BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1296


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          Date of Hearing:   April 29, 2015


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                           Sebastian Ridley-Thomas, Chair


          AB 1296  
          (Jones) - As Amended April 6, 2015


          SUBJECT:  Elections:  initiative and referendum measures.


          SUMMARY:  Makes changes to the procedures for placing a local  
          initiative measure on the ballot, as specified.   Specifically,  
          this bill:  


          1)Requires an elections official, if a petition for a municipal,  
            county, or district initiative measure, city or city and  
            county charter proposal, or municipal referendum, is found to  
            have sufficient signatures, to immediately place the  
            initiative measure that is the subject of the petition on the  
            election ballot for which it qualifies pursuant to existing  
            law. 


          2)Requires the elections official, if more than one election  
            date is legally available, to place the measure on the ballot  
            for the earliest legally possible date unless the board of  
            supervisors by resolution chooses a different legally possible  
            date in accordance with existing law. 


          3)Prohibits the measure from being removed from the ballot on  
            which it has been placed under the provisions of this bill  








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            unless the elections official is notified in writing that the  
            board of supervisors has adopted the measure without  
            alteration, or the elections official is ordered to remove the  
            measure via a writ of mandate or injunction issued by the  
            court of competent jurisdiction.


          4)Makes other technical and conforming changes.


          EXISTING LAW:  


          1)Requires an elections official, within 30 days from the date a  
            local initiative measure petition is filed, excluding  
            Saturdays, Sundays, or holidays, to examine the petition, and  
            from the records of registration ascertain whether or not the  
            petition is signed by the requisite number of voters, as  
            specified. 


          2)Requires the board of supervisors, if a county initiative  
            petition is signed by not less than 20 percent of the entire  
            vote cast within the county for all candidates for Governor at  
            the last gubernatorial election preceding the publication of  
            the notice of intention to circulate an initiative petition,  
            and contains a request that the ordinance be submitted  
            immediately to a vote of the people at a special election, to  
            do one of the following:  


             a)   Adopt the ordinance, without alteration, at the regular  
               meeting at which the certification of the petition is  
               presented, or within 10 days after it is presented;


             b)   Immediately order a special election, to be held  
               pursuant to existing law at which the ordinance, without  
               alteration, shall be submitted to a vote of the voters of  








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               the county; or,


             c)   Order a report pursuant to existing law at the regular  
               meeting at which the certification of the petition is  
               presented.  Requires the board of supervisors, when the  
               report is presented, to either adopt the ordinance within  
               10 days or order an election, as specified.


          3)Requires the board of supervisors, if a county initiative  
            petition is signed by not less than 10 percent of the entire  
            vote cast within the county for all candidates for Governor at  
            the last gubernatorial election preceding the publication of  
            the notice of intention to circulate an initiative petition,  
            to do one of the following:  


             a)   Adopt the ordinance, without alteration, at the regular  
               meeting at which the certification of the petition is  
               presented, or within 10 days after it is presented;


             b)   Submit the ordinance, without alteration, to the voters  
               pursuant to existing law, unless the ordinance petitioned  
               for is required to be, or for some reason is, submitted to  
               the voters at a special election in accordance with  
               existing law; or, 


             c)   Order a report pursuant to existing law at the regular  
               meeting at which the certification of the petition is  
               presented.  Requires the board of supervisors, when the  
               report is presented, to either adopt the ordinance within  
               10 days or order an election, as specified.



          4)Requires the legislative body, if a municipal initiative  








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            petition is signed by not less than 15 percent of the voters  
            of the city, as specified, or in a city with 1,000 or less  
            registered voters, by 25 percent of the voters or 100 voters  
            of the city, whichever is lesser, and contains a request that  
            the ordinance by submitted immediately to a vote of the people  
            at a special election, to do one of the following:


             a)   Adopt the ordinance, without alteration, at the regular  
               meeting at which the certification of the petition is  
               presented, or within 10 days after it is presented;


             b)   Immediately order a special election, to be held  
               pursuant to existing law at which the ordinance, without  
               alteration, shall be submitted to a vote of the voters of  
               the city; or,


             c)   Order a report pursuant to existing law at the regular  
               meeting at which the certification of the petition is  
               presented.  Requires the legislative body, when the report  
               is presented, to either adopt the ordinance within 10 days  
               or order an election, as specified.


