BILL NUMBER: SB 1233 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 25, 2012
AMENDED IN SENATE MAY 8, 2012
AMENDED IN SENATE MARCH 27, 2012
INTRODUCED BY Senator Padilla
FEBRUARY 23, 2012
An act to amend Sections 9001, 9002, 9004, and 9006 of,
and to add Sections 9006.5 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 requires the Attorney General, upon receipt of the
text of a proposed initiative or referendum measure, to prepare a
circulating title and summary of the chief purpose and points of the
proposed measure. 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 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. If the proponents submit this list of
counties, this bill would require the Attorney General to provide a
copy of the circulating title and summary and the list of the
counties identified by the proponents to the Secretary of State.
Upon receipt submission of
these items the list , this bill would
require the Secretary of State Attorney
General to prepare a translation of the circulating title and
summary of the proposed initiative or referendum measure in
each applicable minority language of the counties identified by the
proponents a language other than English under certain
circumstances . If the Secretary of State
Attorney General is required to prepare a translation,
this bill would require the Secretary of State
Attorney General to provide a copy of the circulating
title and summary and its translation to the proponents and the
county elections officials, as specified, within 10 days
Secretary of State within 25 days, as specified, for a
proposed initiative measure and within 20 days after receipt of a
proposed referendum measure .
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: 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 e-mail 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. 2. 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) (1) 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.
(2) Except in the
event that the Secretary of State is required to provide a copy of
the circulating title and summary to the proponents pursuant to
Section 9006.5, the Attorney General shall provide a copy of the
circulating title and summary and its unique numeric identifier to
the proponents 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
9005. The date the copy is delivered or mailed to the
proponents is the "official summary date."
(c) Except as provided in Section 9006.5, upon
(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.
(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. 3. 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) (1) 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.
(2) Except in the event that the Secretary of State is required to
provide a copy of the circulating title and summary to the
proponents pursuant to Section 9006.5, the Attorney General shall
provide a copy of the circulating title and summary to the proponents
within 10 days after receipt of the proposed referendum.
(c) Except as provided in Section 9006.5, upon
(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.
(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 pu rsuant
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. SEC. 5. Section 9006.5 is
added to the Elections Code, to read:
9006.5. (a) 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
provide to the Secretary of State, along with prepare
a translation of the circulating title and summary of the
proposed measure, the list of the counties identified by the
proponents.
(b) Upon receipt of
the circulating title and summary of the initiative or referendum
measure and the list of the counties identified by the proponents,
the Secretary of State shall prepare a translation of the circulating
title and summary 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.
(c) Within 10 days after receipt of the circulating title and
summary and the list of the counties identified by the proponents,
the Secretary of State shall do all of the following:
(1) Notify the proponents and the county elections official of
each county of the official summary date. 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.
(2) Provide a copy of the circulating title and summary and its
translation to the proponents.
(3) Provide a copy of the circulating title and summary to each
county elections official.
(4) Provide a copy of the relevant translation of the circulating
title and summary to the county elections official in each county
identified by the proponents pursuant to paragraph (2) of subdivision
(a) of Section 9001.
(d) The date the copy of the circulating title and summary of the
initiative or referendum measure is delivered or mailed to the
proponents is the "official summary date."
SEC. 5. 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 Secretary of
State 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.