BILL ANALYSIS Ó
AB 2010
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Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Shirley Weber, Chair
AB 2010
(Ridley-Thomas) - As Introduced February 16, 2016
SUBJECT: Samples ballots and voter pamphlets.
SUMMARY: Permits local agencies to allow candidates for local,
nonpartisan elective office to submit candidate statements that
are electronically distributed, but are not included in the
voter's pamphlets that accompany the sample ballots.
Specifically, this bill:
1)Permits the governing body of a local agency to permit each
candidate for nonpartisan elective office in the local agency
to prepare a candidate's statement for the purpose of
electronic distribution. Provides that a statement prepared
for electronic distribution shall be posted on the Internet
Web site of the elections official, and may be included in a
voter's pamphlet that is electronically distributed by the
elections official, as specified. Provides that a candidate's
statement prepared for the purpose of electronic distribution
shall not be included in a voter's pamphlet that is printed
and mailed to voters, as specified.
2)Requires any candidate's statement submitted by a candidate
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for nonpartisan elective office in a local agency to be
printed in the voter's pamphlets that accompany the sample
ballots to be included with any statement that is prepared and
electronically distributed pursuant to this bill.
3)Requires statements that are electronically distributed
pursuant to this bill to be displayed in a type of uniform
size and darkness, and with uniform spacing.
4)Requires the elections official to provide a Spanish
translation of a candidate statement that is prepared for
electronic distribution to any candidate who wishes to have a
translation, and requires the elections official to select a
person to provide that translation as specified.
5)Permits a local agency to require each candidate for
nonpartisan elective office who submits a candidate's
statement for the purpose of electronic distribution to pay in
advance to the local agency that candidate's estimated pro
rata share of having the statement electronically distributed.
Provides that the local agency is not bound by the estimate
and may bill candidates for the additional actual expense or
refund any excess paid depending on the final actual cost.
6)Requires each voter's pamphlet that contains candidate
statements from candidates for nonpartisan elective office of
a local agency, if the agency has authorized candidates to
prepare a statement for the purpose of electronic
distribution, to include a statement that additional
statements are available on the Internet Web site of the
elections official, and requires the statement to include the
address of the Web site at which the statements may be viewed.
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7)Makes corresponding and technical changes.
EXISTING LAW:
1)Permits each candidate for local nonpartisan elective office
to submit a candidate's statement to appear in a voter's
pamphlet subject to the following procedures and restrictions:
a) Permits the statement to include the name, age, and
occupation of the candidate and a brief description, of no
more than 200 words, of the candidate's education and
qualifications expressed by the candidate himself or
herself. Permits the governing body of the local agency to
authorize an increase in the limitations on the words for
the statement from 200 to 400 words.
b) Prohibits the statement from including the party
affiliation of the candidate, or membership or activity in
any partisan political organizations.
c) Permits a statement to be withdrawn, but not changed,
during the period for filing nomination papers and until 5
p.m. of the next working day after the close of the
nomination period.
d) Allows, but does not require, a local agency to require
each candidate filing a statement to pay for the pro rata
share of the total costs of printing, handling,
translating, and mailing all the candidate's statements.
Requires the local agency to decide whether to charge
candidates for the costs of candidate's statements before
the nominating period opens for the election.
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2)Requires the elections official to send each voter a sample
ballot and a voter's pamphlet which contains the written
statements of each candidate.
3)Requires each voter's pamphlet that contains candidate
statements, as detailed above, to include the following
statement or statements:
a) If any candidate is not listed in the pamphlet, that the
pamphlet does not contain a complete list of candidates and
that a complete list of candidates appears on the sample
ballot; and,
b) That each candidate's statement in the pamphlet is
volunteered by the candidate and (if printed at the
candidate's expense) is printed at his or her expense.
4)Permits county and city elections officials to establish
processes designed to permit a voter to opt out of receiving
his or her sample ballot, voter's pamphlet, notice of polling
place, and associated materials by mail, and instead obtain
them electronically via email or accessing them on the
county's or city's Internet Web site, provided that certain
conditions are met.
5)Allows a candidate for statewide elective office who accepts
the voluntary expenditure limits set forth by state law to
purchase the space to place a statement that does not exceed
250 words in the state ballot pamphlet. Prohibits any such
statement from making reference to any opponent of the
candidate. Requires any such statement to be submitted in
accordance with timeframes and procedures set forth by the
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Secretary of State for the preparation of the state ballot
pamphlet. Defines "statewide office" for these purposes to
include the office of member of the Board of Equalization.
6)Allows a candidate for State Senate or Assembly who accepts
the voluntary expenditure limits set forth by state law to
purchase the space to place a statement that does not exceed
250 words in the voter information portion of the sample
ballot. Prohibits any such statement from making reference to
any opponent of the candidate. Requires any such statement to
be submitted in accordance with timeframes and procedures set
forth in the Elections Code for the preparation of the voter
information portion of the sample ballot.
7)Permits a candidate for United States Senator to purchase the
space to place a candidate's statement in the state ballot
pamphlet that does not exceed 250 words, as specified.
