SB 1202 Senate Bill - INTRODUCED

BILL NUMBER: SB 1202	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator DeSaulnier
   (Coauthor: Senator Hancock)

                        FEBRUARY 18, 2010

   An act to amend Sections 9084 and 9086 of the Elections Code, and
to amend Sections 88001 and 88002 of the Government Code, relating to
elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1202, as introduced, DeSaulnier. Elections: statewide ballot
pamphlet.
   Existing law specifies information that must be included in the
statewide ballot pamphlet for each state measure to be voted upon.
   This bill would require committees that are primarily formed to
support each state measure to provide to the Secretary of State the
names of the 5 highest contributors to the measure's qualification
efforts and the total contributions made by each of these
contributors.
   This bill would require the Secretary of State to include this
information in the ballot pamphlet information concerning the
measure.
   The Political Reform Act of 1974, an initiative measure, generally
provides that the Legislature may amend the act to further the act's
purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements.
   The act also provides that, notwithstanding this requirement, the
Legislature may amend specified provisions to add to the ballot
pamphlet information regarding candidates or other information.
   This bill, which would permit or require additional information to
be included in the ballot pamphlet, would therefore require a
majority vote.
   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 9084 of the Elections Code is amended to read:
   9084.   (a)    The ballot pamphlet shall contain
all of the following: 
   (a) 
    (1)  A complete copy of each state measure. 
   (b) 
    (2)  A copy of the specific constitutional or statutory
provision, if any, that each state measure would repeal or revise.

   (c) 
    (3)  A copy of the arguments and rebuttals for and
against each state measure. 
   (d) 
    (4)  A copy of the analysis of each state measure.

   (e) 
    (5)  Tables of contents, indexes, art work, graphics,
and other materials that the Secretary of State determines will make
the ballot pamphlet easier to understand or more useful for the
average voter. 
   (f) 
    (6)  A notice, conspicuously printed on the cover of the
ballot pamphlet, indicating that additional copies of the ballot
pamphlet will be mailed by the county elections official upon
request. 
   (g) 
    (7)  A written explanation of the judicial retention
procedure as required by Section 9083. 
   (h) 
    (8)  The Voter Bill of Rights pursuant to Section 2300.

   (9) A list of the five highest contributors to each primarily
formed committee supporting each state measure and the total amount
of each of their contributions to the qualification effort for that
measure. Following the list shall be a statement that the list
reflects only the highest contributors to the qualification effort.
For purposes of this paragraph, the following apply:  
   (A) The treasurer of each primarily formed committee supporting
the state measure shall submit a list of the committee's five highest
contributors to the Secretary of State at a time specified by the
Secretary of State.  
   (B) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.  
   (C) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.  
   (D) The definitions set forth in Chapter 2 (commencing with
Section 82000) of Title 9 of the Government Code shall apply to this
paragraph.  
   (i) 
    (b)  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 ballot pamphlet that does not
exceed 250 words. The statement may 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 ballot pamphlet. 
   (j) 
    (c)  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) 
    (d)  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.
  SEC. 2.  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.
   (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) Immediately below the analysis by the Legislative Analyst
shall appear the list of the five highest contributors to the
qualification effort, as required by paragraph (9) of subdivision (a)
of Section 9084.  
   (c) 
    (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. 
   (d) 
    (e)  If no argument against the measure has been
submitted, the argument for the measure shall appear on the right
page facing the analysis. 
   (e) 
    (f)  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) 
    (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. 3.  Section 88001 of the Government Code, as amended by
Section 3 of Chapter 137 of the Statutes of 2008, is amended to read:

   88001.   (a)    The ballot pamphlet shall
contain all of the following: 
   (a) 
    (1)  A complete copy of each state measure. 
   (b) 
    (2)  A copy of the specific constitutional or statutory
provision, if any, that would be repealed or revised by each state
measure. 
   (c) 
    (3)  A copy of the arguments and rebuttals for and
against each state measure. 
   (d) 
    (4)  A copy of the analysis of each state measure.

   (e) 
    (5)  Tables of contents, indexes, art work, graphics and
other materials that the Secretary of State determines will make the
ballot pamphlet easier to understand or more useful for the average
voter. 
   (f) 
    (6)  A notice, conspicuously printed on the cover of the
ballot pamphlet, indicating that additional copies of the ballot
pamphlet will be mailed by the county elections official upon
request. 
   (g) 
    (7)  A written explanation of the judicial retention
procedure as required by Section 9083 of the Elections Code. 