          5)Requires the legislative body, if a municipal initiative  
            petition is signed by not less than 10 percent of the voters  
            of the city, as specified, or in a city with 1,000 or less  
            registered voters, by 25 percent of the voters or 100 voters  
            of the city, whichever is lesser, and contains a request that  
            the ordinance be submitted immediately to a vote of the people  
            at a special election, to do one of the following:



             a)   Adopt the ordinance, without alteration, at the regular  
               meeting at which the certification of the petition is  
               presented, or within 10 days after it is presented;








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             b)   Submit the ordinance, without alteration, to the voters  
               pursuant to existing law, unless the ordinance petitioned  
               for is required to be, or for some reason is, submitted to  
               the voters at a special election in accordance with  
               existing law; or, 



             c)   Order a report pursuant to existing law at the regular  
               meeting at which the certification of the petition is  
               presented.  Requires the legislative body, when the report  
               is presented, to either adopt the ordinance within 10 days  
               or order an election, as specified.



          6)Requires a district board, if an initiative petition is signed  
            by voters not less in number than 10 percent of the voters in  
            the district, where the total number of registered voters is  
            less than 500,000, or not less in number than 5 percent of the  
            voters in the district, where the total number of registered  
            voters is 500,000 or more, and the petition contains a request  
            that the ordinance be submitted immediately to a vote of the  
            people at a special election, to do either of the following:


             a)   Adopt the ordinance, without alteration, either at the  
               regular meeting at which the certification of the petition  
               is presented, or within 10 days after it is presented; or


             b)   Immediately order that the ordinance be submitted to the  
               voters, without alteration, as specified.  


          7)Requires a district board, if an initiative petition does not  
            request a special election, to do either of the following:









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             a)   Adopt the ordinance, without alteration, either at the  
               regular meeting at which the certification of the petition  
               is presented, or within 10 days after it is presented; or

             b)   Submit the ordinance, without alteration, to the voters  
               pursuant to existing law, unless the ordinance petitioned  
               for is required to be, or for some reason is, submitted to  
               the voters at a special election in accordance with  
               existing law.  



          8)Requires the election for a county, municipal, or district  
            initiative that qualifies in accordance with existing law to  
            be held not less than 88 nor more than 103 days after the date  
            of the order of the election.


          9)Permits the election on the initiative measure, when it's  
            legally possible to hold a special election on an initiative  
            measure that has qualified in accordance with existing law  
            within 180 days prior to a regular or special election  
            occurring wholly or partially within the same territory, to be  
            held on the same date as, and be consolidated with, that  
            regular or special election. 


          10)Permits the election on the initiative measure, when it's  
            legally possible to hold a special election on an initiative  
            measure that has qualified pursuant to existing law during the  
            period between a regularly scheduled statewide direct primary  
            election and a regularly scheduled statewide general election  
            in the same year, to be held on the same date as, and be  
            consolidated with, the statewide general election.


          11)Permits, in order to avoid holding more than one special  
            election within any 180-day period, the date for holding the  








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            special election on an initiative measure that has qualified  
            in accordance with existing law to be fixed later than 103  
            days but at as early a date as practicable after the  
            expiration of 180 days from the last special election.


          12)Provides that not more than one special election for an  
            initiative measure that qualifies pursuant to existing law may  
            be fixed to be held by a jurisdiction during any period of 180  
            days.  