Permits a candidate for United States Representative to
purchase the space to place a statement in the voter
information portion of the sample ballot that does not exceed
250 words, as specified.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS:
1)Purpose of the Bill: According to the author:
The cost of candidate statements has a direct impact
on the amount of information that voters have about
candidates who are running for local office. In the
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November 2014 election, San Francisco did not charge
candidates for local nonpartisan office for placing a
candidate statement in the voter's pamphlet. Of the
43 candidates running for local, nonpartisan office,
42 submitted a candidate statement to be included in
the voter's pamphlet. By contrast, in jurisdictions
where candidates must pay to have their statements
included in the voter's pamphlet, it is not uncommon
for less than 10 percent of candidates to have a
statement appear in the voter's pamphlet.
As people increasingly choose to access information
about elections electronically, and as elections
officials move to improve efficiency by providing more
information to voters in an electronic format, it
makes sense to provide a lower cost option for
candidates to communicate with voters about their
qualifications.
2)Candidate Statements and Costs to Candidates: As noted above,
every candidate for nonpartisan, local elective office has the
ability to prepare a candidate's statement to be included in a
voter's pamphlet that is sent to voters with the sample
ballot. Because sample ballots are sent to all voters except
those who register to vote shortly before the election, these
statements allow candidates to provide a large segment of the
electorate with information about their qualifications.
In order to defray the costs of producing the voter's
pamphlet, existing law allows local agencies to charge
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candidates for the costs of printing, handling, translating,
and mailing candidate statements to voters. There is no
uniform method that is used to calculate the cost to
candidates for having their statements included in the voter's
pamphlet; the cost of placing a candidate statement in the
voter's pamphlet, however, generally is related to the number
of voters who are eligible to vote for the office that a
candidate is seeking. While the cost of a candidate's
statement might be less than $100 for a school board candidate
in a small school district, the estimated cost for a candidate
for Superior Court Judge in Orange County to provide a 400
word statement is nearly $29,000. In Los Angeles County, the
cost for a candidate for countywide office to place a
candidate statement in the voter's pamphlet exceeds $70,000,
and could cost four times that amount if the candidate chose
to have the statement printed in Spanish as well as English,
and if the statement was long enough that it extended onto a
second page in the voter's pamphlet.
While local agencies are allowed to charge candidates for
including statements in the voter's pamphlet, they are not
required to do so. For at least the last decade, San
Francisco has allowed candidates for nonpartisan, local
elective office to place a candidate statement in the voter's
pamphlet free of charge. Over that time period, 366 of the
369 candidates for nonpartisan, local elective office who have
appeared on the ballot in San Francisco have chosen to provide
a candidate statement to be included in the voter's pamphlet.
3)Local Office Only: The provisions of this bill authorizing
local jurisdictions to allow candidates to submit candidate
statements solely for the purposes of electronic distribution
are applicable only to candidates for nonpartisan, local
elective office. Statements by candidates for State Assembly,
State Senate, and United States House of Representatives, also
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appear in the voter's pamphlet that is distributed with the
sample ballot, but this bill would not explicitly permit local
jurisdictions to authorize candidates for those offices to
submit candidate statements solely for the purposes of
electronic distribution. Statements submitted by candidates
for those offices, however, are subject to different
restrictions and procedures than statements submitted by
candidates for nonpartisan, local elective office. Candidates
for state Legislature, for instance, must agree to abide by
voluntary expenditure limits in order to be eligible to place
a candidate statement in the voter information portion of the
sample ballot. Furthermore, while local jurisdictions have
the authority to decide whether to charge candidates for
nonpartisan, local elective office for including candidate
statements in the voter's pamphlet, state law generally
requires candidates for the Legislature and Congress to
"purchase the space" to place a statement in the voter
information portion of the sample ballot.
4)Arguments in Support: In support of this bill, the California
Voter Foundation writes:
This bill, if enacted, will help expand California
voters' access to crucial election information by
creating an affordable option for local candidates to
place candidate statements. Under current law, the
only option available to candidates is to submit a
statement for inclusion in the printed voter's
pamphlet, for which local election officials can and
do charge considerable fees in order to defray costs
such as staff time, printing and postage. For many
local candidates, the price tag for placing an
official candidate statement before voters is out of
reach, especially for candidates who are running for
part-time, volunteer positions and for which they
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raise little to no campaign funds?.
It is our hope that by giving candidates a more
affordable option for placing statements, more voters
statewide will gain access to the most essential
information needed when deciding how to vote, which is
candidates stating in their own words why they are
best qualified to represent us. Candidate statements
are not only a key tool to help voters make more
informed election choices; they are also an important
tool for holding politicians accountable once elected
to office. As voters increasingly turn to the Internet
and their smartphones to access election information,
AB 2010 will be an important step to ensure they will
find what they need when they look for it.
5)Related Legislation: AB 2911 (Elections and Redistricting
Committee), which is also being heard in this committee today,
standardizes terms in the Elections Code that are used to
refer to the county and state voter information guides.
REGISTERED SUPPORT / OPPOSITION:
Support
American Civil Liberties Union of California
California Voter Foundation
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Los Angeles County
Shasta County Clerk/Registrar of Voters Cathy Darling Allen
Opposition
None on file.
Analysis Prepared by:Ethan Jones / E. & R. / (916) 319-2094