BILL NUMBER: AB 884 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Rendon
FEBRUARY 26, 2015
An act to amend Section Sections 9001 and
9004 of, to add Section 9008.5 to, and to repeal
Section 18650 of, of the Elections Code,
and to amend Section 6253.5 of the Government Code,
relating to initiatives.
LEGISLATIVE COUNSEL'S DIGEST
AB 884, as amended, Rendon. Initiative petitions: public
records. title and summary.
(1) Under the California Public Records Act, statewide, county,
city, and district initiative, referendum, and recall petitions,
certain other petitions, and related memoranda are not public records
and are not open to inspection, except as specified.
(1) Existing law requires the proponents of a proposed ballot
initiative or referendum to pay a fee of $200 to the Attorney General
for preparation of a circulating title and summary.
This bill would create an exception to that exemption for
petitions for statewide initiatives that the Attorney General has
determined would likely result in a violation of an individual's
constitutional rights, thereby making those petitions subject to
inspection by the public. By requiring local agencies to produce
additional records for inspection, this bill would impose a
state-mandated local program. increase the fee from
$200 to $1,000, and would authorize the Attorney General, on an
annual basis, to determine the actual costs of preparing the title
and summary and increase the fee to a maximum of $5,000 to recover
the full cost of preparing the title and summary.
(2) Existing law requires the Attorney General to provide a ballot
label and a ballot title for each measure to be submitted to the
voters at a statewide election, and requires the Attorney General to
prepare a summary of the chief purposes and points of each statewide
ballot measure as part of the ballot title. Existing law
provides for the format of an initiative measure petition and
requires, prior to circulation, the placement of specified
information across the top of the petition of a proposed initiative
measure in 12-point or larger roman boldface type.
This bill would require the Attorney General, if he or she
determines during preparation of the circulating title and summary
for a statewide initiative measure that the measure would likely
result in a violation of an individual's constitutional rights, to
include a specified statement in the title and summary. The
bill would require, for those measures that the Attorney General
determines would likely result in a violation of an individual's
constitutional rights, specified information on the petition to be in
16-point or larger roman boldface type, and would require a
statement notifying the public that the petition, including
information provided by signatories to the petition, is subject to
the California Public Records Act.
(3) Existing law prohibits a person from knowingly or willfully
permitting the list of signatures on an initiative, referendum, or
recall petition to be used for any purpose other than qualification
of the initiative or referendum measure or recall question for the
ballot, and provides that violation of that provision is a
misdemeanor.
This bill would repeal those provisions.
The California Constitution requires local agencies, for the
purpose of ensuring public access to the meetings of public bodies
and the writings of public officials and agencies, to comply with a
statutory enactment that amends or enacts laws relating to public
records or open meetings and contains findings demonstrating that the
enactment furthers the constitutional requirements relating to this
purpose.
This bill would make legislative findings to that effect.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 6253.5 of the Government
Code is amended to read:
6253.5. (a) Notwithstanding Sections 6252 and 6253, and except as
provided by subdivision (d), statewide, county, city, and district
initiative, referendum, and recall petitions, petitions circulated
pursuant to Section 5091 of the Education Code, petitions for the
reorganization of school districts submitted pursuant to Article 1
(commencing with Section 35700) of Chapter 4 of Part 21 of the
Education Code, petitions for the reorganization of community college
districts submitted pursuant to Part 46 (commencing with Section
74000) of the Education Code and all memoranda prepared by the county
elections officials in the examination of the petitions indicating
which registered voters have signed particular petitions shall not be
deemed public records and shall not be open to inspection except by
the public officer or public employees who have the duty of
receiving, examining, or preserving the petitions or who are
responsible for the preparation of that memoranda and, if the
petition is found to be insufficient, by the proponents of the
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons for disqualification.
However, the Attorney General, the Secretary of State, the Fair
Political Practices Commission, a district attorney, a school
district or a community college district attorney, and a city
attorney shall be permitted to examine the material upon approval of
the appropriate superior court.
(b) If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after the date of certification of insufficiency.
(c) As used in this section:
(1) "Petition" means any petition to which a registered voter has
affixed his or her signature.
(2) "Proponents of the petition" means the following:
(A) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.
(B) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
(C) For recall measures, the person or persons defined in Section
343 of the Elections Code.
(D) For petitions circulated pursuant to Section 5091 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools.
(E) For petitions circulated pursuant to Article 1 (commencing
with Section 35700) of Chapter 4 of Part 21 of Division 3 of Title 2
of the Education Code, the person or persons designated as chief
petitioners under Section 35701 of the Education Code.
