Amended in Senate August 18, 2016

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, begin insert 19202, end insert 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 amended, 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.

begin insert

Existing law prohibits a voting system from being used, and prohibits a jurisdiction from purchasing or contracting for a voting system, unless the voting system has received the approval of the Secretary of State. Existing law authorizes a vendor or county that has submitted a voting system for federal qualification before September 1, 2013, and has obtained federal qualification before January 1, 2015, to request approval from the Secretary of State based on the examination and review requirements in place before January 1, 2014.

end insert begin insert

This bill would remove the requirement that a voting system be submitted for federal qualification before September 1, 2013, and would change the date by which the voting system is required to receive federal qualification to April 28, 2016, in order for a vendor or county to request the Secretary of State to approve a voting system using the examination and review requirements in place before January 1, 2014.

end insert begin insert

This bill would incorporate additional changes to Section 3019.5 of the Elections Code, proposed by AB 2089, that would become operative only if this bill and AB 2089 are both chaptered and this bill is chaptered last.

end insert begin insert

This bill would incorporate additional changes to Sections 13307 and 13312 of the Elections Code, proposed by AB 2010, that would become operative only if this bill and AB 2010 are both chaptered and this bill is chaptered last.

end insert

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 state voter information guide. The
ballot title and summary shall include a statement of the measure’s
fiscal impact. The ballot title and 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
state voter information guide 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,
state voter information guides, county voter information guides,
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 Chapter 619 of the Statutes of 2014, 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 state voter information guide and county voter
information guide 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 Chapter 619 of the Statutes of 2014, 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 state voter information guide and county voter
information guide 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 voter information guide 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 begin insert Internet end insert 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 county voter information guide
or county voter information guide 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 county voter information guide is not at the address, please
help keep the voter rolls current and save taxpayer dollars by
returning this county voter information guide 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 county voter information guide 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 county voter information guide 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. A 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 county
voter information guide 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 county voter information guide 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. A 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 county
voter information guide 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 before 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, before
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 before 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 precinct board or begin delete election end delete begin insert elections end insert 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 state voter
information guide, 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 used by elections officials in
preparing a vote by mail voter’s ballot application to be included
with the county voter information guide.

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 county voter
information guide 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).

begin insert

begin insert SEC. 12.5. end insert   

end insert

begin insert Section 3019.5 of the end insert begin insert Elections Code end insert begin insert is amended
to read: end insert

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).

begin insert

(d) In addition to establishing a free access system pursuant to
subdivision (a), if a voter casts a vote by mail ballot, the county
elections official shall, within 30 days after completion of the
official canvass, notify the voter if his or her ballot was not
counted. The notification shall include the reason the ballot was
not counted.

end insert

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 county voter
information guides 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 county voter
information guide 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 state voter information guide, unless the voter
has already been provided a state voter information guide.

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 county voter
information guide and mail ballot before 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 state voter information guide
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 state voter information guide 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 state voter information guide 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 for, or more than one
argument against, a measure is filed within the time prescribed,
the Secretary of State shall select one of the arguments for printing
in the county voter information guides. 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 measure.

(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 an
argument printed in the state voter information guide. In case an
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 state voter information guide.

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 state voter information guide, the
Secretary of State, within five days of receipt of the arguments,
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 another 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 that 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.  State Voter Information Guide

 

SEC. 23.  

Section 9081 of the Elections Code is amended to
read:

9081.  

There shall be a state voter information guide, 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
state voter information guides as needed to comply with this code.

The state voter information guides shall be printed in the Office
of State Printing unless the Director of General Services determines
that the printing of the guides 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 guides.

Copy for preparation of the state voter information guides shall
be furnished to the Office of State Printing at least 40 days before
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 voter information guide. 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 voter
information guide 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 voter information guide over the Internet. The online
version of the state voter information guide shall contain all of the
following:

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

(2) For each state ballot measure listed in the guide, 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 contributions 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 voter information guide 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 voter information guide 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 voter information guide 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 county voter information guide.

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. A party is not 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 voter information guide
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 state voter information guide 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 state
voter information guide easier to understand or more useful for
the average voter.