          13)Requires the election for a county initiative that qualifies  
            with not less than10 percent of the vote, as specified, to be  
            held at the next statewide election occurring not less than 88  
            days after the date of the order of the election.  Requires  
            the election for a municipal petition that qualifies with not  
            less than 10 percent of the vote, as specified, or a district  
            petition that qualifies without requesting a special election  
            pursuant to existing law, to be held at the jurisdiction's  
            next regular election occurring not less than 88 days after  
            the date of the order of the election.


          14)Requires the election for a county or municipal referendum  
            that qualifies pursuant to existing law to be held at the  
            jurisdiction's next regular election occurring not less than  
            88 days after the date of the order of the election of at a  
            special election called for that purpose not less than 88 days  
            after the date of the order of the election.


          15)Provides that a county, municipal, district, or school  
            district initiative, referendum, or recall elections are not  
            required to abide by established election days, as specified. 


          16)Provides a writ of mandate procedure for challenging matters  
            in county elections, municipal elections, district elections,  








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            and school district elections, that among other things:

             a)   Requires the elections official to make a copy of any  
               proposed ordinance or ballot initiative available for  
               public examination for a period of 10 calendar days  
               immediately following the submission of those materials;  

             b)   Permits any voter in the jurisdiction in which the  
               election is being held to seek a writ of mandate or  
               injunction requiring any or all of the material to be  
               amended or deleted, as long as such request is filed no  
               later than the end of the 10-day public examination period;  
               or,

             c)   Provides that the peremptory writ of mandate or  
               injunction shall be issued only upon clear and convincing  
               evidence that the material in question is false,  
               misleading, or inconsistent with specified requirements,  
               and that issuance of the writ or injunction will not  
               substantially interfere with the printing or distribution  
               of official election materials as provided by law.  

          FISCAL EFFECT:  Unknown.  State-mandated local program; contains  
          reimbursement direction.


          COMMENTS:  


          1)Purpose of the Bill:  According to the author:


               Existing law (Elec. Code §§ 9118, 9215, 9311) requires  
               local agencies, when presented with a certified initiative,  
               to only do one of two things. They can either pass it into  
               law themselves or place it on the next regular election  
               ballot.  Increasingly, however, local agencies are engaging  
               in an unauthorized third option: withholding the initiative  
               from the ballot because they view it as undesirable.  This  








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               unlawfully shifts to the proponents the responsibility of  
               presenting to the voters a proposal that enough of them  
               signed to earn a spot on the ballot.  If the proponents can  
               afford an attorney, they can go to court to get the judge  
               to do what the local agency was required to do--put the  
               initiative on the ballot.  If they cannot afford an  
               attorney, then the initiative dies without a vote, in  
               violation of our state constitution.  Because governing  
               officials have a conflict of interest, they should not be  
               allowed to decide unilaterally that a measure is unfit for  
               the ballot and keep it from the voters.  AB 1296 authorizes  
               the elections official, upon certifying an initiative, to  
               immediately place it on the ballot for which it qualifies  
               pursuant to Elections Code section 1405.  Nothing prohibits  
               a local government agency from then using the election writ  
               process to remove a measure from the ballot for things like  
               inappropriately gathered signatures, etc.  This bill simply  
               says that, once an initiative receives its certification,  
               the Registrar of Voters or applicable elections official  
               shall place it on the ballot and not remove it unless  
               ordered to do so by a court.  


          2)Examination of Signatures: Current law requires an elections  
            official, within 30 days from the date a county initiative  
            measure petition is filed, excluding Saturdays, Sundays, or  
            holidays, to examine the petition, and from the records of  
            registration ascertain whether or not the petition is signed  
            by the requisite number of voters, as specified.  Existing law  
            requires the elections official to verify the signatures  
            thereon either from a 100 percent check or a random sampling.   
            Upon completion of the signature verification, current law  
            requires the elections official to certify as to the  
            sufficiency or insufficiency of the petition.  If the petition  
            is insufficient, no action is taken and if the petition is  
            sufficient, current law requires the elections official to  
            certify the results to the governing body at the next regular  
            meeting of the governing body.  Elections officials are  
            required to examine municipal and district initiative  








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            measures, city and city and county charter proposals, and  
            municipal referendums in the same manner as county initiative  
            measures.  

