BILL ANALYSIS
AB 2796
Page 1
Date of Hearing: May 4, 2010
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Paul Fong, Chair
AB 2796 (Elections & Redistricting Committee) - As Introduced:
March 25, 2010
SUBJECT : Elections: ballot materials.
SUMMARY : Repeals a requirement that a member of a school board
be authorized by the board in order to submit ballot arguments
for or against a school measure. Specifically, this bill :
1)Repeals a requirement that a member or members of a school
board must be authorized by the board in order to file a
written argument for or against any school measure.
2)Makes a corresponding change to a provision of law that
governs the priority order that elections officials follow if
multiple ballot arguments are submitted in support of or in
opposition to a school measure.
3)Makes a technical change to a provision of law that governs
the priority order that elections officials follow if multiple
ballot arguments are submitted in support of or in opposition
to a county measure.
EXISTING LAW :
1)Requires a member or members of a school board to be
authorized by the board in order to file a written argument
for or against any school measure.
2)Provides that if more than one argument is submitted for or
against a school or county measure, the elections official
shall select one argument in favor and one argument against
the measure giving preference and priority to arguments
submitted in the following order:
a) Arguments submitted by the board or by a member or
members of the board authorized by the board;
b) Arguments submitted by the individual voter, or bona
fide association of citizens, or combination of voters and
associations, who are the bona fide sponsors or proponents
AB 2796
Page 2
of the measure;
c) Arguments submitted by bona fide associations of
citizens; and,
d) Arguments submitted by individual voters who are
eligible to vote on the measure.
FISCAL EFFECT : Keyed non-fiscal by the Legislative Counsel.
COMMENTS :
1)Purpose of the Bill : This is one of the Assembly Elections
and Redistricting Committee's omnibus bills, containing
various minor and technical changes to provisions of state law
governing elections.
2)Ballot Arguments : Last year, the Assembly Elections &
Redistricting Committee authored AB 1574, Chapter 549,
Statutes of 2009, a local elections omnibus bill. Among other
provisions, AB 1574 repealed a requirement that a member of a
board of supervisors must be authorized by the board to submit
arguments on a county ballot measure in order to submit such
arguments. That provision was repealed due to concerns that
it arguably was unconstitutional, as it limited the ability of
a member of the board to submit an argument in support of or
in opposition to a measure, thereby limiting that member's
right to free speech.
This bill makes similar changes to provisions of existing law
governing arguments for or against school measures that are
submitted by a member or members of the school board.
Additionally, this bill makes corresponding changes to two
provisions of state law that govern the priority order that
elections officials follow if multiple ballot arguments are
submitted in support of or in opposition to a ballot measure.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
AB 2796
Page 3
None on file.
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094