(f) A notice, conspicuously printed on the cover of the state
voter information guide, indicating that additional copies of the
state voter information guide 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 voter information guide that does not
exceed 250 words. The statement shall 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 voter information
guide.

(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 state voter information guide shall also contain
a section, located near the front of the guide, 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 state voter information guide 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 Analyst if 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 guide. The text of the measure shall contain the provisions
of the proposed measure and the existing laws repealed or revised
by the measure. The provisions of the proposed measure differing
from the existing laws 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 state
voter information guide.

(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 use 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) Before 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 state voter information guide 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 begin delete which end delete begin insert that end insert 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 state voter information guide immediately
following the rebuttal to the argument against the last ballot
measure included in the state voter information guide.

SEC. 34.  

Section 9089 of the Elections Code is amended to
read:

9089.  

Measures shall be printed in the state voter information
guide, 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 state voter information guide shall be printed
according to the following specifications:

(a) The guide 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 guide 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 guide 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 state voter information guide 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 a
copy to be amended or deleted from the state voter information
guide. 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 state voter information
guide 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 state voter information guide 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 state voter
information guides 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 state voter information
guide 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 state voter information guide 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 state voter information guide to two or more registered voters
having the same postal address.

(b) In those instances in which the county elections official does
not use data processing equipment to store the information set
forth in the affidavits of registration, the Secretary of State shall
furnish state voter information guides to the county elections
official not less than 45 days before the election at which measures
contained in the state voter information guide are to be voted on
and the county elections official shall mail state voter information
guides 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 state
voter information guides 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 state voter
information guides to those voters registering in the county after
the 60th day before the election and before the 28th day before the
election pursuant to this section. The second mailing of state voter
information guides shall be completed no later than 10 days before
the election. The county elections official shall mail a state voter
information guide to any person requesting a state voter
information guide. 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 voter information
guide prepared pursuant to Section 9081.

(2) When the state voter information guide is available, receive
either the state voter information guide in an electronic format or
an electronic notification making the guide 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 state voter information guide by mail.

(d) The Secretary of State shall also establish a procedure to
permit a voter to begin receiving the state voter information guide
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 state voter
information guides 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 state voter information guide
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 of each public
library.

(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 postsecondary educational institution. Upon request,
and in the discretion of the Secretary of State, additional copies
may be furnished to these persons and institutions.

begin delete

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.

If the entire text of the measure is not printed on the ballot, nor
in the county voter information guide 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 before an election that includes a
county ballot measure, the board of supervisors may direct the
county auditor to review the measure and determine if the substance
of the county ballot measure, 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.

end delete

begin insert

begin insert SEC. 42. end insert   

end insert

begin insert Section 9160 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

9160.  

(a) If 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 does not have a county counsel.

(b) (1) 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.

(2) Additionally, the county counsel or district attorney may
prepare a summary of the impartial analysis in a format that
answers the questions “What does a yes vote mean?” and “What
does a no vote mean?” for each measure, with the summary for
each question limited to 75 words or less. If the county counsel or
district attorney prepares a summary pursuant to this paragraph,
it may be included in the begin insert county end insert voter information begin delete portion of the
sample ballot. end delete begin insert guide. end insert

(3)  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 insert county end insert 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 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.”

(4) The elections official may, at his or her discretion, add the
following message to the statement in paragraph (3): “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 an individual voter who is eligible to vote on the
measure, or bona fide association of citizens, or a combination of
these voters and associations may file a written argument for or
against any county measure. An argument shall not 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 county voter
information guide. 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 an 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 county voter information guides
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 before 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.

If the entire text of the measure is not printed on the ballot, nor
in the voter information guide, 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 a member or members of the legislative
body authorized by that body, or an individual voter who is eligible
to vote on the measure, or bona fide association of citizens, or a
combination of voters and associations, may file a written argument
for or against any city measure.

(c) An argument shall not 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 voter information guide, but only those
arguments filed pursuant to this section shall be printed and
enclosed with the voter information guide. 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 voter
information guide, 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 another person or persons
to prepare, submit, or sign the rebuttal argument.