          3)What happens when a petition is sufficient?  Current law  
            requires the governing body of a local jurisdiction to take  
            certain actions once a petition has sufficient signatures.   
            For example, if a county initiative measure petition is signed  
            by voters not less in number than 20 percent of the entire  
            votes cast within the county for all candidates for Governor  
            at the last gubernatorial election preceding the publication  
            of the notice of intention, existing law requires the board of  
            supervisors, to do one of the following: 1) adopt the  
            ordinance, without alterations, at the regular meeting in  
            which the certification is presented or within 10 days after  
            it is presented; 2) immediately call a special election, if it  
            is legally possible, at which the ordinance, without  
            alteration, is to be submitted to the voters; or 3) order an  
            impact report at the regular meeting at which the  
            certification is presented and requires the board of  
            supervisors, after receiving the report, to either adopt the  
            ordinance within 10 days or call an election, as specified.



          When legally possible, current law permits the election to be  
            consolidated with a regular or special election held within  
            six months (180 days) or the special election must be held not  
            less than 88 or more than 103 days after the date of the order  
            of election. However, in certain cases, current law permits  
            the 103 day deadline to be extended.  Existing law provides  
            that not more than one special election for an initiative  
            measure that has qualified may be held by a jurisdiction  
            during any period of 180 days.  

          Moreover, existing law requires the board of supervisors, if the  
            petition is signed by voters not less in number than 10  
            percent of the entire votes cast within the county for all  
            candidates for Governor at the last gubernatorial election  








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            preceding the publication of the notice of intention, to do  
            one of the following: 1) adopt the ordinance, without  
            alterations, at the regular meeting in which the certification  
            is presented or within 10 days after it is presented; 2)  
            submit the ordinance, without alterations, to the voters, as  
            specified, unless the ordinance petitioned for is required to  
            be, or for some reason is submitted to voters at a special  
            election, pursuant to existing law; or 3) order an impact  
            report at the regular meeting at which the certification is  
            presented and requires the board of supervisors, after  
            receiving the report, to either adopt the ordinance within 10  
            days or call an election, as specified.  Existing law requires  
            an election to vote on the county initiative to be  
            consolidated with the next statewide election occurring not  
            less than 88 days after the date of the board of supervisors  
            order or after the board of supervisors is presented with the  
            impact report.

          This bill makes significant changes to the procedures a  
            governing body must follow once a petition has sufficient  
            signatures.  Specifically, this bill requires an elections  
            official, if a petition is found sufficient, to immediately  
            place the initiative measure on the election ballot for which  
            it qualifies.  In addition, this bill requires an elections  
            official, if there is more than one election date legally  
            available, to place the measure on the ballot for the earliest  
            legally possible date unless the board of supervisors by  
            resolution chooses a different legally possible date in  
            accordance with existing law.  The new procedures required in  
            this bill apply to county, municipal, and district initiative  
            measures, as well as, city and city and county charter  
            proposals, and municipal referendum measures.  

          4)Is there a problem?  The author contends that the changes  
            outlined in this bill are necessary because local governing  
            bodies are withholding initiatives from the ballot that they  
            view as undesirable.  The committee, however, is not aware nor  
            has been able to locate any examples demonstrating a current  
            problem of abuse.  Furthermore, neither the author nor the  








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            sponsors have provided the committee with any information or  
            evidence to support their allegations that local agencies are  
            improperly withholding measures from the ballot.  Because the  
            proponents are unable to provide evidence of a problem, the  
            committee may wish to consider whether this bill is  
            potentially a solution in search of a problem.  



