BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Loni Hancock, Chair
BILL NO: AB 2796 HEARING DATE:6/29/10
AUTHOR: Assembly E&R Comm. ANALYSIS BY: Frances Tibon
Estoista
AMENDED: AS INTRODUCED
FISCAL: NO
SUBJECT
Elections: ballot measures
DESCRIPTION
Existing law 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.
Existing law 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 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.
This bill repeals a requirement that a member or members of
a school board be authorized by the board in order to file
a written argument for or against any school measure.
This bill 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.
This bill 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.
BACKGROUND
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.
COMMENTS
1. According to the Author : 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.
2. Previous Legislation : AB 1574 (Assembly E&R
Committee) Chapter 549 Statutes of 2009, was also a
committee omnibus bill and repealed the 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.
PRIOR ACTION
Assembly Elections and Redistricting Committee: 7-0
Assembly Floor: 76-0
POSITIONS
AB 2796 (ASSEMBLY E&R COMM.) Page
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Sponsor: Author
Support: Secretary of State
Oppose: None received
AB 2796 (ASSEMBLY E&R COMM.) Page
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