California Legislature—2015–16 Regular Session

Assembly Bill No. 2911

Introduced by Committee on Elections and Redistricting

March 15, 2016

An act to amend Sections 303.5, 2052, 2053, 2155.3, 2157.2, 2223, 2224, 2300, 3007, 3019.5, 3021.5, 3022, 3023, 4101, 9050, 9054, 9067, 9068, 9069, 9081, 9082, 9082.5, 9082.7, 9083, 9083.5, 9084, 9085, 9086, 9087, 9088, 9089, 9090, 9092, 9093, 9094, 9094.5, 9095, 9096, 9160, 9162, 9163, 9280, 9282, 9285, 9286, 9312, 9313, 9314, 9315, 9316, 9402, 9501, 10531, 11324, 11325, 11327, 13118, 13244, 13263, 13300, 13300.5, 13300.7, 13302, 13303, 13305, 13306, 13307, 13307.5, 13312, 13314, 13315, 13316, 13317, 14219, 18301, 18390, 19321, 19323, and 20009 of, to amend the heading of Article 7 (commencing with Section 9080) of Chapter 1 of Division 9 of, and to amend the heading of Chapter 4 (commencing with Section 13300) of Division 13 of, the Elections Code, relating to voting.

LEGISLATIVE COUNSEL’S DIGEST

AB 2911, as introduced, Committee on Elections and Redistricting. Voting: voter information guides.

Under existing law, numerous provisions related to voting refer to ballot pamphlets, state ballot pamphlets, voter pamphlets, statewide voter pamphlets, and sample ballots.

This bill would replace these terms with state voter information guide, county voter information guide, and voter information guide, as appropriate, and make necessary conforming changes. The bill would also make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 303.5 of the Elections Code is amended
to read:

303.5.  

(a) “Ballot title” is the name of a statewide measure
included in the ballot label and the ballot title and summary.

(b) “Ballot title and summary” means the summary of the chief
purpose and points including the fiscal impact summary of any
measure that appears in the begin delete state ballot pamphlet. end delete begin insert state voter
information guide. end insert The ballot title and summary shall include a
statement of the measure’s fiscal impact. begin delete This end delete begin insert The ballot title and end insert
summary shall not exceed 100 words, not including the fiscal
impact statement.

(c) (1) “Circulating title and summary” means the text that is
required to be placed on a petition for signatures that is either one
of the following:

(A) The summary of the chief purpose and points of a proposed
initiative measure that affects the Constitution or laws of the state,
and the fiscal impact of the proposed initiative measure.

(B) The summary of the chief purpose and points of a
referendum measure that affects a law or laws of the state.

(2) The circulating title and summary shall not exceed 100
words, not including the fiscal impact summary.

SEC. 2.  

Section 2052 of the Elections Code is amended to read:

2052.  

It is the intent of the Legislature to promote the
fundamental right to vote of visually impaired individuals, and to
make efforts to improve public awareness of the availability of
begin delete ballot pamphlet end delete begin insert state voter information guide end insert audio recordings
and improve their delivery to these voters.

SEC. 3.  

Section 2053 of the Elections Code is amended to read:

2053.  

The Secretary of State shall establish a Voting
Accessibility Advisory Committee. The Secretary of State shall
consult with the committee and consider the committee’s
recommendations related to improving the accessibility of elections
for voters with disabilities. The Secretary of State may implement
the committee’s recommendations as he or she deems appropriate.

(a) The committee shall consist of the Secretary of State, his or
her designees, and additional members appointed by the Secretary
of State. The appointees shall have demonstrated experience with
accessibility requirements for voters with disabilities or be a county
elections official.

(b) The committee shall serve in an advisory capacity to the
Secretary of State and shall do all of the following:

(1) Establish guidelines for reaching as many voters with
disabilities as practical.

(2) Make recommendations for improving the availability and
accessibility of election materials, including, but not limited to,
begin delete sample ballots, voter information pamphlets, end delete begin insert state voter
information guides, county voter information guides, end insert and
vote-by-mail ballots, and their delivery in print or alternative
formats to voters with disabilities.

(3) Increase the distribution of public service announcements
identifying the availability of election materials for voters with
disabilities at least 45 days before any federal, state, and local
election.

(4) Make recommendations for improving the accessibility of
election materials made available on Internet Web sites that are in
compliance with the most current, ratified standards under Section
508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec.
794d), as amended, and the Web Content Accessibility Guidelines
2.0 adopted by the World Wide Web Consortium for accessibility.

(5) Promote the Secretary of State’s toll-free voter registration
telephone line for citizens needing voter registration information,
including information for individuals with disabilities, and the
California State Library and regional library services for individuals
who are unable to read conventional print due to a visual,
intellectual, learning, physical, or any other disability.

(6) Make recommendations for providing voters with disabilities
the same access and participation as is provided to other voters
who are not disabled, including the ability to vote privately and
independently.

(7) Establish subcommittees to further the scope and purposes
of the committee as they relate to improving voter services and
access for individuals with disabilities, including, but not limited
to, visually impaired voters and deaf or hard of hearing voters.

(8) Promote the use of plain language and alternative formats
for election materials.

(9) Make recommendations for materials to train poll workers
on issues related to serving voters with disabilities and providing
accessible voting locations.

(c) A member shall not receive compensation, but each member
shall be reimbursed for his or her reasonable and necessary
expenses in connection with service on the committee.

SEC. 4.  

Section 2155.3 of the Elections Code, as added by
Section 4 of Chapter 619 of the Statutes of 2014, is amended to
read:

2155.3.  

(a) In lieu of the voter notification required by Section
2155, a person under 18 years of age who submits an affidavit of
registration pursuant to Section 2101 or subdivision (d) of Section
2102, as amended by begin delete the act adding this section end delete begin insert Chapter 619 of
the Statutes of 2014, end insert shall be sent a voter preregistration notice
upon a determination that the affidavit of registration is properly
executed and that the person otherwise satisfies all eligibility
requirements to vote, except that he or she is under 18 years of
age. The county elections official shall send the voter
preregistration notice by nonforwardable, first-class mail, address
correction requested.

(b) The voter preregistration notice required by subdivision (a)
shall be substantially in the following form:

VOTER PREREGISTRATION NOTICE

Thank you for registering to vote. You may vote in any election
held on or after your 18th birthday.

Your party preference is: (Name of political party)

Before any election in which you are eligible to vote, you will
receive a begin delete sample ballot and voter pamphlet end delete begin insert state voter information
guide and county voter information guide end insert by mail.

If the information on this card is incorrect, please contact our
office or update your registration at the Internet Web site of the
Secretary of State.

SEC. 5.  

Section 2155.3 of the Elections Code, as amended by
Section 29 of Chapter 728 of the Statutes of 2015, is amended to
read:

2155.3.  

(a) In lieu of the voter notification required by Section
2155, a person under 18 years of age who submits an affidavit of
registration pursuant to Section 2101 or subdivision (d) of Section
2102, as amended by begin delete the act adding this section end delete begin insert Chapter 619 of
the Statutes of 2014, end insert shall be sent a voter preregistration notice
upon a determination that the affidavit of registration is properly
executed and that the person otherwise satisfies all eligibility
requirements to vote, except that he or she is under 18 years of
age. The county elections official shall send the voter
preregistration notice by nonforwardable, first-class mail, address
correction requested.

(b) The voter preregistration notice required by subdivision (a)
shall be substantially in the following form:

VOTER PREREGISTRATION NOTICE

Thank you for preregistering to vote. You may vote in any
election held on or after your 18th birthday.

Your party preference is: (Name of political party)

Before any election in which you are eligible to vote, you will
receive a begin delete sample ballot and voter pamphlet end delete begin insert state voter information
guide and county voter information guide end insert by mail.

If the information on this card is incorrect, please contact our
office or update your preregistration at the Internet Web site of
the Secretary of State.

SEC. 6.  

Section 2157.2 of the Elections Code is amended to
read:

2157.2.  

In order that a voter be fully informed of the
permissible uses of personal information supplied by him or her
for the purpose of completing a voter registration affidavit, local
elections officials shall post on any local elections official’s
Internet Web site relating to voter information, and the Secretary
of State shall print in the state begin delete ballot pamphlet end delete begin insert voter information
guide end insert and post on his or her Internet Web site, a statement identical
or substantially similar to the following:

“Information on your voter registration affidavit will be used by
elections officials to send you official information on the voting
process, such as the location of your polling place and the issues
and candidates that will appear on the ballot. Commercial use of
voter registration information is prohibited by law and is a
misdemeanor. Voter information may be provided to a candidate
for office, a ballot measure committee, or other persons for election,
scholarly, journalistic, political, or governmental purposes, as
determined by the Secretary of State. Driver’s license and social
security numbers, or your signature as shown on your voter
registration card, cannot be released for these purposes. If you
have any questions about the use of voter information or wish to
report suspected misuse of such information, please call the
Secretary of State’s Voter Protection and Assistance Hotline.

“Certain voters facing life-threatening situations may qualify
for confidential voter status. For more information, please contact
the Secretary of State’s Safe At Home program or visit the
Secretary of State’s Web site.”

SEC. 7.  

Section 2223 of the Elections Code is amended to read:

2223.  

(a) In lieu of mailing a residency confirmation postcard
to each registered voter in the county, the county elections official
may include the return address of the county elections official’s
office on the outside portion of the begin delete sample ballot end delete begin insert county voter
information guide end insert or begin delete sample ballot end delete begin insert county voter information guide end insert
envelope mailed to the voter for an election conducted within the
last six months preceding the start of the confirmation process,
along with the statements “Address Correction Requested” and
“Notice: If the person named on the begin delete sample ballot end delete begin insert county voter
information guide end insert is not at the address, please help keep the voter
rolls current and save taxpayer dollars by returning this begin delete sample
ballot end delete begin insert county voter information guide end insert to your mail carrier.”

(b) A voter not eligible for an election during the last six months
preceding the start of the confirmation process, or a voter not
mailed a begin delete sample ballot end delete begin insert county voter information guide end insert with an
address correction requested, shall have his or her address
confirmed by either a residency confirmation postcard or an address
verification mailing conducted pursuant to this article using
NCOA/Operation Mail data pursuant to Section 2222 or consumer
credit reporting agency data pursuant to Section 2227.

SEC. 8.  

Section 2224 of the Elections Code, as amended by
Section 54 of Chapter 76 of the Statutes of 2013, is amended to
read:

2224.  

(a) If a voter has not voted in an election within the
preceding four years, and his or her residence address, name, or
party affiliation has not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA
or begin delete sample ballot end delete begin insert county voter information guide end insert returns, but shall
not be used in the residency confirmation process conducted under
Section 2220. The postcard shall be forwardable, including a
postage-paid and preaddressed return form to enable the voter to
verify or correct the address information, and shall be in
substantially the following form:

“If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars
by returning this postcard to your mail carrier.”

“IMPORTANT NOTICE”

“According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in this county you
must confirm your residency address in order to remain on the
active voter list and receive election materials in the mail.”

“If confirmation has not been received within 15 days, you may
be required to provide proof of your residence address in order to
vote at future elections. If you no longer live in ____ County, you
must reregister at your new residence address in order to vote in
the next election. California residents may obtain a mail registration
form by calling the county elections office or the Secretary of
State’s office.”

(b) The use of a toll-free number to confirm the old residence
address is optional. begin delete Any end delete begin insert A end insert change to a voter’s address shall be
received in writing.

(c) A county using the alternate residency confirmation
procedure shall notify all voters of the procedure in the begin delete sample
ballot pamphlet end delete begin insert county voter information guide end insert or in a separate
mailing.

SEC. 9.  

Section 2224 of the Elections Code, as amended by
Section 67 of Chapter 728 of the Statutes of 2015, is amended to
read:

2224.  

