BILL ANALYSIS Ó
AB 535
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 535
(Grove) - As Introduced February 23, 2015
SUBJECT: Initiatives: ballot title and summary.
SUMMARY: Makes changes to the ballot title and summary
requirements for statewide measures. Specifically, this bill:
1)Requires the ballot title and summary for a statewide measure,
which is prepared by the Attorney General (AG), 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,
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d) If the measure is contingent on the passage or defeat of
another measure or statute, that fact shall be included.
2)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.
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)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.
3)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.
FISCAL EFFECT: Unknown
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COMMENTS:
1)Purpose of the Bill: According to the author:
The initiative process is an important part of California's
political framework and a fundamental right of its
citizens. Currently, state law requires the Attorney
General to provide a ballot title and summary for each
statewide ballot measure that is neutral and not likely to
create prejudice for or against a measure. However, many
titles and summaries have been criticized in recent years
for not being impartial, for failing to provide relevant
information, and for simply not being comprehensible to the
average voter.
In order for Californians to properly consider the pros and
cons of initiative measures, it is imperative that they
have access to a title and summary that is fair and
impartial, understandable, and that provides relevant
information such as the amount of a proposed tax.
AB 535 simply adopts language that was originally included
in last year's initiative reform measure, SB 1253, to
require the Attorney General to write a ballot title and
summary in a manner that is objective and nonpartisan,
clear and concise, understandable to the average voter, and
that informs voters of the type and amount of a proposed
tax or fee.
2)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
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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's statement, this bill aims
to result in ballot titles and summaries that are neutral and
not likely to create prejudice for or against a measure as
well provide relevant information and be understandable to the
average voter. 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.
3)Arguments in Support: In support, the Howard Jarvis Taxpayers
Association, writes:
AB 535 requires the Attorney General, when crafting ballot
titles and summaries for statewide initiative measures,
implement a number of common-sense reforms to ensure that
voters better understand what they are voting on?
The genesis of this proposal stems from a year-long
initiative reform working group featuring a wide range of
stakeholders including business organizations, good
governance groups, labor and taxpayer organizations. While
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some reforms were implemented via SB 1253 (Steinberg)
critically needed reforms including the requirement for
"plain-language" ballot material were blocked at the behest
of the Attorney General.
4)Arguments in Opposition: In opposition, the California
Federation of Teachers, writes:
Current law already requires the Attorney General to
provide a true and impartial statement or purpose of the
measure. The title and summary of ballot measures are
inherently legal titles and descriptions, which require the
expertise and legal training possessed by the Attorney
General.
The title and summary prepared with these provisional
skills reflect the appropriate language and information
required to accurately reflect the impact of the proposed
law. To add extra-judicial requirements will limit the
Attorney General's ability to provide the most
legally-accurate title and summary possible. By forcing
the Attorney General to use language that might not
otherwise be used, will diminish the accuracy of ballot
titles and summary. Additionally, this will open the
ballot measure process to more litigation and raise the
cost of the direct democratic process of California.
5)Previous Legislation: SB 1253 (Steinberg), Chapter 697,
Statutes of 2014, which made significant changes to the
initiative process, as specified, contained similar provisions
which were removed.
REGISTERED SUPPORT / OPPOSITION:
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Support
California Taxpayers Association
Howard Jarvis Taxpayers Association
Opposition
California Federation of Teachers
California School Employees Association
California State Council of the Service Employees International
Union
Analysis Prepared by:Nichole Becker / E. & R. / (916) 319-2094
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