   (h) 
    (8)  The Voter Bill of Rights pursuant to Section 2300
of the Elections Code. 
   (9) A list of the five highest contributors to each primarily
formed committee supporting each state measure and the total amount
of each of their contributions to the qualification effort for that
measure. Following the list shall be a statement that the list only
reflects the highest contributors to the qualification effort. For
purposes of this paragraph, the following apply:  
   (A) The treasurer of each primarily formed committee supporting
the state measure shall submit a list of the committee's five highest
contributors to the Secretary of State at a time specified by the
Secretary of State.  
   (B) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.  
   (C) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.  
   (i) 
    (b)  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 ballot pamphlet that does not
exceed 250 words. The statement may 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 ballot pamphlet. 
   (j) 
    (c)  If the ballot contains a question as to 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) 
    (d)  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.
  SEC. 4.  Section 88001 of the Government Code, as amended by
Section 63 of Chapter 1 of the Statutes of 2009, is amended to read:
   88001.   (a)    The ballot pamphlet shall
contain all of the following: 
   (a) 
    (1)  A complete copy of each state measure. 
   (b) 
    (2)  A copy of the specific constitutional or statutory
provision, if any, that would be repealed or revised by each state
measure. 
   (c) 
    (3)  A copy of the arguments and rebuttals for and
against each state measure. 
   (d) 
    (4)  A copy of the analysis of each state measure.

   (e) 
    (5)  Tables of contents, indexes, art work, graphics and
other materials that the Secretary of State determines will make the
ballot pamphlet easier to understand or more useful for the average
voter. 
   (f) 
    (6)  A notice, conspicuously printed on the cover of the
ballot pamphlet, indicating that additional copies of the ballot
pamphlet will be mailed by the county elections official upon
request. 
   (g) 
    (7)  A written explanation of the judicial retention
procedure as required by Section 9083 of the Elections Code. 

   (h) 
    (8)  The Voter Bill of Rights pursuant to Section 2300
of the Elections Code. 
   (9) A list of the five highest contributors to each primarily
formed committee supporting each state measure and the total amount
of each of their contributions to the qualification effort for that
measure. Following the list shall be a statement that the list only
reflects the highest contributors to the qualification effort. For
purposes of this paragraph the following apply:  
   (A) The treasurer of each primarily formed committee supporting
the state measure shall submit a list of the committee's five highest
contributors to the Secretary of State at a time specified by the
Secretary of State.  
   (B) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.  
   (C) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.  
   (i) 
    (b)  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 ballot pamphlet that does not
exceed 250 words. The statement may 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 ballot pamphlet. 
   (j) 
    (c)  If the ballot contains a question as to 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) 
    (d)  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) 
    (e)  A written explanation of the appropriate election
procedures for party-nominated, voter-nominated, and nonpartisan
offices as required by Section 9083.5 of the Elections Code.
  SEC. 5.  Section 88002 of the Government Code is amended to read:
   88002.  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) The identification of the measure by number and title.
   (2) The official summary prepared by the Attorney General.
   (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,
then 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 by the Legislative Analyst
shall appear the list of the five highest contributors to the
qualification effort, as required by paragraph (9) of subdivision (a)
of Section 88001.  
   (c)
    (d)  Arguments for and against the measure shall be
placed on the next left and right pages, respectively, following the
page on which the analysis of the Legislative Analyst ends. The
rebuttals shall be placed immediately below the arguments. 
   (d) 
    (e)  If no argument against the measure has been
submitted, the argument for the measure shall appear on the right
page facing the analysis. 
   (e) 
    (f)  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) 
    (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. 6.  The amendments to Section 88001 of the Government Code
contained in Section 4 of this act shall become operative only if
Senate Constitutional Amendment 4 of the 2009-10 Regular Session is
approved by the voters, in which case Section 3 shall not become
operative.
  SEC. 7.  The Legislature finds and declares that this act amends
the Political Reform Act of 1974 by permitting or requiring the
inclusion of additional information on the ballot pamphlet in
accordance with Section 88007 of the Government Code.