BILL NUMBER: AB 1968 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 3, 2010
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 amended, 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. Existing law imposes specified
deadlines on the preparation of a title and summary, and a fiscal
estimate.
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 also change the deadlines applicable to the preparation of a
title and summary and a fiscal estimate or opinion.
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 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 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, 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 an initiative or referendum
petition for signatures, the text of the proposed measure shall be
submitted to the 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 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 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 Legislative Analyst's Initiative Coordinator located
in the Sacramento Legislative Analyst's Office via 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 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 Legislative Analyst shall provide a copy of the
title and summary to the Secretary of State within 15
30 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 . If during the 30-day
period the proponents of the proposed initiative measure submit
amendments, other than technical, nonsubstantive amendments, to the
final version of the measure, the Legislative Analyst shall provide a
copy of the title and summary to the Secretary of State within
15 30 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 Legislative Analyst's
Initiative Coordinator located in the Sacramento Legislative Analyst'
s Office via 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. 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 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 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 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 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
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. 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 30
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 final
version of a proposed initiative measure . 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 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.
(c)
(b) The estimate shall be completed by the Legislative
Analyst within 15 days from the date of determining that the
estimate is required the period specified in Section
9002 , unless, in the opinion of the Legislative Analyst, a
reasonable estimate of the net impact of the proposed initiative
measure cannot be prepared within the 15-day
that period. In the latter case, the Legislative Analyst shall,
within the 15-day period specified in
Section 9002 , give 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.
SEC. 8. Section 9006 of the Elections Code is amended to read:
9006. (a) Upon receipt of the text of a proposed referendum, the
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 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
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
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 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 Legislative
Analyst upon each page of the petition on which signatures are to
appear.
(c) The circulating title and summary prepared by the Legislative
Analyst upon each section of the petition preceding the text of the
measure.
(d) The circulating title and summary prepared by the 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 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
Legislative Analyst and circulating title and summary prepared by the
Legislative Analyst. Both the 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 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 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
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
Legislative Analyst. The Legislative Analyst shall provide and return
to the Secretary of State a ballot title and summary and ballot
label for 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 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. A measure shall be designated on the ballot by the ballot
label certified to the Secretary of State by the 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 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) 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 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 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 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. 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. SEC. 20. 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, 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
Legislative Analyst.
SEC. 22. SEC. 21. Section 13282 of
the Elections Code is amended to read:
13282. Whenever the Legislative Analyst prepares a ballot label,
the 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. SEC. 22. Section 18602 of
the Elections Code is amended to read:
18602. 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 Legislative
Analyst from the view of a prospective signer is guilty of a
misdemeanor.
SEC. 24. SEC. 23. Sections 1 to
23 22 , 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.