BILL NUMBER: SB 1233 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Padilla
FEBRUARY 23, 2012
An act to amend Section Sections
9001 , 9002, 9004, and 9006 of , and to add Sections
900 6.5 and 9023 to, the Elections Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1233, as amended, Padilla. Initiative and referendum petitions:
translation of circulating title and summary.
Existing law require requires the
proponents of an Attorney General, upon
receipt of the text of a proposed initiative or referendum
petition, prior to circulating the petition for signatures,
to submit the text of the proposed measure to the Attorney General
with a written request that measure, to prepare
a circulating title and summary of the chief purpose and points of
the proposed measure be prepared . Existing
law requires the Attorney General to provide a copy of the
circulating title and summary of a proposed initiative measure to the
proponents of the measure and the Secretary of State within 15 days,
as specified. Existing law requires the Attorney General to provide
a copy of the circulating title and summary of a proposed referendum
measure to the proponents of the measure and the Secretary of State
within 10 days after receipt of the proposed referendum.
This bill would make technical, nonsubstantive changes to
this provision require the proponents of an
initiative or referendum measure, at the time of submitting the text
of the proposed measure to the Attorney General, to submit a list of
specified counties in which the initiative or referendum petition
will be circulated. Upon submission of the list, this bill
would require the Attorney General to prepare a translation of the
circulating title and summary of a proposed initiative or referendum
measure in a language other than English under certain circumstances
. If the Attorney General is required to prepare a
translation, this bill would require the Attorney General to provide
a copy of the circulating title and summary and its translation to
the proponents and the Secretary of State within 25 days, as
specified, for a proposed initiative measure and within 20 days after
receipt of a proposed referendum measure. This bill also would
require a copy of each applicable translation to be attached to the
initiative or referendum petition prior to circulation.
Existing law permits any person who is a voter or who is qualified
to register to vote in the state to circulate an initiative or
referendum petition for signature and imposes certain requirements on
these circulators.
This bill would require the circulator of an initiative or
referendum petition to make available a copy of the translated
circulating title and summary to each person whom the circulator
solicits in that language to sign the petition and to provide a copy
of the translated circulating title and summary to any person upon
request.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9001 of the Elections Code is amended to read:
9001. (a) (1) Prior to the circulation of
an initiative or referendum petition for signatures, the text of the
proposed measure shall be submitted to the Attorney General 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 shall preserve the written request until after the
next general election.
(2) The proponents of an initiative or referendum measure, at the
time of submitting the text of the proposed measure to the Attorney
General, shall submit to the Attorney General a list of the counties
in which the petition will be circulated that are covered 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.
(b) Each proponent of a 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 an initiative measure, at the time of
submitting the text of the proposed measure to the Attorney General,
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 shall be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via United States Postal
Service, alternative mail service, or personal delivery. Only printed
documents will be accepted; facsimile or email delivery will not be
accepted.
(e) The Attorney General shall not deem a request for a
circulating title and summary submitted until all of the requirements
of this section are met.
SEC. 2. Section 9002 of the Elections
Code is amended to read:
9002. (a) The Except as provided in
subdivision (c) of Section 9004, the Attorney General 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 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 shall 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 shall be
submitted to the Attorney General's Initiative Coordinator located in
the Sacramento Attorney General'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. 3. 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 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 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 Except as provided in
subdivision (c), the Attorney General 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 fiscal estimate or opinion prepared by the Department
of Finance and the Joint Legislative Budget Committee pursuant to
Section 9005. The date the copy is delivered or mailed to the
proponents is the "official summary date."
(c) In the event that the Attorney General is required to prepare
a translation of the circulating title and summary pursuant to
Section 9006.5, the Attorney General shall provide a copy of the
circulating title and summary, its translation, and its unique
numeric identifier to the proponents and the Secretary of State
within 25 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. The Attorney General shall
also provide the Secretary of State with a list of the counties
identified by the proponents pursuant to paragraph (2) of subdivision
(a) of Section 9001.
(c)
(d) Upon receipt of the circulating title and summary
from the Attorney General, 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.
In the event that the Secretary of State receives from
the Attorney General a translation of the circulating title and
summary pursuant to subdivision (c), the Secretary of State shall
provide the relevant translation to the county elections official in
each county identified by the proponents pursuant to paragraph (2) of
subdivision (a) of Section 9001. 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. 4. Section 9006 of the Elections
Code is amended to read:
9006. (a) Upon receipt of the text of a proposed referendum, the
Attorney General 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 Except as provided in subdivision
(c), the Attorney General 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) In the event that the Attorney General is required to prepare
a translation of the circulating title and summary pursuant to
Section 9006.5, the Attorney General shall provide a copy of the
circulating title and summary, its translation, and its unique
numeric identifier to the proponents and the Secretary of State
within 20 days after receipt of the proposed referendum.
(c)
(d) Upon receipt of the circulating title and summary
from the Attorney General, 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.
In the event that the Secretary of State receives from
the Attorney General a translation of the circulating title and
summary pursuant to subdivision (c), the Secretary of State shall
provide the relevant translation to the county elections official in
each county identified by the proponents pursuant to paragraph (2) of
subdivision (a) of Section 9001. 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. 5. Section 9006.5 is added to the
Elections Code , to read:
9006.5. In the event that the proponents of an initiative or
referendum measure submit to the Attorney General a list of counties
pursuant to paragraph (2) of subdivision (a) of Section 9001, the
Attorney General shall prepare a translation of the circulating title
and summary of the proposed measure in each applicable minority
language for the counties identified by the proponents that are
covered 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. A copy of each applicable translation shall be attached to the
initiative or referendum petition prior to circulation of the
petition.
SEC. 6. Section 9023 is added to the
Elections Code , to read:
9023. In the event that the circulator of an initiative or
referendum petition circulates the petition in a county covered 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, the
circulator shall make available a copy of the applicable translated
circulating title and summary prepared by the Attorney General to
each person whom the circulator solicits in that language to sign the
petition and shall provide a copy of the translated circulating
title and summary to any person upon request.