues of  
            2014, requires a primarily formed committee formed to support  
            or oppose a state ballot measure or state candidate, and that  
            raises $1,000,000 or more for an election, to maintain an  
            accurate list of their top 10 contributors and to disclose  
            those lists on the FPPC's Internet Web site, as specified.   
            Additionally, SB 27 requires the FPPC to compile, maintain,  
            and display on its Internet Web site a current list of the top  
            contributors supporting and opposing each state ballot  
            measure, as specified, among other provisions.

          AB 2524 (Evans) of 2010, which was held on the Senate  








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            Appropriations suspense file, would have required the AG to  
            submit a copy of the text of a proposed initiative measure to  
            the SOS for posting on the SOS's Internet Web site for 30 days  
            to facilitate public comment prior to the AG drafting the  
            ballot title and summary for the proposed measure.  

          AB 1245 (Laird) of 2003, which was vetoed by Governor Gray  
            Davis, would have required a 30 day public comment period  
            prior to the AG drafting the ballot title and summary.  In his  
            veto message, Governor Davis stated that, "I am concerned that  
            an initiative could receive either a negative or positive  
            comment while displayed on the SOS web site; the proponents  
            may then revise the initiative, but is not required to repost  
            it. Consequently, the public may see one version of the  
            initiative prior to the election and an entirely different  
            initiative during the election."

          SB 1715 (Margett) of 2006, which failed passage in the Senate  
            Elections & Constitutional Amendments Committee, would have  
            extended the signature gathering period from 150 days to 365  
            days.

           10)Political Reform Act of 1974  :  California voters passed an  
            initiative, Proposition 9, in 1974 that created the FPPC and  
            codified significant restrictions and prohibitions on  
            candidates, officeholders, and lobbyists. That initiative is  
            commonly known as the Political Reform Act (PRA).  Amendments  
            to the PRA that are not submitted to the voters, such as those  
            contained in this bill, must further the purposes of the  
            proposition and require a two-thirds vote of each house of the  
            Legislature.  

           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           
          California Common Cause (sponsor)
            AARP California
          American Association of University Women
          California Chamber of Commerce
          California School Employees Association
          Disability Rights California
          Sierra Club California 

           Opposition 








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          California Teachers Association

           Analysis Prepared by  :    Nichole Becker / E. & R. / (916)  
          319-2094