BILL NUMBER: AB 1968 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Niello
FEBRUARY 17, 2010
An act to amend Sections 336, 342, 9001, 9002, 9003, 9004, 9005,
9006, 9007, 9008, 9009, 9034, 9035, 9050, 9051, 9053, 9054, 9063,
9086, 13247, 13262, 13282, and 18602 of the Elections Code, relating
to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 1968, as introduced, Niello. Elections: ballot titles.
Existing law requires the Attorney General, upon receipt of a
draft of a petition for a proposed initiative or referendum, to
prepare a title and summary of the proposed measure. Under existing
law, the Attorney General is required to determine the effect of a
proposed initiative measure on revenues and expenditures of the state
or local government. If the Attorney General determines that a
proposed measure would affect state or local revenues or
expenditures, he or she must include in the title either the estimate
of the amount of change in state or local revenues or costs or an
opinion as to whether a substantial net change in state or local
finances would result if the proposed initiative is adopted. Existing
law requires the Department of Finance and the Joint Legislative
Budget Committee to prepare jointly the fiscal estimate that is
included in the title.
This bill would require the Legislative Analyst, instead of the
Attorney General, to prepare the ballot title and summary for all
measures submitted to the voters of the state and would require the
Legislative Analyst, instead of the Department of Finance and the
Joint Legislative Budget Committee, to prepare any fiscal estimate or
opinion required by a proposed initiative measure.
The bill would make its operation contingent upon the approval by
the voters of ACA 20 of the 2009-10 Regular Session.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 336 of the Elections Code is amended to read:
336. The "official summary date" is the date a circulating title
and summary of a proposed initiative measure is delivered or mailed
by the Attorney General Legislative Analyst
to the proponents of the proposed measure.
SEC. 2. Section 342 of the Elections Code is amended to read:
342. "Proponent or proponents of an initiative or referendum
measure" means, for statewide initiative and referendum measures, the
elector or electors who submit the text of a proposed initiative or
referendum to the Attorney General
Legislative Analyst with a request that he or she prepare a
circulating title and summary of the chief purpose and points of the
proposed measure; or for other initiative and referendum measures,
the person or persons who publish a notice or intention to circulate
petitions, or, where if publication is
not required, who file petitions with the elections official or
legislative body.
SEC. 3. Section 9001 of the Elections Code is amended to read:
9001. (a) Prior to the circulation of any
an initiative or referendum petition for signatures, the text
of the proposed measure shall be submitted to the Attorney
General Legislative Analyst with a written
request that a circulating title and summary of the chief purpose and
points of the proposed measure be prepared. The electors presenting
the request shall be known as the "proponents." The Attorney
General Legislative Analyst shall preserve the
written request until after the next general election.
(b) Each and every proponent of any proposed initiative measure
shall, at the time of submitting the text of the proposed measure,
provide both of the following:
(1) An original signed certification stating that "I, (insert
name), declare under penalty of perjury that I am a citizen of the
United States, 18 years of age or older, and a resident of (insert
county), California."
(2) Public contact information.
(c) The proponents of any initiative measure, at the time of
submitting the text of the proposed measure to the Attorney
General Legislative Analyst , shall pay a fee of
two hundred dollars ($200), which shall be placed in a trust fund in
the office of the Treasurer and refunded to the proponents if the
measure qualifies for the ballot within two years from the date the
summary is furnished to the proponents. If the measure does not
qualify within that period, the fee shall be immediately paid into
the General Fund of the state.
(d) All referenda and proposed initiative measures must be
submitted to the Attorney General's
Legislative Analyst's Initiative Coordinator located in the
Sacramento Attorney General's Legislative
Analyst's Office via U.S. United States
Postal Service, alternative mail service, or personal
delivery. Only printed documents will be accepted ,
; facsimile or e-mail delivery will not be
accepted.
(e) The Attorney General's Legislative
Analyst's office shall not deem a request for a circulating
title and summary submitted until all of the requirements of this
section are met.
SEC. 4. Section 9002 of the Elections Code is amended to read:
9002. (a) The Attorney General
Legislative Analyst shall provide a copy of the title and
summary to the Secretary of State within 15 days after receipt of the
final version of a proposed initiative measure, or, if a fiscal
estimate or opinion is to be included, within 15 days after receipt
of the fiscal estimate or opinion prepared by the Department of
Finance and the Joint Legislative Budget Committee pursuant to
Section 9005. If during the 15-day period the proponents of the
proposed initiative measure submit amendments, other than technical,
nonsubstantive amendments, to the final version of the measure, the
Attorney General Legislative Analyst
shall provide a copy of the title and summary to the Secretary of
State within 15 days after receipt of the amendments.
(b) The amendment must be submitted with a signed request by all
the proponents to prepare a circulating title and summary using the
amended language.