(a) If a voter has not voted in an election within the
preceding four years, and his or her residence address, name, or
party preference has not been updated during that time, the county
elections official may send an alternate residency confirmation
postcard. The use of this postcard may be sent subsequent to NCOA
or begin delete sample ballot end delete begin insert county voter information guide end insert returns, but shall
not be used in the residency confirmation process conducted under
Section 2220. The postcard shall be forwardable, including a
postage-paid and preaddressed return form to enable the voter to
verify or correct the address information, and shall be in
substantially the following form:

“If the person named on the postcard is not at this address,
PLEASE help keep the voter rolls current and save taxpayer dollars
by returning this postcard to your mail carrier.”

“IMPORTANT NOTICE”

“According to our records you have not voted in any election
during the past four years, which may indicate that you no longer
reside in ____ County. If you continue to reside in California you
must confirm your residency address in order to remain on the
active voter list and receive election materials in the mail.”

“If confirmation has not been received within 15 days, you may
be required to provide proof of your residence address in order to
vote at future elections.”

(b) The use of a toll-free number to confirm the old residence
address is optional. begin delete Any end delete begin insert A end insert change to a voter’s address shall be
received in writing.

(c) A county using the alternate residency confirmation
procedure shall notify all voters of the procedure in the begin delete sample
ballot pamphlet end delete begin insert county voter information guide end insert or in a separate
mailing.

SEC. 10.  

Section 2300 of the Elections Code is amended to
read:

2300.  

(a) All voters, pursuant to the California Constitution
and this code, shall be citizens of the United States. There shall
be a Voter Bill of Rights for voters, available to the public, which
shall convey all of the following to voters:

(1) (A) You have the right to cast a ballot if you are a valid
registered voter.

(B) A valid registered voter means a United States citizen who
is a resident in this state, who is at least 18 years of age and not in
prison or on parole for conviction of a felony, and who is registered
to vote at his or her current residence address.

(2) You have the right to cast a provisional ballot if your name
is not listed on the voting rolls.

(3) You have the right to cast a ballot if you are present and in
line at the polling place begin delete prior to end delete begin insert before end insert the close of the polls.

(4) You have the right to cast a secret ballot free from
intimidation.

(5) (A) You have the right to receive a new ballot if, begin delete prior to end delete
begin insert before end insert casting your ballot, you believe you made a mistake.

(B) If at any time before you finally cast your ballot, you feel
you have made a mistake, you have the right to exchange the
spoiled ballot for a new ballot. Vote by mail voters may also
request and receive a new ballot if they return their spoiled ballot
to an elections official begin delete prior to end delete begin insert before end insert the closing of the polls on
election day.

(6) You have the right to receive assistance in casting your
ballot, if you are unable to vote without assistance.

(7) You have the right to return a completed vote by mail ballot
to any precinct in the county.

(8) You have the right to election materials in another language,
if there are sufficient residents in your precinct to warrant
production.

(9) (A) You have the right to ask questions about election
procedures and observe the election process.

(B) You have the right to ask questions of the precinct board
and elections officials regarding election procedures and to receive
an answer or be directed to the appropriate official for an answer.
However, if persistent questioning disrupts the execution of their
duties, the begin insert precinct end insert board or election officials may discontinue
responding to questions.

(10) You have the right to report any illegal or fraudulent
activity to a local elections official or to the Secretary of State’s
office.

(b) Beneath the Voter Bill of Rights there shall be listed a
toll-free telephone number to call if a person has been denied a
voting right or to report election fraud or misconduct.

(c) The Secretary of State may do both of the following:

(1) Develop regulations to implement and clarify the Voter Bill
of Rights set forth in subdivision (a).

(2) Revise the wording of the Voter Bill of Rights as necessary
to ensure the use of clear and concise language free from technical
terms.

(d) The Voter Bill of Rights set forth in subdivisions (a) and (b)
shall be made available to the public before each election and on
election day, at a minimum, as follows:

(1) The Voter Bill of Rights shall be printed in the begin delete statewide end delete
begin insert state end insert voter begin delete pamphlet, end delete begin insert information guide, end insert pursuant to Section 9084,
in a minimum of 12-point type. Subparagraph (B) of paragraph
(1) of subdivision (a), subparagraph (B) of paragraph (5) of
subdivision (a), and subparagraph (B) of paragraph (9) of
subdivision (a) may be printed in a smaller point type than the rest
of the Voter Bill of Rights.

(2) Posters or other printed materials containing the Voter Bill
of Rights shall be included in precinct supplies pursuant to Section
14105.

SEC. 11.  

Section 3007 of the Elections Code is amended to
read:

3007.  

The Secretary of State shall prepare and distribute to
appropriate elections officials a uniform application format for a
vote by mail voter’s ballot that conforms to this chapter. This
format shall be followed by all individuals, organizations, and
groups who distribute applications for a vote by mail voter’s ballot.
The uniform format need not be begin delete utilized end delete begin insert used end insert by elections officials
in preparing a vote by mail voter’s ballot application to be included
with the begin delete sample ballot. end delete begin insert county voter information guide. end insert

SEC. 12.  

Section 3019.5 of the Elections Code is amended to
read:

3019.5.  

(a) A county elections official shall establish a free
access system that allows a vote by mail voter to learn if his or her
vote by mail ballot was counted and, if not, the reason why the
ballot was not counted. For each election, the elections official
shall make the free access system available to a vote by mail voter
upon completion of the official canvass and for 30 days after
completion of the official canvas.

(b) For purposes of establishing the free access system for vote
by mail ballots required by subdivision (a), a county elections
official may use the free access system for provisional ballots
established by the county pursuant to Section 302 of the federal
Help America Vote Act of 2002 (52 U.S.C. Sec. 21082).

(c) If a county elections official elects not to mail a begin delete sample ballot end delete
begin insert county voter information guide end insert to a voter pursuant to Section
13305, the elections official shall use any savings achieved to
offset the costs associated with establishing the free access system
for vote by mail ballots required by subdivision (a).

SEC. 13.  

Section 3021.5 of the Elections Code is amended to
read:

3021.5.  

(a) Upon the declaration of an out-of-state emergency
by the Governor and the issuance of an executive order authorizing
an out-of-state emergency worker to cast a ballot outside of his or
her home precinct, a county elections official shall, upon request
of an out-of-state emergency worker pursuant to this chapter, issue
a vote by mail ballot to the out-of-state emergency worker using
a process to be determined by that elections official. The process
shall include all of the following:

(1) Authorization for an out-of-state emergency worker to
request a vote by mail ballot after the close of the vote by mail
ballot application period specified in Section 3001.

(2) Authorization for a vote by mail ballot and accompanying
voting materials to be sent to an out-of-state emergency worker
by mail, facsimile transmission, or electronic transmission, as
requested by the out-of-state emergency worker. An elections
official may use reasonable facsimiles of the begin delete sample ballots end delete begin insert county
voter information guides end insert sent to voters as vote by mail ballots.

(3) A requirement that an out-of-state emergency worker mark
the vote by mail ballot provided to him or her, place it in the vote
by mail ballot identification envelope, and return the vote by mail
ballot to the elections official from whom it was obtained. If no
identification envelope is provided, the envelope used to return
the vote by mail ballot to the elections official shall include the
information required by subdivision (a) of Section 3011 and a
statement signed under penalty of perjury that the voter is an
out-of-state emergency worker.

(b) In order to be counted, a vote by mail ballot cast pursuant
to this section shall be received in compliance with Section 3020.

(c) An elections official shall receive and canvass vote by mail
ballots cast pursuant to this section by the same procedure as for
all other vote by mail ballots cast pursuant to this chapter.

SEC. 14.  

Section 3022 of the Elections Code is amended to
read:

3022.  

The elections official shall include with the begin delete sample ballot end delete
begin insert county voter information guide end insert an application for a vote by mail
ballot.

SEC. 15.  

Section 3023 of the Elections Code is amended to
read:

3023.  

Each ballot that is delivered pursuant to this chapter shall
be accompanied by a begin delete ballot pamphlet, end delete begin insert state voter information
guide, end insert unless the voter has already been provided a begin delete ballot pamphlet. end delete
begin insert state voter information guide. end insert

SEC. 16.  

Section 4101 of the Elections Code is amended to
read:

4101.  

Notwithstanding Sections 13300 and 13303, the elections
official shall not commence to mail the combined begin delete sample ballot end delete
begin insert county voter information guide end insert and mail ballot begin delete prior to end delete begin insert before end insert the
29th day before the election and shall complete the mailing by the
10th day before the election.

SEC. 17.  

Section 9050 of the Elections Code is amended to
read:

9050.  

After the Secretary of State determines that a measure
will appear on the ballot at the next statewide election, the
Secretary of State shall promptly transmit a copy of the measure
to the Attorney General. The Attorney General shall provide and
return to the Secretary of State a ballot title and summary and
ballot label for each measure submitted to the voters of the whole
state by a date sufficient to meet the begin delete ballot pamphlet end delete begin insert state voter
information guide end insert public display deadlines.

SEC. 18.  

Section 9054 of the Elections Code is amended to
read:

9054.  

(a) Whenever a city, county, or city and county is
required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4)
(52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of
1965 to provide a translation of ballot materials in a language other
than English, the Secretary of State shall provide a translation of
the ballot title and summary prepared pursuant to Sections 9050
and 9051 and of the ballot label prepared pursuant to Section 13247
in that language to the city, county, or city and county for each
state measure submitted to the voters in a statewide election not
later than 68 days before that election.

(b) When preparing a translation in a language other than
English pursuant to subdivision (a), the Secretary of State shall
consult with an advisory body consisting of language experts and
nonpartisan organizations that advocate on behalf of, or provide
services to, individuals that speak that language.

(c) All translations prepared pursuant to this section shall be
made available for public examination in the same time and manner
as the begin delete ballot pamphlet end delete begin insert state voter information guide end insert is made
available for public examination in accordance with Section 88006
of the Government Code and Section 9092 of this code.

(d) The local elections official shall use that translation of the
ballot label on the begin delete sample ballot end delete begin insert state voter information guide end insert and
the official ballot and may not select or contract with another
person to provide translations of the same text.

SEC. 19.  

Section 9067 of the Elections Code is amended to
read:

9067.  

If more than one argument begin delete for end delete begin insert for, end insert or more than one
argument begin delete against any end delete begin insert against, a end insert measure is filed within the time
prescribed, the Secretary of State shall select one of the arguments
for printing in the begin delete ballot pamphlets. end delete begin insert county voter information
guides. end insert In selecting the argument the Secretary of State shall give
preference and priority in the order named to the arguments of the
following:

(a) In the case of a measure submitted by the Legislature,
Members of the Legislature.

(b) In the case of an initiative or referendum measure, the
proponent of the begin delete petition. end delete begin insert measure. end insert

(c) Bona fide associations of citizens.

(d) Individual voters.

SEC. 20.  

Section 9068 of the Elections Code is amended to
read:

9068.  

(a) No more than three signatures shall appear with begin delete any end delete
begin insert an end insert argument printed in the begin delete ballot pamphlet. end delete begin insert state voter information
guide. end insert In case begin delete any end delete begin insert an end insert argument is signed by more than three
persons the signatures of the first three shall be printed.

(b) The Secretary of State shall provide, upon request, the name
of, and a telephone number for, each signer of a ballot argument
printed in the begin delete ballot pamphlet. end delete begin insert state voter information guide. end insert

SEC. 21.  

Section 9069 of the Elections Code is amended to
read:

9069.  

When the Secretary of State has received the arguments
that will be printed in the begin delete ballot pamphlet, end delete begin insert state voter information
guide, end insert the Secretary of State, within five days of receipt begin delete thereof, end delete
begin insert of the arguments, end insert shall send copies of the arguments in favor of
the proposition to the authors of the arguments against and copies
of the arguments against to the authors of the arguments in favor.
The authors may prepare and submit rebuttal arguments not
exceeding 250 words, or may authorize in writing begin delete any other end delete
begin insert another end insert person or persons to prepare, submit, or sign the rebuttal
argument. The rebuttal arguments shall be filed with the Secretary
of State no later than a date to be designated by the Secretary of
State.