(3) A rebuttal argument shall not 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 shall not be
signed by more than five persons, shall be printed in the same
manner as a direct argument, 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 voter information guides 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
a 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 voter information
guide materials must be 14 days from the calling of the election
does not apply 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 an ordinance is required by this article to be
submitted to the voters of a district at an 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 voter
information guide 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.

If the entire text of the measure is not printed on the ballot nor
in the voter information guide, 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.

If the entire text of the measure is not printed on the ballot nor
in the voter information guide, 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 voter
information guide 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 voter information guides, 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 before 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 voter information
guide 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 school district or a
member or members of the governing board, or an individual voter
who is eligible to vote on the measure, or bona fide association of
citizens, or a combination of such voters and associations may file
a written argument for or against any school measure. An argument
shall not 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 county voter information guide.

(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 law, vote by mail voting shall be
allowed in lieu of voting by proxy in an landowner district election
in which voting by proxy is allowed if, 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 voter information guide 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 voter information guide 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 before the election.

(f) The voter information guide 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 before the recall election, mail a voter information
guide 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 voter information guide 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 an
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 voter information
guide.

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 an 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 state voter information guide, county voter information guide,
or other mailing sent by the elections official, before 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 county voter information guide provided pursuant
to Chapter 4 (commencing with Section 13300) shall include 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 county voter information guide 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 county voter information guide
shall be printed on white or tinted paper and shall include 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. State and County Voter Information Guides

 

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 county voter
information guide for each political party and a separate
nonpartisan county voter information guide. The county elections
official shall place in each guide, 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 county voter information guides shall include a
substantial facsimile of the official ballots, except as otherwise
provided by law. The county voter information guides shall be
printed on paper of a different texture from the paper to be used
for the official ballot.

(c) One county voter information guide 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 before the election. A nonpartisan
county voter information guide shall be so mailed to each voter
who is not registered as preferring any of the parties participating
in the primary election. On 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 county voter information guides, the county
elections official may prepare a combined county voter information
guide.

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 county voter information
guide, state voter information guide, 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, if 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 county voter information guide
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 county voter information guide and other ballot materials
by mail if the elections official receives the request and can process
it before 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 county voter information guide 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 county voter information guide
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 county
voter information guide. The party chairperson shall provide a
written copy of the list of candidates endorsed by the party not
later than 83 days before 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 “county voter
information guide” upon their face and shall include a substantial
facsimile of the official ballots used in the election, except as
otherwise provided by law. A county voter information guide 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
before the election.

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

(c) The elections official shall send notice of the polling place
to each voter who registered after the 29th day before the election
and is eligible to participate in the election. The notice shall also
include information as to where the voter can obtain a county voter
information guide and a state voter information guide before 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 Internet Web site and, if
applicable, of the county Internet Web site where a county voter
information guide 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 county voter
information guide 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 state voter information guide. The state 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 county voter information guide, 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 county
voter information guide pursuant to subdivision (a), the elections
official may cause to be printed one less copy of the county voter
information guide.

(c) If a county elections official elects not to mail a county voter
information guide 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,
county voter information guides 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 voter information guides. A state voter information guide
is not required to be mailed to a voter who registered after the 29th
day before 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 county voter information guide 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 voter a county
voter information guide that 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
county voter information guide. If 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) This section shall not be deemed to make any statement, or
the authors of any statement, 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 county
voter information guide.

(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 before 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 is the governing body of judicial elections.

begin insert

begin insert SEC. 71.5. end insert   

end insert

begin insert Section 13307 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

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 begin delete this section. end delete begin insert subdivision
(a). end insert 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.

begin insert

(c) (1) In addition to the statement prepared pursuant to
subdivision (a), if the elections official who is conducting the
election permits electronic distribution of a candidate’s statement,
the governing body of a local agency may permit each candidate
for nonpartisan elective office in the local agency to prepare a
candidate's statement for the purpose of electronic distribution
pursuant to this subdivision.

end insert begin insert

(2) A statement prepared pursuant to this subdivision shall be
posted on the Internet Web site of the elections official, and may
be included in a voter's pamphlet that is electronically distributed
by the elections official pursuant to Section 13300.7, but shall not
be included in a voter's pamphlet that is printed and mailed to
voters pursuant to subdivision (b).