(c) The amendment must be submitted to the Attorney
General's Legislative Analyst's Initiative
Coordinator located in the Sacramento Attorney General's
Legislative Analyst's Office via U.S.
United States Postal Service, alternative mail
service or personal delivery. Only printed documents will be accepted
, ; facsimile or e-mail delivery will
not be accepted.
SEC. 5. Section 9003 of the Elections Code is amended to read:
9003. In the event that the Attorney General
If the Legislative Analyst is a proponent of a proposed
measure, the circulating title and summary of the chief purpose and
points of the proposed measure, including an estimate or opinion on
the financial impact of the measure, shall be prepared by the
Legislative Counsel, and the other duties of the Attorney
General Legislative Analyst specified in this
chapter with respect to the circulating title and ballot title and
summary and an estimate of the financial effect of the measure shall
be performed by the Legislative Counsel.
SEC. 6. Section 9004 of the Elections Code is amended to read:
9004. (a) Upon receipt of the text of a proposed initiative
measure, the Attorney General Legislative
Analyst shall prepare a circulating title and summary of the
chief purposes and points of the proposed measure. The circulating
title and summary shall not exceed a total of 100 words. The
Attorney General Legislative Analyst shall also
provide a unique numeric identifier for each proposed initiative
measure. The circulating title and summary shall be prepared in the
manner provided for the preparation of ballot titles and summaries in
Article 5 (commencing with Section 9050), the provisions of which,
in regard to the preparation, filing, and settlement of ballot titles
and summaries, are hereby made applicable to the circulating title
and summary.
(b) The Attorney General Legislative
Analyst shall provide a copy of the circulating title and
summary and its unique numeric identifier to the proponents and to
the Secretary of State within 15 days after receipt of the final
version of a proposed initiative measure, or if a fiscal estimate or
opinion is to be included, within 15 days after determining that a
fiscal estimate or opinion is required pursuant to Section
9005. The date the copy is delivered or mailed to the proponents is
the "official summary date."
(c) Upon receipt of the circulating title and summary from the
Attorney General Legislative Analyst ,
the Secretary of State shall, within one business day, notify the
proponents and county elections official of each county of the
official summary date and provide a copy of the circulating title and
summary to each county elections official. This notification shall
also include a complete schedule showing the maximum filing deadline,
and the certification deadline by the counties to the Secretary of
State.
SEC. 7. Section 9005 of the Elections Code is amended to read:
9005. (a) The Attorney General
Legislative Analyst , in preparing a circulating title and
summary for a proposed initiative measure, shall, in boldface print,
include in the circulating title and summary either the estimate of
the amount of any increase or decrease in revenues or costs to the
state or local government, or an opinion as to whether or not a
substantial net change in state or local finances would result if the
proposed initiative is adopted.
(b) The estimate as required by this section shall be made jointly
by the Department of Finance and the Joint Legislative Budget
Committee, who shall deliver the estimate to the Attorney General so
that he or she may include the estimate in the circulating title and
summary prepared by him or her.
(c) The estimate shall be delivered to the Attorney
General completed by the Legislative Analyst
within 25 working 15 days from the date
of receipt of the final version of the proposed initiative
measure from the Attorney General determining that the
estimate is required , unless, in the opinion of both
the Department of Finance and the Joint Legislative Budget Committee
the Legislative Analyst , a reasonable estimate
of the net impact of the proposed initiative measure cannot be
prepared within the 25-day 15-day
period. In the latter case, the Department of Finance and
the Joint Legislative Budget Committee Legislative
Analyst shall, within the 25-day 15-day
period, give the Attorney General their
his or her opinion as to whether or not a substantial net
change in state or local finances would result if the proposed
initiative measure is adopted.
(d) A statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and the
Joint Legislative Budget Committee in the preparation of the fiscal
estimate or the opinion.
SEC. 8. Section 9006 of the Elections Code is amended to read:
9006. (a) Upon receipt of the text of a proposed referendum, the
Attorney General Legislative Analyst
shall prepare a circulating title and summary of the chief purpose
and points of the proposed statute at issue. The circulating title
and summary shall not exceed a total of 100 words. No fiscal analysis
shall be included.
(b) The Attorney General Legislative
Analyst shall provide a copy of the circulating title and
summary of the proposed referendum to the proponents and to the
Secretary of State within 10 days after receipt of the proposed
referendum.
(c) Upon receipt of the circulating title and summary from the
Attorney General Legislative Analyst ,
the Secretary of State shall, within one business day, notify the
proponents and county elections official of each county of the
official summary date and provide a copy of the circulating title and
summary to each county elections official. This notification shall
also include a complete schedule showing the maximum filing deadline,
and the certification deadline by the counties to the Secretary of
State.
