BILL ANALYSIS Ó AB 884 Page 1 ASSEMBLY THIRD READING AB 884 (Rendon) As Amended May 5, 2015 Majority vote ------------------------------------------------------------------- |Committee |Votes |Ayes |Noes | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Elections |5-1 |Ridley-Thomas, |Travis Allen | | | |Gatto, Gordon, | | | | |Mullin, Perea | | | | | | | | | | | | |----------------+------+--------------------+----------------------| |Appropriations |11-4 |Gomez, Bloom, |Bigelow, Chang, | | | |Bonta, Calderon, |Gallagher, Wagner | | | |Eggman, | | | | | | | | | | | | | | |Eduardo Garcia, | | | | |Holden, Quirk, | | | | |Rendon, Weber, Wood | | | | | | | | | | | | ------------------------------------------------------------------- SUMMARY: Requires the title and summary of a state initiative measure to contain a specified disclaimer if the Attorney General AB 884 Page 2 (AG) determines that the proposed measure would likely result in a violation of an individual's constitutional rights. Specifically, this bill: 1)Requires the AG to include the following statement in the circulating title and summary of a proposed state initiative measure if the AG determines that the measure would likely result in a violation of an individual's constitutional rights: 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)Provides that the statement outlined above, if included by the AG, does not count toward the 100-word limit on the length of the circulating title and summary. 3)Permits any elector to seek a writ of mandate, as specified, challenging the inclusion of the statement in the circulating title and summary. FISCAL EFFECT: According to the Assembly Appropriations Committee, the AG will experience additional, unknown costs associated with analyzing the constitutionality of proposed initiatives, with respect to individual rights, and defending potential challenges to any determination that a measure would violate those rights. If the equivalent of a half-time attorney position was required, ongoing costs would be $75,000 annually. COMMENTS: According to the author, "More than a century ago, Californians adopted the 'initiative' process of gathering AB 884 Page 3 signatures for a ballot measure to change California law. Since that time, voters have approved countless initiatives, but the process has drawn criticism as well. In some cases, voters approve an initiative only to have a court throw out the measure, because it violates the federal or state constitution. AB 884 would allow the Attorney General to make a judgment on the constitutionality before the measure goes out for signatures." In February of this year a proposed initiative measure, entitled the "Sodomite Suppression Act" by its proponent, was submitted to the AG for preparation of a circulating title and summary. Among other provisions, that measure provides that a "person who willingly touches another person of the same gender for the purposes of sexual gratification [shall] be put to death" and that the distribution or transmission of "sodomistic propaganda," as defined, is punishable by a $1 million fine, imprisonment for 10 years, or expulsion from the state. Last month, Attorney General Kamala Harris filed an action for declaratory relief seeking judicial authorization not to issue a circulating title and summary for that proposed initiative measure. The request is pending in the Sacramento Superior Court. In support of this bill, the American Civil Liberties Union of California states, "California currently has no formal process to review ballot initiatives for their impact on protected constitutional rights before the election. In contrast, eight states and Washington, D.C., have some form of pre-certification review to ensure that only constitutionally sound measures make it onto the ballot. AB 884 would not go as far as these other states have gone. Rather, AB 884 is a modest step forward. The bill provides a simple mechanism to inform voters of the likely impact of a potential ballot measure on the constitutionally protected rights of individuals." AB 884 Page 4 In opposition to this bill, the Howard Jarvis Taxpayers Association states, "? we think such broad language being included in the ballot pamphlet could lead to the direct democracy process becoming needlessly politicized, and also confusing, for voters. For instance, what is to stop a pension reform measure from having this warning because it might violate an individual's right to a secure retirement? Or regarding the more recent Proposition 26 [of 2010], that it violates an individual's right to breathe clean air because it allegedly aids polluters? While well intentioned, without tighter controls this language could be subject to manipulation." Analysis Prepared by: Ethan Jones / E. & R. / (916) 319-2094 FN: 0000461