BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  April 27, 2016 


                  ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING


                                Shirley Weber, Chair


          AB 2265  
          (Mark Stone and Dahle) - As Introduced February 18, 2016


          SUBJECT:  County ballot measures:  impartial analysis.


          SUMMARY:  Authorizes the county counsel to prepare a summary of  
          the impartial analysis of a county ballot measure in a format  
          that answers the questions "What does a yes vote mean?" and  
          "What does a no vote mean?" Specifically, this bill provides  
          that at the direction of a county elections official, the county  
          counsel or district attorney may, in the preparation of the  
          impartial analysis of a county measure that qualifies for the  
          ballot, prepare additional summaries of the measure to answer  
          the questions "What does a yes vote mean?" and "What does a no  
          vote mean?"


          1)Provides that the summary for each question may not exceed 75  
            words in length. 


          2)Provides that any summary prepared pursuant to this provision  
            may be included in the voter information portion of the sample  
            ballot.


          EXISTING LAW:  









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          1)Requires the county elections official, when a county measure  
            qualifies for the ballot, to transmit a copy of the measure to  
            the county auditor and to the county counsel or to the  
            district attorney in a county that does not have a county  
            counsel.


          2)Provides that the county counsel or the district attorney  
            shall prepare an impartial analysis of the measure showing the  
            effect of the measure on the existing law and the operation of  
            the measure.  


             a)   Requires the analysis to include a statement indicating  
               whether the measure was placed on the ballot by a petition  
               signed by the requisite number of voters, or by the board  
               of supervisors.


             b)   Requires the analysis to be printed preceding the  
               arguments for and against the measure.


             c)   Provides that the analysis may not exceed 500 words in  
               length.


          3)Requires the elections official, if the entire text of a  
            county ballot measure is not printed on the ballot, or in the  
            voter information portion of the sample ballot, to inform  
            voters of alternative ways to access the text of the measure. 


          4)Provides that not later than 88 days prior to an election that  
            includes a county ballot measure, the board of supervisors may  
            direct the county auditor to review the measure and determine  
            whether the substance thereof, if adopted, would affect the  
            revenues or expenditures of the county.  Requires the auditor,  








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            if so directed, to prepare a fiscal impact statement which  
            estimates the amount of any increase or decrease in revenues  
            or costs to the county if the proposed measure is adopted.   
            Limits the fiscal impact statement to 500 words or less. 


          FISCAL EFFECT:  None.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  


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


          California voters are often faced with local ballot  
          initiatives that are intended to cover a range of local  
          municipal issues. As voters are seeing these initiatives it  
          is important that those voters are provided with clear,  
          unbiased information about what they are voting on. AB 2265  
          makes it clear that county counsels are authorized to  
          provide an analysis which answers the questions "What does  
          a yes vote mean?" and "What does a no vote mean?" for the  
          measure. This analysis could not be longer than  
          seventy-five words for each question. Providing this  
          information will not only ensure that voters have the  
          correct information, but that they have it in the most  
          useful and practical form. 


          2)Additional Summaries: This bill is modeled after existing  
            state law which requires the ballot pamphlet to contain a  
            section that provides a concise summary of the general meaning  
            and effect of "yes" and "no" votes on each statewide ballot  
            measure.  For state measures, summary statements are prepared  
            by the Legislative Analyst and are not intended to provide  
            comprehensive information on each measure.  









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            This bill applies only to county ballot measures and allows  
            the county elections official to authorize an additional  
            summary of the impartial analysis to be prepared by the county  
            counsel, or the district attorney when there is no county  
            counsel, to answer the question of what a "yes" or "no" vote  
            means in relation to a measure that has qualified for the  
            ballot. Additionally, summaries prepared pursuant to this  
            paragraph may be included in the voter information portion of  
            the sample ballot and may not exceed 75 words in length.  


          3)Argument in Support: The Howard Jarvis Taxpayers Association  
            writes in support, "State or local ballot measures can often  
            be a confusing and messy conundrum where yes often means no,  
            and no means yes.  This is especially true for any [referenda]  
            that may be on the ballot.  This important summary statement  
            will provide voters increased clarity on initiatives, helping  
            them to be more informed as they engage in the democratic  
            process." 


          4)Requested Amendment: The Rural County Representatives of  
            California, who have a support if amended position, have  
            requested an amendment to give the county counsel or district  
            attorney the sole discretion to decide whether to prepare the  
            additional summary. It should be noted, however, that this  
            bill already provides that the preparation of the summary is  
            at the county's option. This amendment would permit a county  
            counsel to refuse to prepare the additional summary even when  
            directed to do so by the county board of supervisors.


          5)Previous Legislation: AB 354 (Dahle), Chapter 265, Statutes of  
            2013, requires the analysis of a local ballot measure that  
            appears in the ballot pamphlet to include a statement  
            indicating whether the measure was placed on the ballot by a  
            petition signed by the requisite number of voters or by the  
            local governing body. 








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          REGISTERED SUPPORT / OPPOSITION:




          Support


          California Association of Clerks and Elections Officials


          Howard Jarvis Taxpayers Association


          Rural County Representatives of California (if amended) 




          Opposition


          None on file. 




          Analysis Prepared by:Lori Barber / E. & R. / (916) 319-2094


















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