SEC. 9. Section 9007 of the Elections Code is amended to read:
9007. Immediately upon the preparation of the circulating title
and summary of a proposed initiative or referendum measure, the
Attorney General Legislative Analyst
shall forthwith transmit copies of the text of the measure and the
circulating title and summary to the Senate and the Assembly. The
appropriate committees of each house may hold public hearings on the
subject of the measure. However, nothing in this section shall be
construed as authority for the Legislature to alter the measure or
prevent it from appearing on the ballot.
SEC. 10. Section 9008 of the Elections Code is amended to read:
9008. Every proposed initiative measure, prior to circulation,
shall have placed across the top of the petition in 12-point or
larger roman boldface type , all of the following:
(a) The Attorney General Legislative
Analyst 's unique numeric identifier placed before the
circulating title and summary upon each page where the circulating
title and summary is to appear.
(b) The circulating title and summary prepared by the
Attorney General Legislative Analyst upon each
page of the petition on which signatures are to appear.
(c) The circulating title and summary prepared by the
Attorney General Legislative Analyst upon each
section of the petition preceding the text of the measure.
(d) The circulating title and summary prepared by the
Attorney General Legislative Analyst as required
by subdivision (c) shall be preceded by the following statement:
"Initiative measure to be submitted directly to the voters."
SEC. 11. Section 9009 of the Elections Code is amended to read:
9009. The heading of an initiative petition shall be in
substantially the following form:
Initiative Measure to Be Submitted Directly to the Voters
The Attorney General Legislative Analyst
of California has prepared the following circulating title and
summary of the chief purpose and points of the proposed measure:
(Here set forth the unique numeric identifier provided by the
Attorney General Legislative Analyst
and circulating title and summary prepared by the Attorney
General Legislative Analyst . Both the
Attorney General's Legislative Analyst's unique
numeric identifier and the circulating title and summary must also be
printed across the top of each page of the petition whereon
signatures are to appear.)
To the Honorable Secretary of State of California
We, the undersigned, registered, qualified voters of California,
residents of ____ County (or City and County), hereby propose
amendments to the Constitution of California (the ____ Code, relating
to ____) and petition the Secretary of State to submit the same to
the voters of California for their adoption or rejection at the next
succeeding general election or at any special statewide election held
prior to that general election or as otherwise provided by law. The
proposed constitutional (or statutory) amendments (full title and
text of the measure) read as follows:
SEC. 12. Section 9034 of the Elections Code is amended to read:
9034. Upon the certification of an initiative measure for the
ballot, the Secretary of State shall transmit copies of the
initiative measure, together with the circulating title and summary
as prepared by the Attorney General
Legislative Analyst pursuant to Section 9004, to the Senate and
the Assembly. Each house shall assign the initiative measure to its
appropriate committees. The appropriate committees shall hold joint
public hearings on the subject of such the
measure prior to the date of the election at which the measure
is to be voted upon. However, no hearing may be held within 30 days
prior to the date of the election.
Nothing in this section shall be construed as authority for the
Legislature to alter the initiative measure or prevent it from
appearing on the ballot.
SEC. 13. Section 9035 of the Elections Code is amended to read:
9035. An initiative measure may be proposed by presenting to the
Secretary of State a petition that sets forth the text of the
proposed statute or amendment to the Constitution and is certified to
have been signed by registered voters equal in number to 5 percent
in the case of a statute, and 8 percent in the case of an amendment
to the California Constitution, of the voters for all
candidates for Governor at the last gubernatorial election preceding
the issuance of the circulating title and summary for the initiative
measure by the Attorney General Legislative
Analyst .
SEC. 14. 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 Legislative Analyst .
The Attorney General Legislative Analyst
shall provide and return to the Secretary of State a ballot
title and summary and ballot label for each a
measure submitted to the voters of the whole state by a date
sufficient to meet the ballot pamphlet public display deadlines.
SEC. 15. Section 9051 of the Elections Code is amended to read:
9051. (a) (1) The ballot title and summary may differ from the
legislative, circulating, or other title and summary of the measure
and shall not exceed 100 words, not including the fiscal impact.
(2) The ballot title and summary shall be amended to include a
summary of the Legislative Analyst's estimate of the net state and
local government fiscal impact prepared pursuant to Section 9087
, of this code and Section 88003 of the
Government Code.
(b) The ballot label shall contain no more than 75 words and shall
be a condensed version of the ballot title and summary including the
financial impact summary prepared pursuant to Section 9087 of
this code and Section 88003 of the Government Code.
(c) In providing the ballot title and summary, the
Attorney General Legislative Analyst shall give
a true and impartial statement of the purpose of the measure in such
language that the ballot title and summary shall neither be an
argument, nor be likely to create prejudice, for or against the
proposed measure.
SEC. 16. Section 9053 of the Elections Code is amended to read:
9053. Each A measure shall be
designated on the ballot by the ballot label certified to the
Secretary of State by the Attorney General
Legislative Analyst .