end insert begin insert

(3) A statement that is printed in the voter's pamphlet and mailed
to voters pursuant to subdivision (b) shall be included with the
statement that is prepared and electronically distributed pursuant
to this subdivision.

end insert begin insert

(4) A statement that is prepared and electronically distributed
pursuant to this subdivision shall be displayed in type of uniform
size and darkness, and with uniform spacing.

end insert begin insert

(5) 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 persons listed in
paragraph (2) of subdivision (b).

end insert begin delete

(c)

end delete

begin insert (d) end insert  The local agency may estimate the total cost of printing,
handling, translating, begin delete and mailing the end delete begin insert mailing, and electronically
distributing end insert 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. end delete begin insert county
voter information guide or electronically distributed. end insert In the event
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 begin delete which, end delete begin insert that, end insert 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.

begin delete

(d)

end delete

begin insert (e) end insert   begin delete Nothing in this section shall end delete begin insert This section shall 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
begin insert electronic distribution pursuant to this section end insert or contained in the

begin delete voter’s pamphlet. end delete begin insert county voter information guide. end insert

begin delete

(e)

end delete

begin insert (f) end insert  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 begin insert and, if authorized pursuant to subdivision (c), for the
electronically distributed candidate’s statement end insert . 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,
begin insert mailing, end insert and begin delete mailing end delete begin insert electronic distribution end insert shall be provided to
each candidate or his or her representative begin insert , end insert at the time he or she
picks up the nomination papers.

begin delete

(f)

end delete

begin insert (g) end insert  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 county voter information guide that does not exceed
250 words. The statement shall not refer 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 county voter
information guide.

SEC. 73.  

Section 13312 of the Elections Code is amended to
read:

13312.  

Each county voter information guide 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,
that each candidate’s statement in the county voter information
guide is volunteered by the candidate, and, if printed at the
candidate’s expense, is printed at his or her expense.

begin insert

begin insert SEC. 73.5. end insert   

end insert

begin insert Section 13312 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

13312.  

begin insert (a) end insert begin insert   end insert Each begin delete voter’s pamphlet end delete begin insert county voter information
guide end insert prepared pursuant to begin insert subdivision (b) end insert Section 13307 shall
contain begin delete a statement in the heading of the first page in heavy-faced
gothic type, not smaller than 10-point, 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), each candidate’s statement in
the pamphlet is volunteered by the candidate, and (if printed at the
candidate’s expense) is printed at his or her expense. end delete begin insert a notice in
the heading of the first page, not smaller than 10-point type, that
specifies both of the following: end insert

begin insert

(1) That the county voter information guide 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
county voter information guide).

end insert begin insert

(2) That each candidate’s statement in the county voter
information guide is volunteered by the candidate and (if printed
at the candidate’s expense) is printed at his or her expense.

end insert begin insert

(b) If a local agency has authorized each candidate for
nonpartisan elective office to prepare a candidate’s statement for
the purpose of electronic distribution pursuant to subdivision (c)
of Section 13307, and if a candidate has submitted a statement for
that purpose, the notice required by subdivision (a) shall specify
that additional statements are available on the Internet Web site
of the elections official and shall include the Internet Web site
address at which the statements may be viewed.

end insert

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, county voter
information guide, state voter information guide, 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 county
voter information guides for an election at which vote by mail
voter ballots may be cast shall cause to be printed on the envelope
containing the county voter information guide 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 law to the contrary, a county,
city, city and county, or district using voting machines may use
reasonable facsimiles of the county voter information guides 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 law to the contrary, a county,
city, city and county, or district using vote tabulating devices may
use reasonable facsimiles of the county voter information guides
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 a
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 county voter information guides 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, a person who prints
or otherwise duplicates, or causes to be printed or duplicated, a
simulated ballot or simulated county voter information guide that
does not contain the statement required by Section 20009, or that
uses an official seal or insignia in violation of Section 20009, is
guilty of a misdemeanor.

SEC. 80.  

Section 18390 of the Elections Code is amended to
read:

18390.  

An agency or department of the state shall not use its
publications to advise state employees of a 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 voter information guides.

