BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 884


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          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  








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          (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


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          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."










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          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