BILL NUMBER: AB 884 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2015
AMENDED IN ASSEMBLY APRIL 22, 2015
AMENDED IN ASSEMBLY APRIL 6, 2015
INTRODUCED BY Assembly Member Rendon
FEBRUARY 26, 2015
An act to amend Sections 9001 and Section
9004 of the Elections Code, relating to initiatives.
LEGISLATIVE COUNSEL'S DIGEST
AB 884, as amended, Rendon. Initiative petitions: title and
summary.
(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 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
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 as part of the ballot title a summary of the
chief purposes and points of each statewide ballot measure
as part of the ballot title. that does not exceed 100
words.
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 specify that the statement does not count toward the 100-word
limit and would authorize any elector to seek a writ of mandate
challenging the inclusion of the statement.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9001 of the Elections Code
is amended to read:
9001. (a) Before the circulation of 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 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 an initiative measure, at the time of
submitting the text of the proposed measure to the Attorney General,
shall pay a fee of one thousand dollars ($1,000) to the Attorney
General that shall be placed in a trust fund in the office of the
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 1. 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 apply to the circulating title and
summary.
(b) (1) 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."
(2) If the Attorney General includes the statement described in
paragraph (1) in the circulating title and summary, that statement
does not count toward the 100-word limit on the length of the
circulating title and summary, as provided in subdivision (a).
(3) If the Attorney General includes the statement described in
paragraph (1) in the circulating title and summary, any elector may
seek a writ of mandate pursuant to Section 13314 challenging the
inclusion of the statement.
(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.