(F) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of Division 7 of Title 3 of the Education Code, the
person or persons designated as chief petitioners under Sections
74102, 74133, and 74152 of the Education Code.
(d) This section does not apply to petitions for statewide
initiative measures that the Attorney General has determined, in
accordance with subdivision (b) of Section 9004 of the Elections
Code, would likely result in a violation of an individual's
constitutional rights.
SECTION 1. Section 9001 of the
Elections Code is amended to read:
9001. (a) Prior to Before the
circulation of any an initiative or
referendum petition for signatures, the text of the proposed measure
shall be submitted to the Attorney General with a written request
that a circulating title and summary of the chief purpose and points
of the proposed measure be prepared. The electors presenting the
request shall be known as the "proponents." The Attorney General
shall preserve the written request until after the next general
election.
(b) Each and every proponent of any a
proposed initiative measure shall, at the time of submitting
the text of the proposed measure, provide both of the following:
(1) An original signed certification stating that "I, (insert
name), declare under penalty of perjury that I am a citizen of the
United States, 18 years of age or older, and a resident of (insert
county), California."
(2) Public contact information.
(c) The proponents of any an
initiative measure, at the time of submitting the text of the
proposed measure to the Attorney General, shall pay a fee of
two hundred dollars ($200), which of one thousand
dollars ($1,000) to the Attorney General that shall be placed
in a trust fund in the office of the Treasurer and refunded
to the proponents if the measure qualifies for the ballot within two
years from the date the summary is furnished to the proponents. If
Treasurer.
(1) On an annual basis, the Attorney
General may determine the actual costs of preparing the title and
summary and increase the fee to a maximum of five thousand dollars
($5,000) to recover the full cost of preparing the title and summary.
(2) If the measure qualifies for the
ballot within two years from the date the summary is furnished to the
proponents, the fee described in this subdivision shall be refunded
to the proponents. If the measure does not qualify within that
period, the fee shall be immediately paid into the General Fund of
the state.
(d) All referenda and proposed initiative measures must be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via U.S. Postal Service,
alternative mail service, or personal delivery. Only printed
documents will be accepted, facsimile or e-mail delivery will not be
accepted.
(e) The Attorney General's office shall not deem a request for a
circulating title and summary submitted until all of the requirements
of this section are met.
SEC. 2. 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) If, during his or her preparation of the circulating title and
summary for a proposed initiative measure, the Attorney General
determines that the measure would likely result in a violation of an
individual's constitutional rights, he or she shall include the
following statement in the circulating title and summary:
"The Attorney General has determined that this initiative measure,
if approved by the voters, would likely result in a violation of an
individual's rights under the United States Constitution or the
California Constitution."
(c) 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."
(d) 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. 3. Section 9008.5 is added to the
Elections Code, to read:
9008.5. A proposed initiative measure that the Attorney General
has determined, in accordance with subdivision (b) of Section 9004,
would likely result in a violation of an individual's constitutional
rights shall, prior to circulation, have placed across the top of the
petition in 16-point or larger roman boldface type, all of the
following:
(a) The Attorney General's unique numeric identifier placed before
the circulating title and summary upon each page where the
circulating title and summary is to appear.
(b) The circulating title and summary prepared by the Attorney
General upon each page of the petition on which signatures are to
appear.
(c) The circulating title and summary prepared by the Attorney
General upon each section of the petition preceding the text of the
measure.
(d) The circulating title and summary prepared by the Attorney
General as required by subdivision (c) shall be preceded by the
following statement: "Initiative measure to be submitted directly to
the voters. This petition, including information provided by
signatories to the petition, is subject to the California Public
Records Act."
SEC. 4. Section 18650 of the Elections Code is
repealed.
SEC. 5. The Legislature finds and declares that
Section 1 of this act, which amends Section 6253.5 of the Government
Code, furthers, within the meaning of paragraph (7) of subdivision
(b) of Section 3 of Article I of the California Constitution, the
purposes of that constitutional section as it relates to the right of
public access to the meetings of local public bodies or the writings
of local public officials and local agencies. Pursuant to paragraph
(7) of subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings:
Access to information concerning proposed measures to be submitted
directly to the voters related to the people's business is a
fundamental and necessary right of every person in this state, and
serves to preserve the integrity of the electoral process by
combating fraud and fostering government transparency and
accountability.
SEC. 6. 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 under this act would result from a
legislative mandate that is within the scope of paragraph (7) of
subdivision (b) of Section 3 of Article I of the California
Constitution.