Rebuttal arguments shall be printed in the same manner as the
direct arguments. Each rebuttal argument shall immediately follow
the direct argument begin delete which end delete begin insert that end insert it seeks to rebut.

SEC. 22.  

The heading of Article 7 (commencing with Section
9080) of Chapter 1 of Division 9 of the Elections Code is amended
to read:

 

Article 7.  begin delete Ballot Pamphlet end delete begin insert State Voter Information Guide end insert

 

SEC. 23.  

Section 9081 of the Elections Code is amended to
read:

9081.  

There shall be a state begin delete ballot pamphlet, end delete begin insert voter information
guide, end insert that the Secretary of State shall prepare.

SEC. 24.  

Section 9082 of the Elections Code is amended to
read:

9082.  

The Secretary of State shall cause to be printed as many
begin delete ballot pamphlets end delete begin insert state voter information guides end insert as needed to
comply with this code.

The begin delete ballot pamphlets end delete begin insert state voter information guides end insert shall be
printed in the Office of State Printing unless the Director of General
Services determines that the printing of the begin delete pamphlets end delete begin insert guides end insert in
the Office of State Printing cannot be done adequately,
competently, or satisfactorily, in which case the Secretary of State,
subject to the approval of the Director of General Services, shall
contract with a private printing concern for the printing of all or a
part of the begin delete pamphlets. end delete begin insert guides. end insert

Copy for preparation of the begin delete ballot pamphlets end delete begin insert state voter
information guides end insert shall be furnished to the Office of State Printing
at least 40 days begin delete prior to end delete begin insert before end insert the date for required delivery to the
elections officials as provided in Section 9094.

SEC. 25.  

Section 9082.5 of the Elections Code is amended to
read:

9082.5.  

The Secretary of State shall cause to be produced an
audio recorded version of the state begin delete ballot pamphlet. end delete begin insert voter
information guide. end insert This audio recorded version shall be made
available in quantities to be determined by the Secretary of State
and shall contain an impartial summary, arguments for and against,
rebuttal arguments, and other information concerning each measure
that the Secretary of State determines will make the audio recorded
version of the state begin delete ballot pamphlet end delete begin insert voter information guide end insert easier
to understand or more useful to the average voter.

SEC. 26.  

Section 9082.7 of the Elections Code is amended to
read:

9082.7.  

(a) The Secretary of State shall make available the
complete state begin delete ballot pamphlet end delete begin insert voter information guide end insert over the
Internet. The online version of the state begin delete ballot pamphlet end delete begin insert voter
information guide end insert shall contain all of the following:

(1) For each candidate listed in the begin delete pamphlet, end delete begin insert guide, end insert a means
to access campaign contribution disclosure reports for the candidate
that are available online.

(2) For each state ballot measure listed in the begin delete pamphlet, end delete begin insert guide, end insert
a means to access the consolidated information specified in
subdivision (b).

(b) The Secretary of State shall create an Internet Web site, or
use other available technology, to consolidate information about
each state ballot measure in a manner that is easy for voters to
access and understand. The information shall include all of the
following:

(1) A summary of the ballot measure’s content.

(2) The total amount of reported contributions made in support
of and opposition to the ballot measure, calculated and updated as
follows:

(A) (i) The total amount of contributions in support of the ballot
measure shall be calculated by adding together the total amounts
of contributions made in support of the ballot measure and reported
in semiannual statements required by Section 84200 of the
Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

(ii) The total amount of contributions in opposition to the ballot
measure shall be calculated by adding together the total amounts
of contributions made in opposition to the ballot measure and
reported in semiannual statements required by Section 84200 of
the Government Code, preelection statements required by Section
84200.5 of the Government Code, campaign statements required
by Section 84202.3 of the Government Code, and late contribution
reports required by Section 84203 of the Government Code that
are reported within 16 days of the election at which the measure
will appear on the ballot.

(iii) For purposes of determining the total amount of reported
contributions pursuant to this subparagraph, the Secretary of State
shall, to the extent practicable with respect to committees primarily
formed to support or oppose a ballot measure, do both of the
following:

(I) Ensure that transfers of funds between primarily formed
committees are not counted twice.

(II) Treat a contribution made to a primarily formed committee
that supports or opposes more than one state ballot measure as if
the total amount of that contribution was made for each state ballot
measure that the committee supports or opposes.

(B) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be updated not
later than five business days after receipt of a semiannual statement,
campaign statement, or preelection statement and not later than
two business days after receipt of a late contribution report within
16 days of the election at which the measure will appear on the
ballot.

(C) The total amount of reported contributions calculated under
this paragraph for each state ballot measure shall be accompanied
by an explanation that the contribution totals may be overstated
due to the inclusion of contributions made to committees
supporting or opposing more than one state ballot measure, as
required by subclause (II) of clause (iii) of subparagraph (A).

(3) A current list of the top 10 contributors supporting and
opposing the ballot measure, if compiled by the Fair Political
Practices Commission pursuant to subdivision (e) of Section 84223
of the Government Code.

(4) (A) A list of each committee primarily formed to support
or oppose the ballot measure, as described in Section 82047.5 of
the Government Code, and a means to access information about
the sources of begin delete funding end delete begin insert contributions end insert reported for each committee.

(B) Information about the sources of contributions shall be
updated as new information becomes available to the public
pursuant to the Political Reform Act of 1974 (Title 9 (commencing
with Section 81000) of the Government Code).

(C) If a committee identified in subparagraph (A) receives one
million dollars ($1,000,000) or more in contributions for an
election, the Secretary of State shall provide a means to access
online information about the committee’s top 10 contributors
reported to the Fair Political Practices Commission pursuant to
subdivision (a) of Section 84223 of the Government Code.

(D) Notwithstanding paragraph (1) of subdivision (c) of Section
84223 of the Government Code, the Fair Political Practices
Commission shall automatically provide any list of top 10
contributors created pursuant to Section 84223 of the Government
Code, and any subsequent updates to that list, to the Secretary of
State for purposes of compliance with this section.

(5) Any other information deemed relevant by the Secretary of
State.

(c) Information made available over the Internet pursuant to
this section shall meet or exceed the most current, ratified standards
under Section 508 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794d), as amended, and the Web Content Accessibility
Guidelines 2.0 adopted by the World Wide Web Consortium for
accessibility. The Secretary of State may also implement
recommendations of the Voting Accessibility Advisory Committee
made pursuant to paragraph (4) of subdivision (b) of Section 2053.

SEC. 27.  

Section 9083 of the Elections Code is amended to
read:

9083.  

If the ballot contains a question as to the confirmation
of a justice of the Supreme Court or a court of appeal, the Secretary
of State shall include in the state begin delete ballot pamphlet end delete begin insert voter information
guide end insert a written explanation of the electoral procedure for justices
of the Supreme Court and the courts of appeal. The explanation
shall state the following:

“Under the California Constitution, justices of the Supreme Court
and the courts of appeal are subject to confirmation by the voters.
The public votes “yes” or “no” on whether to retain each justice.

“These judicial offices are nonpartisan.

“Before a person can become an appellate justice, the Governor
must submit the candidate’s name to the Judicial Nominees
Evaluation Commission, which is comprised of public members
and lawyers. The commission conducts a thorough review of the
candidate’s background and qualifications, with community input,
and then forwards its evaluation of the candidate to the Governor.

“The Governor then reviews the commission’s evaluation and
officially nominates the candidate, whose qualifications are subject
to public comment before examination and review by the
Commission on Judicial Appointments. That commission consists
of the Chief Justice of California, the Attorney General of
California, and a senior Presiding Justice of the Courts of Appeal.
The Commission on Judicial Appointments must then confirm or
reject the nomination. Only if confirmed does the nominee become
a justice.

“Following confirmation, the justice is sworn into office and is
subject to voter approval at the next gubernatorial election, and
thereafter at the conclusion of each term. The term prescribed by
the California Constitution for justices of the Supreme Court and
courts of appeal is 12 years. Justices are confirmed by the
Commission on Judicial Appointments only until the next
gubernatorial election, at which time they run for retention of the
remainder of the term, if any, of their predecessor, which will be
either four or eight years.”

SEC. 28.  

Section 9083.5 of the Elections Code is amended to
read:

9083.5.  

(a) If a candidate for nomination or election to a
partisan office will appear on the ballot, the Secretary of State shall
include in the state begin delete ballot pamphlet end delete begin insert voter information guide end insert a
written explanation of the election procedure for such offices. The
explanation shall read substantially similar to the following:

PARTY-NOMINATED/PARTISAN OFFICES

Under the California Constitution, political parties may formally
nominate candidates for party-nominated/partisan offices at the
primary election. A candidate so nominated will then represent
that party as its official candidate for the office in question at the
ensuing general election and the ballot will reflect an official
designation to that effect. The top votegetter for each party at the
primary election is entitled to participate in the general election.
Parties also elect officers of official party committees at a partisan
primary.

No voter may vote in the primary election of any political party
other than the party he or she has disclosed a preference for upon
registering to vote. However, a political party may authorize a
person who has declined to disclose a party preference to vote in
that party’s primary election.

(b) If any candidate for nomination or election to a
voter-nominated office will appear on the ballot, the Secretary of
State shall include in the state begin delete ballot pamphlet end delete begin insert voter information
guide end insert a written explanation of the election procedure for such
offices. The explanation shall read substantially similar to the
following:

VOTER-NOMINATED OFFICES

Under the California Constitution, political parties are not entitled
to formally nominate candidates for voter-nominated offices at the
primary election. A candidate nominated for a voter-nominated
office at the primary election is the nominee of the people and not
the official nominee of any party at the following general election.
A candidate for nomination or election to a voter-nominated office
shall have his or her party preference, or lack of party preference,
reflected on the primary and general election ballot, but the party
preference designation is selected solely by the candidate and is
shown for the information of the voters only. It does not constitute
or imply an endorsement of the candidate by the party designated,
or affiliation between the party and candidate, and no candidate
nominated by the qualified voters for any voter-nominated office
shall be deemed to be the officially nominated candidate of any
political party. The parties may list the candidates for
voter-nominated offices who have received the official endorsement
of the party in the begin delete sample ballot. end delete begin insert county voter information guide. end insert

All voters may vote for any candidate for a voter-nominated
office, provided they meet the other qualifications required to vote
for that office. The top two votegetters at the primary election
advance to the general election for the voter-nominated office,
even if both candidates have specified the same party preference
designation. begin delete No end delete begin insert A end insert party is begin insert not end insert entitled to have a candidate with its
party preference designation participate in the general election
unless such candidate is one of the two highest votegetters at the
primary election.

(c) If any candidate for nomination or election to a nonpartisan
office, other than judicial office, shall appear on the ballot, the
Secretary of State shall include in the state begin delete ballot pamphlet end delete begin insert voter
information guide end insert a written explanation of the election procedure
for such offices. The explanation shall read substantially similar
to the following:

NONPARTISAN OFFICES

Under the California Constitution, political parties are not entitled
to nominate candidates for nonpartisan offices at the primary
election, and a candidate nominated for a nonpartisan office at the
primary election is not the official nominee of any party for the
office in question at the ensuing general election. A candidate for
nomination or election to a nonpartisan office may NOT designate
his or her party preference, or lack of party preference, on the
primary and general election ballot. The top two votegetters at the
primary election advance to the general election for the nonpartisan
office.

(d) Posters or other printed materials containing the notices
specified in subdivisions (a) to (c), inclusive, shall be included in
the precinct supplies pursuant to Section 14105.

SEC. 29.  

Section 9084 of the Elections Code is amended to
read:

9084.  