          5)Election Writ Procedure:  Current law permits a voter of the  
            jurisdiction in which the election is being held, or an  
            elections official, to seek a writ of mandate or an injunction  
            requiring any material to be amended or deleted, as specified.  
             In addition, existing law requires that a writ of mandate or  
            an injunction be issued only upon clear and convincing proof  
            that the material in question is false, misleading, or  
            inconsistent, as specified.  The purpose of this writ  
            procedure is to give voters or elections officials an  
            opportunity to challenge very specific types of legal issues,  
            and to do so on a very tight timetable so as not to delay  
            publication or distribution of election ballots and materials.  
             This bill prohibits a measure from being removed from the  
            ballot on which it has been placed under the provisions of  
            this bill unless the elections official is notified in writing  
            that the governing body has adopted the measure without  
            alteration, or the elections official is ordered to remove the  
            measure via a writ of mandate or injunction issued by the  
            court of competent jurisdiction.


          6)Arguments in Support: In support, the Howard Jarvis Taxpayers  
            Association, writes:


               Despite existing law, however we have seen a growing trend  
               of local agencies withholding from the ballot certified  
               initiatives that they don't like.  The agency may file suit  
               against the proponents, tying them up in expensive  
                                                                                             litigation when it is unknown whether the initiative would  








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               even pass.  Or the agency may wait for initiative  
               proponents to take action themselves to force an election,  
               which will never happen if the proponents cannot afford  
               counsel.  Because local agencies are not courts, and  
               because they have a conflict of interest as to initiatives  
               they don't like, they should not be allowed to decide  
               unilaterally that a measure is unfit for the ballot and  
               withhold it from the voters. 


          7)Arguments in Opposition:  In opposition, California State  
            Council of the Service Employees International Union, writes:


               The process of placing measures on a ballot is a form of  
               direct democracy that allows the public to seek changes to  
               public policy when lawmakers are unable or unwilling to act  
               on a given issue.  The process of direct democracy  
               inherently requires the [proponent] to spend time  
               researching and drafting the proposal, funding to qualify  
               the measure for the ballot, and activity towards informing  
               the public of the need of the proposed change. 


               In the majority of instances, the choice to place a measure  
               on [a] specific ballot is a matter of timing and strategy  
               by the proponent(s) of the measures towards achieving  
               success at the ballot.  This measure seeks to require the  
               elections official who certifies the measure, and if more  
               than one election date is legally possible, to place it on  
               the ballot at the earliest legally possible date.   
               Moreover, AB 1296 thus, removes the option of choice from  
               the proponent(s).



               Exercising the right to choose is an important form of  
               expression by voters, including a measure's proponent(s),  
               who may cast a ballot on measures, or candidates during an  








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               election.  AB 1296 removes the proponent's choice as to the  
               ballot specifically sought after that would permit efforts  
               towards maximizing voter outreach and success at the  
               ballot.  Moreover, the right to choose is further eroded if  
               the Board of Supervisors (BOS) chooses to place the measure  
               on a different ballot, as proposed by AB 1296.  This then  
               would require efforts by the proponent(s) to engage the BOS  
               to place the measure on the specific ballot targeted by the  
               proponents.  This requirement creates additional challenges  
               by the fact that the BOS might also be the body that  
               initially was either unable or unwilling to act on the same  
               proposed change to public policy. 

               Rather than simplifying the democratic process and  
               permitting choice, AB 1296 would create additional  
               challenges for voters to directly engage the public via the  
               ballot.
          8)Previous Legislation:  AB 2338 (Wagner) of 2014, which failed  
            in the Assembly Judiciary Committee on a 3-7 vote, would have  
            required any local government or district seeking to challenge  
            the qualification or validity of a certified ballot initiative  
            to use a specified elections writ of mandate procedure instead  
            of filing a pre-election action for declaratory relief, as  
            specified.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Howard Jarvis Taxpayers Association


          Association of Builders and Contractors of California









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          Opposition


          California State Council of the Service Employees International  
          Union




          Analysis Prepared by:Nichole Becker / E. & R. / (916) 319-2094