SEC. 17. 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 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42
U.S.C. Sec. 1973b(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
a state measure submitted to the voters in a
statewide election not later than 68 days prior to 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 Translations
prepared pursuant to this section shall be made available for public
examination in the same time and manner as the ballot pamphlet 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
the translation of the ballot label prepared
pursuant to this section on the sample ballot and the official
ballot and may not select or contract with another person to provide
translations of the same text.
SEC. 18. Section 9063 of the Elections Code is amended to read:
9063. The summary of a measure given in the press release shall
be the official circulating title and summary that has been prepared
by the Attorney General Legislative Analyst
. The Legislative Counsel Bureau shall prepare the summary on
all other measures.
SEC. 19. Section 9086 of the Elections Code is amended to read:
9086. The ballot pamphlet shall contain as to each state measure
to be voted upon, the following, in the order set forth in this
section:
(a) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
(1) Identification of the measure by number and title.
(2) The official summary prepared by the Attorney General
Legislative Analyst .
(3) 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.
(b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that 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) 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.
(d) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
(e) The complete text of each measure shall appear at the back of
the pamphlet. The text of the measure shall contain the provisions of
the proposed measure and the existing provisions of law repealed or
revised by the measure. The provisions of the proposed measure
differing from the existing provisions of law affected shall be
distinguished in print, so as to facilitate comparison.
(f) 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. 20. Section 13247 of the Elections Code is amended to read:
13247. (a) The statement of all measures
submitted to the voters shall be abbreviated on the ballot
in a ballot label as provided for in Section 9051. The ballot label
shall ballot. The statement shall contain not more
than 75 words of each measure to be voted on,
followed by the words, "Yes" and "No." Abbreviation of measures
to be voted on throughout the state shall be composed by the
Legislative Analyst and shall be a condensed statement of the ballot
title prepared by him or her.
(b) For purposes of measures to be voted on throughout the state,
the limitation contained in subdivision (a) shall apply to the total
number of words used in the condensed statement of the ballot title
and the financial impact summary prepared pursuant to Section 9087 of
this code and Section 88003 of the Government Code.
SEC. 21. Section 13262 of the Elections Code is amended to read:
13262. (a) The ballot shall contain the same material as to
candidates and measures, and shall be printed in the same order as
provided for paper ballots, and may be arranged in parallel columns
on one or more ballot cards as required, except that the column in
which the voter marks his or her choices may be at the left of the
names of candidates and the designation of measures.
(b) If there are a greater number of candidates for an office or
for a party nomination for an office than the number whose names can
be placed on one pair of facing ballot pages, a series of overlaying
pages printed only on the same, single side shall be used, and the
ballot shall be clearly marked to indicate that the list of
candidates for the office is continued on the following page or
pages. If the names of candidates for the office are not required to
be rotated, they shall be rotated by groups of candidates in a manner
so that the name of each candidate shall appear on each page of the
ballot in approximately the same number of precincts as the names of
all other candidates.
(c) Space shall be provided on the ballot or on a separate
write-in ballot to permit voters to write in names not printed on the
ballot when authorized by law. The size of the voting square and the
spacing of the material may be varied to suit the conditions imposed
by the use of ballot cards, provided the size of the type is not
reduced below the minimum size requirements set forth in Chapter 2
(commencing with Section 13100).
(d) The statement of measure submitted to the voters may be
abbreviated if necessary on the ballot, provided that
if each and every statement of measures on that
ballot is abbreviated. Abbreviation of matters to be voted on
throughout the state shall be composed by the Attorney
General Legislative Analyst .
SEC. 22. Section 13282 of the Elections Code is amended to read:
13282. Whenever the Attorney General
Legislative Analyst prepares a ballot label, the
Attorney General Legislative Analyst shall file
a copy of the ballot label with the Secretary of State. The Secretary
of State shall make a copy of the ballot label available for public
examination prior to the printing of the ballot label on any ballot.
The public shall be permitted to examine the ballot label for at
least 20 days, and the Secretary of State may consolidate the
examination requirement under this section with the public
examination requirements set forth in Section 9092. A voter may seek
a writ of mandate requiring a ballot label, or portion thereof, to be
amended or deleted. The provisions set forth in Section 9092
concerning the issuance of the writ and the nature of the proceedings
shall be applicable to this section.
SEC. 23. Section 18602 of the Elections Code is amended to read:
18602. Any A person working for the
proponent or proponents of a statewide initiative or referendum
measure who covers or otherwise obscures the summary of the measure
prepared by the Attorney General Legislative
Analyst from the view of a prospective signer is guilty of a
misdemeanor.
SEC. 24. Sections 1 to 23, inclusive, of this act shall become
operative only if Assembly Constitutional Amendment 20 of the 2009-10
Regular Session is approved by voters at a statewide general
election.