The begin delete ballot pamphlet end delete begin insert state voter information guide end insert shall
contain all of the following:

(a) A complete copy of each state measure.

(b) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.

(c) A copy of the arguments and rebuttals for and against each
state measure.

(d) A copy of the analysis of each state measure.

(e) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the begin delete ballot
pamphlet end delete begin insert state voter information guide end insert easier to understand or
more useful for the average voter.

(f) A notice, conspicuously printed on the cover of the begin delete ballot
pamphlet, end delete begin insert state voter information guide, end insert indicating that additional
copies of the begin delete ballot pamphlet end delete begin insert state voter information guide end insert will
be mailed by the county elections official upon request.

(g) A written explanation of the judicial retention procedure as
required by Section 9083.

(h) The Voter Bill of Rights pursuant to Section 2300.

(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to
place a statement in the state begin delete ballot pamphlet end delete begin insert voter information
guide end insert that does not exceed 250 words. The statement begin delete may end delete begin insert shall end insert
not make any reference to any opponent of the candidate. The
statement shall be submitted in accordance with timeframes and
procedures set forth by the Secretary of State for the preparation
of the state begin delete ballot pamphlet. end delete begin insert voter information guide. end insert

(j) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.

(k) If the ballot contains an election for the offices of President
and Vice President of the United States, a notice that refers voters
to the Secretary of State’s Internet Web site for information about
candidates for the offices of President and Vice President of the
United States.

(l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5.

(m) A written explanation of the top 10 contributor lists required
by Section 84223 of the Government Code, including a description
of the Internet Web sites where those lists are available to the
public.

SEC. 30.  

Section 9085 of the Elections Code is amended to
read:

9085.  

(a) The begin delete ballot pamphlet end delete begin insert state voter information guide end insert
shall also contain a section, located near the front of the begin delete pamphlet, end delete
begin insert guide, end insert that provides a concise summary of the general meaning
and effect of “yes” and “no” votes on each state measure.

(b) The summary statements required by this section shall be
prepared by the Legislative Analyst. These statements are not
intended to provide comprehensive information on each measure.
The Legislative Analyst shall be solely responsible for determining
the contents of these statements. The statements shall be available
for public examination and amendment pursuant to Section 9092.

SEC. 31.  

Section 9086 of the Elections Code is amended to
read:

9086.  

The begin delete ballot pamphlet end delete begin insert state voter information guide end insert shall
contain as to each state measure to be voted upon, the following,
in the order set forth in this section:

(a) (1) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:

(A) Identification of the measure by number and title.

(B) The official summary prepared by the Attorney General.

(C) The total number of votes cast for and against the measure
in both the State Senate and Assembly, if the measure was passed
by the Legislature.

(2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 and Section 88003 of the Government Code
shall not be included when measuring the amount of space the
information described in paragraph (1) has taken for purposes of
determining compliance with the restriction prohibiting the
information described in paragraph (1) from exceeding one-third
of the page.

(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative begin delete Analyst, provided that end delete begin insert Analyst
if end insert the analysis fits on a single page. If it does not fit on a single
page, the analysis shall begin on the lower portion of the first left
page and shall continue on subsequent pages until it is completed.

(c) Immediately below the analysis prepared by the Legislative
Analyst shall appear a printed statement that refers voters to the
Secretary of State’s Internet Web site for a list of committees
primarily formed to support or oppose a ballot measure, and
information on how to access the committee’s top 10 contributors.

(d) Arguments for and against the measure shall be placed on
the next left and right pages, respectively, following the final page
of the analysis of the Legislative Analyst. The rebuttals shall be
placed immediately below the arguments.

(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.

(f) The complete text of each measure shall appear at the back
of the begin delete pamphlet. end delete begin insert guide. end insert The text of the measure shall contain the
provisions of the proposed measure and the existing begin delete provisions of
law end delete begin insert laws end insert repealed or revised by the measure. The provisions of
the proposed measure differing from the existing begin delete provisions of
law end delete begin insert laws end insert affected shall be distinguished in print, so as to facilitate
comparison.

(g) The following statement shall be printed at the bottom of
each page where arguments appear: “Arguments printed on this
page are the opinions of the authors, and have not been checked
for accuracy by any official agency.”

SEC. 32.  

Section 9087 of the Elections Code is amended to
read:

9087.  

(a) The Legislative Analyst shall prepare an impartial
analysis of the measure describing the measure and including a
fiscal analysis of the measure showing the amount of any increase
or decrease in revenue or cost to state or local government. If it is
estimated that a measure would result in increased cost to the state,
an analysis of the measure’s estimated impact on the state shall be
provided, including an estimate of the percentage of the General
Fund that would be expended due to the measure, using visual aids
when appropriate. An estimate of increased cost to the state or
local governments shall be set out in boldface print in the begin delete ballot
pamphlet. end delete begin insert state voter information guide. end insert

(b) The analysis shall be written in clear and concise terms, so
as to be easily understood by the average voter, and shall avoid
the use of technical terms wherever possible. The analysis may
contain background information, including the effect of the
measure on existing law and the effect of enacted legislation which
will become effective if the measure is adopted, and shall generally
set forth in an impartial manner the information the average voter
needs to adequately understand the measure. To the extent
practicable, the Legislative Analyst shall begin delete utilize end delete begin insert use end insert a uniform
method in each analysis to describe the estimated increase or
decrease in revenue or cost of a measure, so that the average voter
may draw comparisons among the fiscal impacts of measures. The
condensed statement of the fiscal impact summary for the measure
prepared by the Attorney General to appear on the ballot shall
contain the uniform estimate of increase or decrease in revenue or
cost of the measure prepared pursuant to this subdivision.

(c) The Legislative Analyst may contract with a professional
writer, educational specialist, or another person for assistance in
writing an analysis that fulfills the requirements of this section,
including the requirement that the analysis be written so that it
will be easily understood by the average voter. The Legislative
Analyst may also request the assistance of a state department,
agency, or official in preparing his or her analysis.

(d)  begin delete Prior to end delete begin insert Before end insert submitting the analysis to the Secretary of
State, the Legislative Analyst shall submit the analysis to a
committee of five persons, appointed by the Legislative Analyst,
for the purpose of reviewing the analysis to confirm its clarity and
easy comprehension to the average voter. The committee shall be
drawn from the public at large, and one member shall be a
specialist in education, one member shall be bilingual, and one
member shall be a professional writer. Members of the committee
shall be reimbursed for reasonable and necessary expenses incurred
in performing their duties. Within five days of the submission of
the analysis to the committee, the committee shall make
recommendations to the Legislative Analyst as it deems appropriate
to guarantee that the analysis can be easily understood by the
average voter. The Legislative Analyst shall consider the
committee’s recommendations, and he or she shall incorporate in
the analysis those changes recommended by the committee that
he or she deems to be appropriate. The Legislative Analyst is solely
responsible for determining the content of the analysis required
by this section.

(e) (1) The title and summary of any measure that appears on
the ballot shall be amended to contain a summary of the Legislative
Analyst’s estimate of the net state and local government fiscal
impact.

(2) For state bond measures that are submitted to the voters for
their approval or rejection, the summary of the Legislative
Analyst’s estimate described in paragraph (1) shall include an
explanatory table of the information in the summary.

SEC. 33.  

Section 9088 of the Elections Code is amended to
read:

9088.  

(a) At each statewide election at which state bond
measures will be submitted to the voters for their approval or
rejection, the begin delete ballot pamphlet end delete begin insert state voter information guide end insert for
that election shall include a discussion, prepared by the Legislative
Analyst, of the state’s current bonded indebtedness situation.

(b) This discussion shall include information as to the dollar
amount of the state’s current authorized and outstanding bonded
indebtedness, the approximate percentage of the state’s General
Fund revenues which are required to service this indebtedness,
and the expected impact of the issuance of the bonds to be approved
at the election on the items specified in this subdivision. In cases
where a bond measure allocates funds for programs, the discussion
shall also include, to the extent practicable, the proportionate share
of funds for each major program funded by the measure.

(c) The discussion required by this section shall appear on a
separate page in the begin delete ballot pamphlet end delete begin insert state voter information guide end insert
immediately following the rebuttal to the argument against the last
ballot measure included in the begin delete ballot pamphlet. end delete begin insert state voter
information guide. end insert

SEC. 34.  

Section 9089 of the Elections Code is amended to
read:

9089.  

Measures shall be printed in the begin delete ballot pamphlet, end delete begin insert state
voter information guide, end insert so far as possible, in the same order,
manner and form in which they are designated upon the ballot.

SEC. 35.  

Section 9090 of the Elections Code is amended to
read:

9090.  

The begin delete ballot pamphlet end delete begin insert state voter information guide end insert shall
be printed according to the following specifications:

(a) The begin delete pamphlet end delete begin insert guide end insert shall be printed in clear readable type,
no less than 10-point, except that the text of any measure may be
set forth in eight-point type.

(b) The begin delete pamphlet end delete begin insert guide end insert shall be of a size and printed on a quality
and weight of paper which, in the judgment of the Secretary of
State, best serves the voters.

(c) The begin delete pamphlet end delete begin insert guide end insert shall contain a certificate of correctness
by the Secretary of State.

SEC. 36.  

Section 9092 of the Elections Code is amended to
read:

9092.  

Not less than 20 days before he or she submits the copy
for the begin delete ballot pamphlet end delete begin insert state voter information guide end insert to the State
Printer, the Secretary of State shall make the copy available for
public examination. Any elector may seek a writ of mandate
requiring begin delete any end delete begin insert a end insert copy to be amended or deleted from the begin delete ballot
pamphlet. end delete begin insert state voter information guide. end insert A peremptory writ of
mandate shall issue only upon clear and convincing proof that the
copy in question is false, misleading, or inconsistent with the
requirements of this code or Chapter 8 (commencing with Section
88000) of Title 9 of the Government Code, and that issuance of
the writ will not substantially interfere with the printing and
distribution of the begin delete ballot pamphlet end delete begin insert state voter information guide end insert
as required by law. Venue for a proceeding under this section shall
be exclusively in Sacramento County. The Secretary of State shall
be named as the respondent and the State Printer and the person
or official who authored the copy in question shall be named as
real parties in interest. If the proceeding is initiated by the Secretary
of State, the State Printer shall be named as the respondent.

SEC. 37.  

Section 9093 of the Elections Code is amended to
read:

9093.  

Notwithstanding Section 81012 of the Government Code,
the Legislature may without restriction amend this article to add
to the begin delete ballot pamphlet end delete begin insert state voter information guide end insert information
regarding candidates or any other information.

SEC. 38.  

Section 9094 of the Elections Code is amended to
read:

9094.  

(a) The Secretary of State shall mail begin delete ballot pamphlets end delete
begin insert state voter information guides end insert to voters, in those instances in which
the county elections official uses data processing equipment to
store the information set forth in the affidavits of registration,
before the election at which measures contained in the begin delete ballot
pamphlet end delete begin insert state voter information guide end insert are to be voted on unless
a voter has registered fewer than 29 days before the election. The
mailing shall commence not less than 40 days before the election
and shall be completed no later than 21 days before the election
for those voters who registered on or before the 60th day before
the election. The Secretary of State shall mail one copy of the
begin delete ballot pamphlet end delete begin insert state voter information guide end insert to each registered
voter at the postal address stated on the voter’s affidavit of
registration, or the Secretary of State may mail only one begin delete ballot
pamphlet end delete begin insert state voter information guide end insert to two or more registered
voters having the same postal address.

(b) In those instances in which the county elections official does
not begin delete utilize end delete begin insert use end insert data processing equipment to store the information
set forth in the affidavits of registration, the Secretary of State shall
furnish begin delete ballot pamphlets end delete begin insert state voter information guides end insert to the
county elections official not less than 45 days before the election
at which measures contained in the begin delete ballot pamphlet end delete begin insert state voter
information guide end insert are to be voted on and the county elections
official shall mail begin delete ballot pamphlets end delete begin insert state voter information guides end insert
to voters, on the same dates and in the same manner provided by
subdivision (a).

