BILL ANALYSIS Ó
AB 535
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Date of Hearing: May 6, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
535 (Grove) - As Introduced February 23, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill establishes the following additional requirements for
title and summaries prepared by the Attorney General (AG) for
all statewide measures submitted to the voters, as well as for
initiative petitions:
AB 535
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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)If the measure imposes or increases a tax or fee, the type and
amount of the tax or fee must be described.
3)If the measure repeals existing law in an substantial manner,
that fact shall be included.
4)If the measure is contingent on the passage or defeat of
another measure or statute, that fact shall be included.
The bill also requires the Legislature to provide the AG with
sufficient funding to fulfill the AG's responsibility for
preparing ballot titles and summaries, including the use of
plain-language specialists.
FISCAL EFFECT:
The AG could incur an ongoing General Fund cost of up to
$336,000 for two full-time positions-one deputy AG and one legal
secretary-associated with an expected increase in litigation due
to the additional requirements for ballot title and summaries.
Given the cyclical nature of initiatives and ballot
propositions, this level of cost might not by incurred every
year.
The AG's Office notes that, though the bill only amends the
provisions of Elections Code Section 9051, which describes the
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requirements for ballot title and summaries, the AG is required
to apply the same requirements for the circulating title and
summaries it prepares for initiative petitions. Typically there
are far fewer of the former compared to the latter.
The AG also notes that, even though it currently has a
well-developed body of case law with respect to the requirements
in Section 9051, it still typically receives 10 lawsuits during
the ballot litigation public display period. The AG argues that
the bill adds several new "statutory hooks" for proponents to
challenge its title and summaries, which will lead to more
litigation overall and more complex litigation. Finally, the AG
believes that, initially there will need to be appellate
decisions to establish precedent.
COMMENTS:
1)Purpose. 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. The author indicates that the bill is
intended 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.
2)Opposition. The California Federation of Teachers and the
State Building and Construction Trades Council argue the bill
will complicate and impinge on the AG's responsibility to
prepare the most legally accurate title and summary.
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3)Prior Legislation. SB 1253 (Steinberg)/Chapter 697, Statutes
of 2014, which made significant changes to the initiative
process, contained the provisions of AB 535. These provisions
were removed prior to the bill passing off Suspense from this
committee.
Analysis Prepared by:Chuck Nicol / APPR. / (916)
319-2081