A state officer who violates this section is guilty of a
misdemeanor.

begin insert

begin insert SEC. 81. end insert   

end insert

begin insert Section 19202 of the end insert begin insert Elections Code end insert begin insert is amended to
read: end insert

19202.  

(a) Except as authorized by Section 19209, a voting
system, in whole or in part, shall not be used unless it has been
certified or conditionally approved by the Secretary of State prior
to any election at which it is to be used.

(b) A voting system that has been tested and approved for use
in all elections by the Secretary of State before January 1, 2014,
shall be deemed certified or conditionally approved by the
Secretary of State and may be used in an election subject to any
conditions placed on the use of the voting system by the Secretary
of State before January 1, 2014, including conditions imposed in
the reapproval documents issued by the Secretary of State in 2007
and 2008 following the Top-to-Bottom Review, and its subsequent
revisions. The voting systems described in this subdivision shall
remain subject to review and decertification by the Secretary of
State at any time pursuant to Section 19232.

(c) A vendor or begin delete county that has submitted a voting system for
federal qualification before September 1, 2013, end delete begin insert county, end insert upon
obtaining federal qualification begin insert on or end insert before begin delete January 1, 2015, end delete begin insert April
28, 2016, end insert may request approval of the voting system from the
Secretary of State based on the examination and review
requirements in place before January 1, 2014.

(d) A jurisdiction shall not purchase or contract for a voting
system unless it has been certified or conditionally approved by
the Secretary of State.

(e) Notwithstanding subdivision (d), a local jurisdiction may
contract and pay for the following:

(1) Research and development of a new voting system that has
not been certified or conditionally approved by the Secretary of
State and uses only nonproprietary software and firmware with
disclosed source code, except for unmodified commercial
off-the-shelf software and firmware, as defined in paragraph (1)
of subdivision (a) of Section 19209.

(2) Manufacture of the minimum number of voting system units
reasonably necessary for either of the following purposes:

(A) To test and seek certification or conditional approval of the
voting system pursuant to Sections 19210 to 19214, inclusive.

(B) To test and demonstrate the capabilities of the voting system
in a pilot program pursuant to paragraph (2) of subdivision (b) of,
and subdivision (c) of, Section 19209.

begin delete SEC. 81. end delete

begin insert SEC. 82. end insert   

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 county voter information guide
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 if it is operating
properly.

begin delete SEC. 82. end delete

begin insert SEC. 83. end insert   

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 county
voter information guides, 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.

begin delete SEC. 83. end delete

begin insert SEC. 84. end insert   

Section 20009 of the Elections Code is amended to
read:

20009.  

(a) Every simulated ballot or simulated county voter
information guide 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 county voter
information guide 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).”

This section shall not be construed as requiring this notice in
any editorial or other statement appearing in a regularly published
newspaper or magazine other than a paid political advertisement.

(b) A simulated ballot or simulated county voter information
guide referred to in subdivision (a) shall not bear an official seal
or the insignia of a public entity, and that seal or insignia shall not
appear upon the envelope in which it is mailed or otherwise
delivered.

(c) The superior court, in a case brought before it by a 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 of cases of
this nature.

begin insert

begin insert SEC. 85. end insert   

end insert begin insert

(a) Section 12.5 of this bill incorporates amendments
to Section 3019.5 of the Elections Code proposed by both this bill
and AB 2089. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 3019.5 of the Elections Code, and (3)
this bill is enacted after AB 2089, in which case Section 12 of this
bill shall not become operative.

end insert begin insert

(b) Section 71.5 of this bill incorporates amendments to Section
13307 of the Elections Code proposed by both this bill and AB
2010. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2017, (2) each bill
amends Section 13307 of the Elections Code, and (3) this bill is
enacted after AB 2010, in which case Section 71 of this bill shall
not become operative.

end insert begin insert

(c) Section 73.5 of this bill incorporates amendments to Section
13312 of the Elections Code proposed by both this bill and AB
2010. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2017, (2) each bill
amends Section 13312 of the Elections Code, and (3) this bill is
enacted after AB 2010, in which case Section 73 of this bill shall
not become operative.

end insert

begin delete SEC. 84. end delete

begin insert SEC. 86. end insert   

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.).