(c) The Secretary of State shall provide for the mailing of begin delete ballot
pamphlets end delete begin insert state voter information guides end insert to voters registering after
the 60th day before the election and before the 28th day before the
election, by either: (1) mailing in the manner as provided in
subdivision (a), or (2) requiring the county elections official to
mail begin delete ballot pamphlets end delete begin insert state voter information guides end insert to those voters
registering in the county after the 60th day before the election and
before the 28th day before the election pursuant to begin delete the provisions
of end delete this section. The second mailing of begin delete ballot pamphlets end delete begin insert state voter
information guides end insert shall be completed no later than 10 days before
the election. The county elections official shall mail a begin delete ballot
pamphlet end delete begin insert state voter information guide end insert to any person requesting
a begin delete ballot pamphlet. end delete begin insert state voter information guide. end insert Three copies, to
be supplied by the Secretary of State, shall be kept at every polling
place, while an election is in progress, so that they may be freely
consulted by the voters.

SEC. 39.  

Section 9094.5 of the Elections Code is amended to
read:

9094.5.  

(a) The Secretary of State shall establish processes to
enable a voter to do both of the following:

(1) Opt out of receiving by mail the state begin delete ballot pamphlet end delete begin insert voter
information guide end insert prepared pursuant to Section 9081.

(2) When the state begin delete ballot pamphlet end delete begin insert voter information guide end insert is
available, receive either the state begin delete ballot pamphlet end delete begin insert voter information
guide end insert in an electronic format or an electronic notification making
the begin delete pamphlet end delete begin insert guide end insert available by means of online access.

(b) The processes described in subdivision (a) shall become
effective only after the Secretary of State certifies that the state
has a statewide voter registration database that complies with the
federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et
seq.).

(c) The processes described in subdivision (a) shall not apply
where two or more registered voters have the same postal address
unless each voter who shares the same postal address has chosen
to discontinue receiving the begin delete ballot pamphlet end delete begin insert state voter information
guide end insert by mail.

(d) The Secretary of State shall also establish a procedure to
permit a voter to begin receiving the begin delete ballot pamphlet end delete begin insert state voter
information guide end insert by mail again after the voter has discontinued
receiving it pursuant to subdivision (a).

SEC. 40.  

Section 9095 of the Elections Code is amended to
read:

9095.  

Any costs incurred by a county for mailing the begin delete ballot
pamphlets end delete begin insert state voter information guides end insert pursuant to the provisions
of subdivisions (b) and (c) of Section 9094 shall be reimbursed to
the county by the Secretary of State.

SEC. 41.  

Section 9096 of the Elections Code is amended to
read:

9096.  

(a) As soon as copies of the begin delete ballot pamphlet end delete begin insert state voter
information guide end insert are available, the Secretary of State shall
immediately mail the following number of copies to the listed
persons and places:

(1) Five copies to each county elections official or registrar of
voters.

(2) Six copies to each city elections official.

(3) Five copies to each Member of the Legislature.

(4) Five copies to the proponents of each ballot measure.

(b) The Secretary of State shall also mail:

(1) Two copies to each public library and branch begin delete thereof. end delete begin insert of
each public library. end insert

(2) Twelve copies to each public high school or other public
school teaching at least the 11th and 12th grades, and 25 copies
to each public begin delete institution of higher learning. end delete begin insert postsecondary
educational institution. end insert Upon request, and in the discretion of the
Secretary of State, additional copies may be furnished to these
persons and institutions.

SEC. 42.  

Section 9160 of the Elections Code is amended to
read:

9160.  

(a) Whenever a county measure qualifies for a place on
the ballot, the county elections official shall transmit a copy of the
measure to the county auditor and to the county counsel or to the
district attorney in a county that has no county counsel.

(b) The county counsel or 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. The analysis
shall 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. The analysis shall be
printed preceding the arguments for and against the measure. The
analysis may not exceed 500 words in length.

begin delete In the event end delete begin insert If end insert the entire text of the measure is not printed on the
ballot, nor in the begin delete voter information portion of the sample ballot, end delete
begin insert county voter information guide end insert there shall be printed immediately
below the impartial analysis, in no less than 10-point boldface
type, a legend substantially as follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

The elections official may, at his or her discretion, add the
following message: “You may also access the full text of the
measure on the county Web site at the following Web site address
(insert Web site address).”

(c) Not later than 88 days begin delete prior to end delete begin insert before end insert an election that includes
a county ballot measure, the board of supervisors may direct the
county auditor to review the measure and determine begin delete whether end delete begin insert if end insert the
substance begin delete thereof, end delete begin insert of the county ballot measure, end insert if adopted, would
affect the revenues or expenditures of the county. He or she shall
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. The fiscal impact statement is
“official matter” within the meaning of Section 13303, and shall
be printed preceding the arguments for and against the measure.
The fiscal impact statement may not exceed 500 words in length.

SEC. 43.  

Section 9162 of the Elections Code is amended to
read:

9162.  

(a) The board of supervisors or any member or members
of the board, or begin delete any end delete begin insert an end insert individual voter who is eligible to vote on
the measure, or bona fide association of citizens, or begin delete any end delete begin insert a end insert
combination of these voters and associations may file a written
argument for or against any county measure. begin delete No end delete begin insert An end insert argument shall
begin insert not end insert exceed 300 words in length. The county elections official shall
cause an argument for and an argument against the measure, and
the analysis of the measure, to be printed, and shall enclose a copy
of both arguments preceded by the analysis with each begin delete sample
ballot. end delete begin insert county voter information guide. end insert The printed arguments and
the analysis are “official matter” within the meaning of Section
13303.

(b) The following statement shall be printed on the front cover,
or if none, on the heading of the first page, of the printed
arguments:

“Arguments in support of or in opposition to the proposed laws
are the opinions of the authors.”

(c) Printed arguments submitted to voters in accordance with
this section shall be titled either “Argument In Favor Of Measure
____” or “Argument Against Measure ____,” accordingly, the
blank spaces being filled in only with the letter or number, if any,
which designates the measure. At the discretion of the county
elections official, the word “Proposition” may be substituted for
the word “Measure” in the titles. Words used in the title shall not
be counted when determining the length of begin delete any end delete begin insert an end insert argument.

SEC. 44.  

Section 9163 of the Elections Code is amended to
read:

9163.  

Based on the time reasonably necessary to prepare and
print the arguments, analysis, and begin delete sample ballots end delete begin insert county voter
information guides end insert and to permit the 10-calendar-day public
examination as provided in Article 5 (commencing with Section
9190) for the particular election, the county elections official shall
fix and determine a reasonable date begin delete prior to end delete begin insert before end insert the election
after which no arguments for or against any county measure may
be submitted for printing and distribution to the voters as provided
in this article. Notice of the date fixed shall be published by the
county elections official pursuant to Section 6061 of the
Government Code. Arguments may be changed until and including
the date fixed by the county elections official.

SEC. 45.  

Section 9280 of the Elections Code is amended to
read:

9280.  

Whenever a city measure qualifies for a place on the
ballot, the governing body may direct the city elections official to
transmit a copy of the measure to the city attorney, unless the
organization or salaries of the office of the city attorney are
affected. The city 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. The analysis shall 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
governing body of the city. If the measure affects the organization
or salaries of the office of the city attorney, the governing board
may direct the city elections official to prepare the impartial
analysis. The analysis shall be printed preceding the arguments
for and against the measure. The analysis shall not exceed 500
words in length.

begin delete In the event end delete begin insert If end insert the entire text of the measure is not printed on the
ballot, nor in the voter information begin delete portion of the sample ballot, end delete
begin insert guide, end insert there shall be printed immediately below the impartial
analysis, in no less than 10-point bold type, a legend substantially
as follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

SEC. 46.  

Section 9282 of the Elections Code is amended to
read:

9282.  

(a) For measures placed on the ballot by petition, the
persons filing an initiative petition pursuant to this article may file
a written argument in favor of the ordinance, and the legislative
body may submit an argument against the ordinance.

(b) For measures placed on the ballot by the legislative body,
the legislative body, or begin delete any end delete begin insert a end insert member or members of the legislative
body authorized by that body, or begin delete any end delete begin insert an end insert individual voter who is
eligible to vote on the measure, or bona fide association of citizens,
or begin delete any end delete begin insert a end insert combination of voters and associations, may file a written
argument for or against any city measure.

(c)  begin delete No end delete begin insert An end insert argument shall begin insert not end insert exceed 300 words in length.

(d) The city elections official shall include the following
statement on the front cover, or if none, on the heading of the first
page, of the printed arguments:

“Arguments in support or opposition of the proposed laws are
the opinions of the authors.”

(e) The city elections official shall enclose a printed copy of
both arguments with each begin delete sample ballot; provided, that end delete begin insert voter
information guide, but end insert only those arguments filed pursuant to this
section shall be printed and enclosed with the begin delete sample ballot. end delete begin insert voter
information guide. end insert The printed arguments are “official matter”
within the meaning of Section 13303.

(f) Printed arguments submitted to voters in accordance with
this section shall be titled either “Argument In Favor Of Measure
____” or “Argument Against Measure ____,” accordingly, the
blank spaces being filled in only with the letter or number, if any,
designating the measure. At the discretion of the elections official,
the word “Proposition” may be substituted for the word “Measure”
in these titles.

SEC. 47.  

Section 9285 of the Elections Code is amended to
read:

9285.  

(a) (1) When an argument in favor and an argument
against a measure have been selected to be printed in the begin delete ballot
pamphlet, end delete begin insert voter information guide, end insert the elections official shall send
a copy of the argument in favor of the measure to the authors of
the argument against the measure and a copy of an argument
against the measure to the authors of the argument in favor of the
measure.

(2) The author or a majority of the authors of an argument
relating to a city measure may prepare and submit a rebuttal
argument or may authorize in writing begin delete any other end delete begin insert another end insert person or
persons to prepare, submit, or sign the rebuttal argument.

(3)  begin delete No end delete begin insert A end insert rebuttal argument begin delete may end delete begin insert shall not end insert exceed 250 words.

(4) A rebuttal argument relating to a city measure shall be filed
with the elections official no later than 10 days after the final filing
date for primary arguments.

(5) A rebuttal argument relating to a city measure begin delete may end delete begin insert shall end insert not
be signed by more than five begin delete persons and end delete begin insert persons, end insert shall be printed
in the same manner as a direct begin delete argument end delete begin insert argument, end insert and shall
immediately follow the direct argument which it seeks to rebut.

(b) Subdivision (a) applies only if, not later than the day on
which the legislative body calls an election, the legislative body
adopts its provisions by majority vote, in which case subdivision
(a) applies at the next ensuing municipal election and at each
municipal election thereafter, unless later repealed by the legislative
body in accordance with the procedures of this subdivision.

SEC. 48.  

Section 9286 of the Elections Code is amended to
read:

9286.  

(a) Based on the time reasonably necessary to prepare
and print the arguments and begin delete sample ballots end delete begin insert voter information
guides end insert and to permit the 10-calendar-day public examination as
provided in Article 6 (commencing with Section 9295) for the
particular election, the city elections official shall fix a date 14
days from the calling of the election as a deadline, after which no
arguments for or against begin delete any end delete begin insert a end insert city measure may be submitted for
printing and distribution to the voters, as provided in this article.
Arguments may be changed or withdrawn by their proponents until
and including the date fixed by the city elections official during
the normal business hours of the elections official’s office, as
posted.

(b) The requirement in subdivision (a) that the period for
submitting arguments for inclusion with the begin delete sample ballot end delete begin insert voter
information guide end insert materials must be 14 days from the calling of
the election begin delete is not applicable end delete begin insert does not apply end insert when the election is
consolidated with another election pursuant to Part 3 (commencing
with Section 10400) of Division 10.

SEC. 49.  

Section 9312 of the Elections Code is amended to
read:

9312.  

Whenever begin delete any end delete begin insert an end insert ordinance is required by this article
to be submitted to the voters of a district at begin delete any end delete begin insert an end insert election, the
district elections official shall cause the ordinance to be printed.
A copy of the ordinance shall be made available to any voter upon
request.

The district elections official shall mail with the begin delete sample ballot end delete
begin insert voter information guide end insert to each voter the following notice printed
in no less than 10-point type.

“If you desire a copy of the proposed ordinance, please call the
district elections official’s office at (insert telephone number) and
a copy will be mailed at no cost to you.”

SEC. 50.  

Section 9313 of the Elections Code is amended to
read:

9313.  

Except as provided in Section 9314, whenever a district
measure is submitted to the voters, the district elections official
shall transmit a copy of the measure to the county counsel, or to
the district attorney if there is no county counsel, of the county
that contains the largest number of registered voters of the district.
The county counsel or 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. The analysis shall
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 governing body of the district. The analysis shall be
printed preceding the arguments for and against the measure. The
analysis shall not exceed 500 words in length.

begin delete In the event end delete begin insert If end insert the entire text of the measure is not printed on the
ballot nor in the voter information begin delete portion of the sample ballot, end delete
begin insert guide, end insert there shall be printed immediately below the impartial
analysis, in no less than 10-point bold type, a legend substantially
as follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the district elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

SEC. 51.  

Section 9314 of the Elections Code is amended to
read:

9314.  

(a) Whenever a district measure is submitted to the
voters of a water district, the district elections official shall transmit
a copy of the measure to the legal counsel for the water district,
or to the county counsel if there is no legal counsel for the water
district, of the county that contains the largest number of registered
voters of the water district. Except as otherwise provided in
subdivision (b), if there is a legal counsel for the water district, he
or she shall prepare, subject to review and revision by the county
counsel, an impartial analysis of the measure showing the effect
of the measure on the existing law and the operation of the
measure. The analysis shall 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 governing body of the water
district. The analysis shall be printed preceding the arguments for
and against the measure. The analysis shall not exceed 500 words
in length.

begin delete In the event end delete begin insert If end insert the entire text of the measure is not printed on the
ballot nor in the voter information begin delete portion of the sample ballot, end delete
begin insert guide, end insert there shall be printed immediately below the impartial
analysis, in no less than 10-point bold type, a legend substantially
as follows:

“The above statement is an impartial analysis of Ordinance or
Measure ____. If you desire a copy of the ordinance or measure,
please call the district elections official’s office at (insert telephone
number) and a copy will be mailed at no cost to you.”

(b) If there is no legal counsel for the water district, or if the
legal counsel for the water district and the county counsel so agree,
the county counsel shall prepare the impartial analysis.

(c) As used in this section:

(1) “Legal counsel for the water district” means the attorney
designated under the district’s conflict of interest code as its legal
officer pursuant to Article 3 (commencing with Section 87300) of
Chapter 7 of Title 9 of the Government Code.

(2) “County counsel” means the district attorney if there is no
county counsel.

(3) “Water district” means a water district as defined in Section
20200 of the Water Code.

SEC. 52.  

Section 9315 of the Elections Code is amended to
read:

9315.  

The persons filing an initiative petition pursuant to this
article may file a written argument in favor of the ordinance. The
district board may submit an argument against the ordinance.
Neither argument shall exceed 300 words in length, and both
arguments shall be printed and mailed to each voter with the begin delete sample
ballot end delete begin insert voter information guide end insert for the election.

The following statement shall be printed on the front cover, or
if none, on the heading of the first page, of the printed arguments:

“Arguments in support of or in opposition to the proposed laws
are the opinions of the authors.”

Printed arguments submitted to voters in accordance with this
section shall be titled either “Argument In Favor Of Measure ____”
or “Argument Against Measure ____,” accordingly, the blank
spaces being filled in only with the letter or number, if any,
designating the measure. At the discretion of the district elections
official, the word “Proposition” may be substituted for the word
“Measure” in the titles. Words used in the title shall not be counted
when determining the length of any argument.

SEC. 53.  

Section 9316 of the Elections Code is amended to
read:

9316.  

Based on the time reasonably necessary to prepare and
print the arguments and begin delete sample ballots, end delete begin insert voter information guides, end insert
and to permit the 10-calendar-day public examination as provided
in Article 4 (commencing with Section 9380) for the particular
election, the district elections official charged with the duty of
conducting the election shall fix and determine a reasonable date
begin delete prior to end delete begin insert before end insert the election for the submission to the district
elections official of an argument in favor of and against the
ordinance, and additional rebuttal arguments as provided in Section
9317. Arguments may be changed or withdrawn by their
proponents until and including the date fixed by the district
elections official.

SEC. 54.  

Section 9402 of the Elections Code is amended to
read:

9402.  

All official materials, including any begin delete ballot pamphlet end delete
begin insert voter information guide end insert prepared, sponsored, or distributed by the
jurisdiction that has proposed the bond issue or that is financed in
whole or part by funds furnished by that jurisdiction, directed at
or including a bond issue proposal, but excluding a notice of
election required by law to be posted or published, shall contain
a statement of the tax rate data specified in Section 9401.

SEC. 55.  

Section 9501 of the Elections Code is amended to
read:

9501.  

(a) The governing board of the begin insert school end insert district or begin delete any end delete begin insert a end insert
member or members of the begin insert governing end insert board, or begin delete any end delete begin insert an end insert individual
voter who is eligible to vote on the measure, or bona fide
association of citizens, or begin delete any end delete begin insert a end insert combination of such voters and
associations may file a written argument for or against any school
measure. begin delete No end delete begin insert An end insert argument shall begin insert not end insert exceed 300 words in length.
The elections official shall cause an argument for and an argument
against the measure, if submitted, to be printed, and shall include
the arguments, preceded by the analysis, in the begin insert county end insert voter
information begin delete pamphlet that accompanies the sample ballot. end delete begin insert guide. end insert

(b) Printed arguments submitted to voters in accordance with
this section shall be titled either “Argument in Favor of Measure
____” or “Argument Against Measure ____,” accordingly, the
blank spaces being filled in only with the letter or number, if any,
designating the measure. At the discretion of the elections official,
the word “Proposition” may be substituted for the word “Measure”
in the titles. Words used in the title shall not be counted when
determining the length of any measure.

SEC. 56.  

Section 10531 of the Elections Code is amended to
read:

10531.  

Notwithstanding any begin delete other provision of end delete law, vote by
mail voting shall be allowed in lieu of voting by proxy in begin delete any end delete begin insert an end insert
landowner district election in which voting by proxy is begin delete allowed,
provided that, end delete begin insert allowed if, end insert at least 110 days before the election, the
governing board of the district adopts this section. If a district
adopts this section, the voting shall be conducted as follows:

(a) The vote by mail ballot shall be available to any eligible
voter of the district.

(b) The form of application for the ballot shall be distributed to
each voter with the begin delete sample ballot end delete begin insert voter information guide end insert and shall
contain spaces for each of the following:

(1) The printed name and address of the voter.

(2) The address to which the ballot is to be mailed.

(3) The voter’s signature.

(4) The authorization of a legal representative, as defined in
Section 34030 of the Water Code, to receive the vote by mail
voter’s ballot if the voter so chooses.

(5) The name and date of the election for which the request is
made.

(6) The date the application shall be received by the county
elections official, which date shall be at least seven days before
the election.

(7) The insertion of the begin delete sample ballot end delete begin insert voter information guide end insert
name and address label on the application.

(c) Upon receipt of vote by mail ballot application and
verification that it has been properly completed, the county
elections official shall mail vote by mail voter’s ballot to the voter
or legal representative with an identification envelope, which shall
contain each of the following:

(1) A declaration under penalty of perjury stating that the voter
is entitled to vote in the election.

(2) Space for the signature of the voter or legal representative
and the date of signing.

(3) A notice that the envelope contains an official ballot and is
to be opened only by the appropriate elections officials.

(d) The voting shall be pursuant to those additional procedures,
if any, that the county elections official shall deem necessary to
the proper conduct of the election, provided that the overall
additional procedures shall substantially comply with Division 3
(commencing with Section 3000) and Chapter 1 (commencing
with Section 15000) of Division 15, and shall be consistent with
landowner voting requirements.

(e) Notwithstanding Section 10525, the list of voters for
landowner voting district elections in which vote by mail voting
is allowed shall be delivered to the county elections official at least
40 days begin delete prior to end delete begin insert before end insert the election.

(f) The begin delete sample ballot end delete begin insert voter information guide end insert for landowner
voting district elections in which vote by mail voting is allowed
shall be mailed at least 20 days before the election.

SEC. 57.  

Section 11324 of the Elections Code is amended to
read:

11324.  

The official responsible for preparing the ballot shall,
at least 10 days begin delete prior to end delete begin insert before end insert the recall election, mail a begin delete sample
ballot end delete begin insert voter information guide end insert to each registered voter of the
electoral jurisdiction of the officer sought to be recalled.

SEC. 58.  

Section 11325 of the Elections Code is amended to
read:

11325.  

(a) With the begin delete sample ballot end delete begin insert voter information guide end insert
there shall be mailed for each officer whose recall is sought, a
printed copy of the following:

(1) The statement of reasons for recall that appeared on the
notice of intent to recall that was filed by the proponents of the
recall with the elections official, or in the case of a state officer,
with the Secretary of State.

(2) The answer to the statement of reasons for recall that was
filed by the officer whose recall is sought with the elections official
or, in the case of a state officer, with the Secretary of State, if begin delete any end delete
begin insert an end insert answer was filed.

(b) The printed copies of the statement and the answer to that
statement shall be mailed with the sample ballot either in a
document separate from the sample ballot or in the same document
in which the sample ballot appears. Both the statement and answer
shall be printed on the same page, or on facing pages of the
document, and shall be of equal prominence.

(c) If the recall of more than one officer is sought, the statement
and answer for each officer shall be printed together and shall be
clearly distinguished from those of any other officer.

SEC. 59.  

Section 11327 of the Elections Code is amended to
read:

11327.  

An officer whose recall is being sought may file a
statement with the elections official in accordance with Section
13307, to be sent to each voter, together with the begin delete sample ballot. end delete
begin insert voter information guide. end insert

SEC. 60.  

Section 13118 of the Elections Code is amended to
read:

13118.  

The following rules apply when a person who is a
candidate for begin delete any end delete begin insert an end insert office believes that another person with a
name that is so similar that it may be confused with his or her name
has filed or will file a nomination paper for the same office:

(a) The candidate may, at the time of filing his or her nomination
paper, or within five days after the time for filing nomination
papers has expired, file with the elections official a statement that
shall be in substance as follows:

“I ____, believe that another person, whose name is so similar
to mine that it may be confused with mine, has filed or will file a
nomination paper for the same office for which I have filed a
nomination paper, and I therefore request and direct that the
elections official assign a number to each candidate with a similar
name to be printed on the ballot as a distinguishing mark.

 

	Name
	Candidate for the office of     ”

 

(b) The distinguishing mark shall be a number, commencing
with the number “1” and continuing in numerical sequence until
each candidate with a similar name has been assigned a
distinguishing number, and shall be printed at the right of the name
on the ballot.

(c) The first candidate who filed his or her nomination papers
shall have the number “1” and each subsequent candidate, based
on the time of filing his or her nomination papers, shall be assigned
the next number in numerical sequence.

(d) In addition to the designated numbers that the elections
official shall place on the ballot when the above conditions are
met, he or she shall place on the ballot, immediately preceding the
names of the candidates to be voted upon, the following warning:

“Warning!   There are two (or applicable number) candidates for
this office with identical names.”

This warning shall also be included, in a prominent manner, on
any begin delete sample ballot, ballot pamphlet, end delete begin insert state voter information guide,
county voter information guide, end insert or other mailing sent by the
elections official, begin delete prior to end delete begin insert before end insert the election, to persons eligible
to vote for this office.

(e) To determine the order on the ballot for the candidates with
similar names, the elections official shall conduct a drawing of the
numbers assigned to the candidates in a similar manner as provided
for in Section 13112.

SEC. 61.  

Section 13244 of the Elections Code is amended to
read:

13244.  

The begin delete sample ballot end delete begin insert county voter information guide end insert
provided pursuant to Chapter 4 (commencing with Section 13300)
shall begin delete be end delete begin insert include end insert a substantial facsimile of the official ballot,
including instructions to voters.

SEC. 62.  

Section 13263 of the Elections Code is amended to
read:

13263.  

The begin delete sample ballot end delete begin insert county voter information guide end insert
provided pursuant to Chapter 4 (commencing with Section 13300)
shall be printed in either of two formats: (a) booklet form, or (b)
on one or more sheets on one or both sides. The begin delete sample ballot end delete
begin insert county voter information guide end insert shall be printed on white or tinted
paper and shall begin delete be end delete begin insert include end insert a substantial facsimile of the ballot,
including instructions to voters.

SEC. 63.  

The heading of Chapter 4 (commencing with Section
13300) of Division 13 of the Elections Code is amended to read:

 

Chapter  4. begin delete Sample Ballots and Voter Pamphlets end delete begin insert State
and County Voter Information Guides end insert

 

SEC. 64.  

Section 13300 of the Elections Code is amended to
read:

13300.  

(a) By at least 29 days before the partisan primary,
each county elections official shall prepare a separate begin delete sample ballot end delete
begin insert county voter information guide end insert for each political party and a
separate begin delete sample end delete nonpartisan begin delete ballot. end delete begin insert county voter information guide. end insert
The county elections official shall place begin delete on end delete begin insert in end insert each begin delete ballot, end delete begin insert guide, end insert
as applicable, in the order provided in Chapter 2 (commencing
with Section 13100), and under the appropriate title of each office,
the names of all candidates for whom nomination papers have been
duly filed with him or her, or have been certified to him or her by
the Secretary of State, to be voted for in his or her county at the
partisan primary election.

(b) The begin delete sample ballots end delete begin insert county voter information guides end insert shall begin delete be
identical to end delete begin insert include a substantial facsimile of end insert the official ballots,
except as otherwise provided by law. The begin delete sample ballots end delete begin insert county
voter information guides end insert shall be printed on paper of a different
texture from the paper to be used for the official ballot.

(c) One begin delete sample ballot end delete begin insert county voter information guide end insert of the
party for which the voter has disclosed a preference, as evidenced
by his or her registration, shall be mailed not more than 40 nor
fewer than 10 days before the election to each voter entitled to
vote at the primary who registered at least 29 days begin delete prior to end delete begin insert before end insert
the election. A nonpartisan begin delete sample ballot end delete begin insert county voter information
guide end insert shall be so mailed to each voter who is not registered as
preferring any of the parties participating in the primary begin delete election,
provided that on end delete begin insert election. On end insert election day the voter may, upon
request, vote the ballot of a political party if authorized by the
party’s rules, duly noticed to the Secretary of State.

SEC. 65.  

Section 13300.5 of the Elections Code is amended
to read:

13300.5.  

In order to facilitate the timely production and
distribution of begin delete sample ballots, end delete begin insert county voter information guides, end insert
the county elections official may prepare a combined begin delete sample ballot. end delete
begin insert county voter information guide. end insert

SEC. 66.  

Section 13300.7 of the Elections Code is amended
to read:

13300.7.  

Notwithstanding any other law, county and city
elections officials may establish procedures designed to permit a
voter to opt out of receiving his or her begin delete sample ballot, voter
pamphlet, end delete begin insert county voter information guide, state voter information
guide, end insert notice of polling place, and associated materials by mail,
and instead obtain them electronically via email or by accessing
them on the county’s or city’s Internet Web site, begin delete provided that end delete begin insert if end insert
all of the following conditions are met:

(a) The procedures establish a method of providing notice of
and an opportunity by which a voter can notify elections officials
of his or her desire to obtain ballot materials electronically in lieu
of receiving them by mail.

(b) The voter email address or any other information provided
by the voter under this section remains confidential pursuant to
Section 6254.4 of the Government Code and Section 2194 of this
code.

(c) The procedures provide notice and opportunity for a voter
who has opted out of receiving a begin delete sample ballot end delete begin insert county voter
information guide end insert and other materials by mail to opt back into
receiving them by mail.

(d) The procedures establish a process by which a voter can
apply electronically to become a vote by mail voter.

(e) A voter may only opt out of, or opt back into, receiving his
or her begin delete sample ballot end delete begin insert county voter information guide end insert and other
ballot materials by mail if the elections official receives the request
and can process it begin delete prior to end delete begin insert before end insert the statutory deadline for the
mailing of those materials for the next election, pursuant to Section
13303. If a voter misses this deadline, the request shall take effect
the following election.

(f) The procedures shall include a verification process to confirm
the voter’s identity, either in writing with a signature card that can
be matched to the one on file with the elections official, or if the
request is submitted electronically, it shall contain the voter’s
California driver’s license number, California identification
number, or a partial social security number.

(g) Information made available over the Internet pursuant to
this section shall meet or exceed the most current, ratified standards
under Section 508 of the federal Rehabilitation Act of 1973 (29
U.S.C. Sec. 794d), as amended, and the Web Content Accessibility
Guidelines 2.0 adopted by the World Wide Web Consortium for
accessibility. Election officials may also implement
recommendations of the Voting Accessibility Advisory Committee
made pursuant to paragraph (4) of subdivision (b) of Section 2053,
and of any local Voting Accessibility Advisory Committee created
pursuant to the guidelines promulgated by the Secretary of State
related to the accessibility of polling places by the physically
handicapped.

SEC. 67.  

Section 13302 of the Elections Code is amended to
read:

13302.  

(a) The county elections official shall forthwith submit
the begin delete sample ballot end delete begin insert county voter information guide end insert of each political
party to the chairperson of the county central committee of that
party, and shall mail a copy to each candidate for whom nomination
papers have been filed in his or her office or whose name has been
certified to him or her by the Secretary of State, to the post office
address given in the nomination paper or certification. The county
elections official shall post a copy of each begin delete sample ballot end delete begin insert county
voter information guide end insert in a conspicuous place in his or her office.

(b) In connection with an election at which a candidate for a
voter-nominated office will appear on the ballot, a qualified
political party may submit to the county elections official a list of
all candidates for voter-nominated office who will appear on a
ballot in the county in question, and who have been endorsed by
the party by whatever lawful mechanism the party adopts for
endorsing candidates for voter-nominated office. If a political party
timely submits a list to the county elections official pursuant to
this subdivision, the county elections official shall print the names
of the candidates for voter-nominated office who were endorsed
by that political party in the voter information portion of the begin delete sample
ballot. end delete begin insert county voter information guide. end insert The party chairperson shall
provide a written copy of the list of candidates endorsed by the
party not later than 83 days begin delete prior to end delete begin insert before end insert the election at which
the candidate for a voter-nominated office will appear on the ballot.

SEC. 68.  

Section 13303 of the Elections Code is amended to
read:

13303.  

(a) For each election, each appropriate elections official
shall cause to be printed, on plain white paper or tinted paper,
without watermark, at least as many copies of the form of ballot
provided for use in each voting precinct as there are voters in the
precinct. These copies shall be designated begin delete “sample ballot” end delete begin insert end insert begin insert “county
voter information guide end insert begin insert ” end insert upon their face and shall begin delete be identical to end delete
begin insert include a substantial facsimile of end insert the official ballots used in the
election, except as otherwise provided by law. A begin delete sample ballot end delete
begin insert county voter information guide end insert shall be mailed, postage prepaid,
not more than 40 nor less than 21 days before the election to each
voter who is registered at least 29 days begin delete prior to end delete begin insert before end insert the election.

(b) The elections official shall send notice of the polling place
to each voter with the begin delete sample ballot. end delete begin insert county voter information
guide. end insert Only official matter shall be sent out with the begin delete sample ballot end delete
begin insert county voter information guide end insert as provided by law.

(c) The elections official shall send notice of the polling place
to each voter who registered after the 29th day begin delete prior to end delete begin insert before end insert the
election and is eligible to participate in the election. The notice
shall also include information as to where the voter can obtain a
begin delete sample ballot and a ballot pamphlet prior to end delete begin insert county voter
information guide and a state voter information guide before end insert the
election, a statement indicating that those documents will be
available at the polling place at the time of the election, and the
address of the Secretary of State’s begin delete website end delete begin insert Internet Web site end insert and,
if applicable, of the county begin delete website end delete begin insert Internet Web site end insert where a
begin delete sample ballot end delete begin insert county voter information guide end insert may be viewed.

SEC. 69.  

Section 13305 of the Elections Code is amended to
read:

13305.  

(a) Notwithstanding Sections 13300 and 13303, a
county elections official may elect not to mail a begin delete sample ballot end delete
begin insert county voter information guide end insert to a voter if all of the following
are satisfied:

(1) The voter is one of the following:

(A) A permanent vote by mail voter pursuant to Chapter 3
(commencing with Section 3200) of Division 3.

(B) A voter in a mail ballot election conducted pursuant to
Division 4 (commencing with Section 4000).

(C) A voter in a precinct in which an election is conducted
pursuant to Section 3005.

(2) The county elections official prepares and mails to each
voter a begin insert state end insert voter information guide. The begin insert state end insert voter information
guide shall include all of the information required to be included
in, and shall be accompanied by all the election materials required
to accompany, the begin delete sample ballot, end delete begin insert county voter information guide, end insert
except for both of the following:

(A) An application for a vote by mail ballot.

(B) A notice that a vote by mail ballot application is enclosed.

(3) The voter is furnished with an official ballot pursuant to
Section 3005 or 3010.

(b) Notwithstanding subdivision (a) of Section 13303, for each
voter to whom the elections official elects not to mail a begin delete sample
ballot end delete begin insert county voter information guide end insert pursuant to subdivision (a),
the elections official may cause to be printed one less copy of the
begin delete sample ballot. end delete begin insert county voter information guide. end insert

(c) If a county elections official elects not to mail a begin delete sample ballot end delete
begin insert county voter information guide end insert to a voter pursuant to this section,
the elections official shall use any savings achieved to offset the
costs associated with establishing a free access system for vote by
mail ballots pursuant to Section 3019.5 before the savings may be
used for any other purpose.

SEC. 70.  

Section 13306 of the Elections Code is amended to
read:

13306.  

Notwithstanding Sections 13300, 13303, and 13307,
begin delete sample ballots end delete begin insert county voter information guides end insert and candidates’
statements need not be mailed to voters who registered after the
54th day before an election, but all of these voters shall receive
polling place notices and state begin delete ballot pamphlets. end delete begin insert voter information
guides. end insert A state begin delete ballot pamphlet end delete begin insert voter information guide end insert is not
required to be mailed to a voter who registered after the 29th day
begin delete prior to end delete begin insert before end insert an election. Each of these voters shall receive a
notice in bold print that states: “Because you are a late registrant,
you are not receiving a begin delete sample ballot end delete begin insert county voter information
guide end insert or candidates’ statements.”

SEC. 71.  

Section 13307 of the Elections Code is amended to
read:

13307.  

(a) (1) Each candidate for nonpartisan elective office
in any local agency, including any city, county, city and county,
or district, may prepare a candidate’s statement on an appropriate
form provided by the elections official. The statement may 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. However, the governing body of the local agency may
authorize an increase in the limitations on words for the statement
from 200 to 400 words. The statement shall not include the party
affiliation of the candidate, nor membership or activity in partisan
political organizations.

(2) The statement authorized by this subdivision shall be filed
in the office of the elections official when the candidate’s
nomination papers are returned for filing, if it is for a primary
election, or for an election for offices for which there is no primary.
The statement shall be filed in the office of the elections official
no later than the 88th day before the election, if it is for an election
for which nomination papers are not required to be filed. If a runoff
election or general election occurs within 88 days of the primary
or first election, the statement shall be filed with the elections
official by the third day following the governing body’s declaration
of the results from the primary or first election.

(3) Except as provided in Section 13309, the statement may 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.

(b) (1) The elections official shall send to each begin delete voter, together
with the sample ballot, a voter’s pamphlet which end delete begin insert voter a county
voter information guide that end insert contains the written statements of
each candidate that is prepared pursuant to this section. The
statement of each candidate shall be printed in type of uniform
size and darkness, and with uniform spacing.

(2) The elections official shall provide a Spanish translation to
those candidates who wish to have one, and shall select a person
to provide that translation who is one of the following:

(A) A certified and registered interpreter on the Judicial Council
Master List.

(B) An interpreter categorized as “certified” or “professionally
qualified” by the Administrative Office of the United States Courts.

(C) From an institution accredited by a regional or national
accrediting agency recognized by the United States Secretary of
Education.

(D) A current voting member in good standing of the American
Translators Association.

(E) A current member in good standing of the American
Association of Language Specialists.

(c) The local agency may estimate the total cost of printing,
handling, translating, and mailing the candidate’s statements filed
pursuant to this section, including costs incurred as a result of
complying with the federal Voting Rights Act of 1965, as amended.
The local agency may require each candidate filing a statement to
pay in advance to the local agency his or her estimated pro rata
share as a condition of having his or her statement included in the
begin delete voter’s pamphlet. In the event end delete begin insert county voter information guide. If end insert
the estimated payment is required, the receipt for the payment shall
include a written notice that the estimate is just an approximation
of the actual cost that varies from one election to another election
and may be significantly more or less than the estimate, depending
on the actual number of candidates filing statements. Accordingly,
the local agency is not bound by the estimate and may, on a pro
rata basis, bill the candidate for additional actual expense or refund
any excess paid depending on the final actual cost. In the event of
underpayment, the local agency may require the candidate to pay
the balance of the cost incurred. In the event of overpayment, the
local agency which, or the elections official who, collected the
estimated cost shall prorate the excess amount among the
candidates and refund the excess amount paid within 30 days of
the election.

(d)  begin delete Nothing in this end delete begin insert This end insert section shall begin insert not end insert be deemed to make
any statement, or the authors begin delete thereof, end delete begin insert of any statement, end insert free or
exempt from any civil or criminal action or penalty because of any
false, slanderous, or libelous statements offered for printing or
contained in the begin delete voter’s pamphlet. end delete begin insert county voter information guide. end insert

(e) Before the nominating period opens, the local agency for
that election shall determine whether a charge shall be levied
against that candidate for the candidate’s statement sent to each
voter. This decision shall not be revoked or modified after the
seventh day begin delete prior to end delete begin insert before end insert the opening of the nominating period.
A written statement of the regulations with respect to charges for
handling, packaging, and mailing shall be provided to each
candidate or his or her representative at the time he or she picks
up the nomination papers.

(f) For purposes of this section and Section 13310, the board of
supervisors begin delete shall be deemed end delete begin insert is end insert the governing body of judicial
elections.

SEC. 72.  

Section 13307.5 of the Elections Code is amended
to read:

13307.5.  

A candidate for United States Representative may
purchase the space to place a statement in the voter information
portion of the begin delete sample ballot end delete begin insert county voter information guide end insert that
does not exceed 250 words. The statement begin delete may end delete begin insert shall end insert not begin delete make
reference end delete begin insert refer end insert to any opponent of the candidate. The statement
shall be submitted in accordance with the timeframes and
procedures set forth in this code for the preparation of the voter
information portion of the begin delete sample ballot. end delete begin insert county voter information
guide. end insert

SEC. 73.  

Section 13312 of the Elections Code is amended to
read:

13312.  

Each begin delete voter’s pamphlet end delete begin insert county voter information guide end insert
prepared pursuant to Section 13307 shall contain a statement in
the heading of the first page in heavy-faced gothic type, not smaller
than 10-point, begin delete that: (a), the pamphlet does not contain a complete
list of candidates and that a complete list of candidates appears on
the sample ballot (if any candidate is not listed in the pamphlet),
and that (b), end delete begin insert that end insert each candidate’s statement in the begin delete pamphlet end delete begin insert county end insert
begin insert voter information guide end insert is volunteered by the candidate, begin delete and (if end delete
begin insert and, if end insert printed at the candidate’s begin delete expense) end delete begin insert expense, end insert is printed at
his or her expense.

SEC. 74.  

Section 13314 of the Elections Code is amended to
read:

13314.  

(a) (1) An elector may seek a writ of mandate alleging
that an error or omission has occurred, or is about to occur, in the
placing of a name on, or in the printing of, a ballot, begin delete sample ballot,
voter pamphlet, end delete begin insert county voter information guide, state voter
information guide, end insert or other official matter, or that any neglect of
duty has occurred, or is about to occur.

(2) A peremptory writ of mandate shall issue only upon proof
of both of the following:

(A) That the error, omission, or neglect is in violation of this
code or the Constitution.

(B) That issuance of the writ will not substantially interfere with
the conduct of the election.

(3) The action or appeal shall have priority over all other civil
matters.

(4) The Secretary of State shall be named as a respondent or a
real party in interest in any proceeding under this section
concerning a measure or a candidate described in Section 15375,
except for a candidate for judge of the superior court.

(b) Venue for a proceeding under this section shall be
exclusively in Sacramento County in any of the following cases:

(1) The Secretary of State is named as a real party in interest or
as a respondent.

(2) A candidate for statewide elective office is named as a party.

(3) A statewide measure that is to be placed on the ballot is the
subject of the proceeding.

SEC. 75.  

Section 13315 of the Elections Code is amended to
read:

13315.  

The officer charged with the duty of providing begin delete sample
ballots end delete begin insert county voter information guides end insert for begin delete any end delete begin insert an end insert election at which
vote by mail voter ballots may be cast shall cause to be printed on
the envelope containing the begin delete sample ballot end delete begin insert county voter information
guide end insert in heavy-faced gothic type, not smaller than 12-point, the
following:

Notice: Vote By Mail Ballot Application Enclosed.

SEC. 76.  

Section 13316 of the Elections Code is amended to
read:

13316.  

Notwithstanding any other begin delete provision of end delete law to the
contrary, a county, city, city and county, or district using voting
machines may use reasonable facsimiles of the begin delete sample ballots end delete
begin insert county voter information guides end insert sent to the voters of the local
jurisdiction as vote by mail ballots.

SEC. 77.  

Section 13317 of the Elections Code is amended to
read:

13317.  

Notwithstanding any other begin delete provision of end delete law to the
contrary, a county, city, city and county, or district using vote
tabulating devices may use reasonable facsimiles of the begin delete sample
ballots end delete begin insert county voter information guides end insert sent to the voters of the
local jurisdiction as vote by mail ballots.

SEC. 78.  

Section 14219 of the Elections Code is amended to
read:

14219.  

The precinct board shall provide, upon request, to begin delete any end delete
begin insert a end insert voter for use in the voting booth or compartment, a copy of the
facsimile ballot containing ballot measures and instructions printed
in Spanish or in other languages, as required by Section 14201,
unless begin delete sample ballots end delete begin insert county voter information guides end insert and ballots
for voting are already being provided in that language under the
federal Voting Rights Act of 1965, as amended by Public Law
94-73.

SEC. 79.  

Section 18301 of the Elections Code is amended to
read:

18301.  

In addition to any other penalty, begin delete any end delete begin insert a end insert person who
prints or otherwise duplicates, or causes to be printed or duplicated,
a simulated ballot or simulated begin delete sample ballot end delete begin insert county voter
information guide end insert that does not contain the statement required by
Section begin delete 20009 end delete begin insert 20009, end insert or that uses an official seal or insignia in
violation begin delete thereof, end delete begin insert of Section 20009, end insert is guilty of a misdemeanor.

SEC. 80.  

Section 18390 of the Elections Code is amended to
read:

18390.  

begin delete No end delete begin insert An end insert agency or department of the state begin delete may end delete begin insert shall not end insert
use its publications to advise state employees of begin delete any end delete begin insert a end insert
constitutional officer’s choice of candidates for public office or
for recommending positions on specific ballot propositions not
related to the functions of that agency or department.

For purposes of this section “publications” means any written
or printed matter including, but not limited to, agency or
department memorandums or directives, but shall not include
legislative newsletters or state begin delete ballot pamphlets. end delete begin insert voter information
guides. end insert

begin delete Any end delete begin insert A end insert state officer who violates this section is guilty of a
misdemeanor.

SEC. 81.  

Section 19321 of the Elections Code is amended to
read:

19321.  

The elections official shall affix ballot labels to the
machines to correspond with the begin delete sample ballot end delete begin insert county voter
information guide end insert for the election. He or she shall employ
competent persons to assist him or her in affixing the labels and
in putting the machines in order. Each machine shall be tested to
ascertain begin delete whether end delete begin insert if end insert it is operating properly.

SEC. 82.  

Section 19323 of the Elections Code is amended to
read:

19323.  

The elections official shall deliver to the polling place
the supplies necessary to conduct the election, including two
begin delete sample ballots, end delete begin insert county voter information guides, end insert one envelope
containing the seal for sealing the machine after the polls are
closed, one envelope for the return of the keys, and as many copies
of the statement of votes cast as are necessary.

SEC. 83.  

Section 20009 of the Elections Code is amended to
read:

20009.  

(a) Every simulated ballot or simulated
begin delete sample ballot end delete
begin insert county voter information guide end insert
shall bear on each surface or page thereof, in type or lettering at
least half as large as the type or lettering of the statement or words
or in 10-point roman type, whichever is larger, in a printed or
drawn box and set apart from any other printed matter, the
following statement:

“NOTICE TO VOTERS
“(Required by Law)

“This is not an official ballot or an official begin delete sample ballot end delete begin insert county
voter information guide end insert prepared by the county elections official
or the Secretary of State.

“This is an unofficial, marked ballot prepared by ____ (insert
name and address of the person or organization responsible for
preparation thereof).”

begin delete Nothing in this end delete begin insert This end insert section shall begin insert not end insert be construed begin delete to require end delete begin insert as
requiring end insert this notice in any editorial or other statement appearing
in a regularly published newspaper or magazine other than a paid
political advertisement.

(b)  begin delete No end delete begin insert A end insert simulated ballot or simulated begin delete sample ballot end delete begin insert county
voter information guide end insert referred to in subdivision (a) shall begin insert not end insert bear
begin delete any end delete begin insert an end insert official seal or the insignia of begin delete any end delete begin insert a end insert public entity, begin delete nor shall end delete
begin insert and end insert that seal or insignia begin insert shall not end insert appear upon the envelope in
which it is mailed or otherwise delivered.

(c) The superior court, in begin delete any end delete begin insert a end insert case brought before it by begin delete any end delete begin insert a end insert
registered voter, may issue a temporary or permanent restraining
order or injunction against the publication, printing, circulation,
posting, or distribution of any matter in violation of this section,
and all cases of this nature shall be in a preferred position for
purposes of trial and appeal, so as to assure the speedy disposition
begin delete thereof. end delete begin insert of cases of this nature. end insert

SEC. 84.  

Sections 5 and 9 of this act shall become operative
only if the Secretary of State certifies that the state has a statewide
voter registration database that complies with the requirements of
the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901
et seq.).