California Legislature—2013–14 Regular Session

Assembly Bill No. 2394

Introduced by Assembly Member Gorell

February 21, 2014

An act to amend Sections 334, 336, 342, 359.5, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009, 9034, 9035, 9050, 9051, 9053, 9063, 9086, 9087, 13262, 13282, and 18602 of the Elections Code, and to amend Section 88002 of the Government Code, relating to elections.

LEGISLATIVE COUNSEL’S DIGEST

AB 2394, as introduced, Gorell. Elections: Secretary of State.

Existing law requires the Attorney General to provide a ballot label and a ballot title for each measure to be submitted to the voters at a statewide election. Existing law requires the Attorney General to prepare a summary of the chief purposes and points of each statewide ballot measure as part of the ballot title. Existing law also requires the Attorney General to prepare a circulating title and summary of an initiative or referendum measure prior to the circulation of an initiative or referendum petition for signatures.

This bill would require the Secretary of State, instead of the Attorney General, to prepare the ballot label and the ballot title and summary for all measures submitted to the voters of the state and the circulating title and summary for initiative and referendum measures.

The existing law provides that all judicial, school, county, and city offices, and the office of the Superintendent of Public Instruction, are nonpartisan. Existing law defines a “voter-nominated office” as a congressional or state elective office for which a candidate may choose to have his or her party preference or lack of party preference indicated upon the ballot, and provides a list of voter-nominated offices.

This bill would provide that the office of the Secretary of State is also a nonpartisan office and would remove it from the list of voter-nominated offices.

The bill would make its operation contingent upon the approval by the voters of ACA ____ of the 2013-14 Regular Session.

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 334 of the Elections Code is amended to
read:

334.  

“Nonpartisan office” means an office, except for a
voter-nominated office, for which no party may nominate a
candidate. Judicial, school, county, and municipal offices, begin delete including end delete
begin insert and the offices of the Secretary of State and end insert the Superintendent of
Public Instruction, are nonpartisan offices.

SEC. 2.  

Section 336 of the Elections Code is amended to read:

336.  

The “official summary date” is the date a circulating title
and summary of a proposed initiative measure is delivered or
mailed by the begin delete Attorney General end delete begin insert Secretary of State end insert to the proponents
of the proposed measure.

SEC. 3.  

Section 342 of the Elections Code is amended to read:

342.  

“Proponent or proponents of an initiative or referendum
measure” means, for statewide initiative and referendum measures,
the elector or electors who submit the text of a proposed initiative
or referendum to the begin delete Attorney General end delete begin insert Secretary of State end insert with a
request that he or she prepare a circulating title and summary of
the chief purpose and points of the proposed measure; or for other
initiative and referendum measures, the person or persons who
publish a notice or intention to circulate petitions, or, begin delete where end delete begin insert if end insert
publication is not required, begin insert the person or persons end insert who file petitions
with the elections official or legislative body.

SEC. 4.  

Section 359.5 of the Elections Code is amended to
read:

359.5.  

(a)  “Voter-nominated office” means a congressional
or state elective office for which a candidate may choose to have
his or her party preference or lack of party preference indicated
upon the ballot. A political party or party central committee shall
not nominate a candidate at a state-conducted primary election for
a voter-nominated office. The primary conducted for a
voter-nominated office does not serve to determine the nominees
of a political party but serves to winnow the candidates for the
general election to the candidates receiving the highest or second
highest number of votes cast at the primary election. The following
offices are voter-nominated offices:

(1) Governor.

(2) Lieutenant Governor.

begin delete

(3) Secretary of State.

end delete begin delete

(4)

end delete

begin insert (3) end insert  Controller.

begin delete

(5)

end delete

begin insert (4) end insert  Treasurer.

begin delete

(6)

end delete

begin insert (5) end insert  Attorney General.

begin delete

(7)

end delete

begin insert (6) end insert  Insurance Commissioner.

begin delete

(8)

end delete

begin insert (7) end insert  Member of the State Board of Equalization.

begin delete

(9)

end delete

begin insert (8) end insert  United States Senator.

begin delete

(10)

end delete

begin insert (9) end insert  Member of the United States House of Representatives.

begin delete

(11)

end delete

begin insert (10) end insert  State Senator.

begin delete

(12)

end delete

begin insert (11) end insert  Member of the Assembly.

(b) This section does not prohibit a political party or party
central committee from endorsing, supporting, or opposing a
candidate for an office listed in subdivision (a).

SEC. 5.  

Section 9001 of the Elections Code is amended to read:

9001.  

(a)  begin delete Prior to end delete begin insert Before end insert the circulation of begin delete any end delete begin insert an end insert initiative
or referendum petition for signatures, the text of the proposed
measure shall be submitted to the begin delete Attorney General end delete begin insert Secretary of
State end insert 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 begin delete Attorney General end delete begin insert Secretary of State end insert shall
preserve the written request until after the next general election.

(b) Each begin delete and every end delete proponent of begin delete any end delete begin insert a end insert 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 begin delete any end delete begin insert an end insert initiative measure, at the time of
submitting the text of the proposed measure to the begin delete Attorney General end delete
begin insert Secretary of State end insert , 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 begin delete must end delete begin insert shall end insert
be submitted to the begin delete Attorney General’s end delete begin insert Secretary of State end insert begin insert ’s end insert
Initiative Coordinator located in the begin insert Secretary of State’s end insert
Sacramento begin delete Attorney General’s Office end delete begin insert office end insert via begin delete U.S. end delete begin insert United States end insert
Postal Service, alternative mail service, or personal delivery. Only
printed documents will be accepted begin delete , end delete begin insert ; end insert facsimile or e-mail delivery
will not be accepted.

(e) The begin delete Attorney General’s end delete begin insert Secretary of State’s end insert office shall not
deem a request for a circulating title and summary submitted until
all of the requirements of this section are met.

SEC. 6.  

Section 9002 of the Elections Code is amended to read:

9002.  

(a) The begin delete Attorney General end delete begin insert Secretary of State end insert shall begin delete provide
a copy of end delete begin insert prepare end insert the title and summary begin delete to the Secretary of State end delete
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 begin insert , end insert during
the 15-day period begin insert , end insert the proponents of the proposed initiative
measure submit amendments, other than technical, nonsubstantive
amendments, to the final version of the measure, the begin delete Attorney
General end delete begin insert Secretary of State end insert shall begin delete provide a copy of end delete begin insert prepare end insert the title
and summary begin delete to the Secretary of State end delete within 15 days after receipt
of the amendments.

(b) The amendment begin delete must end delete begin insert shall end insert be submitted with a signed
request by all the proponents to prepare a circulating title and
summary using the amended language.

(c) The amendment begin delete must end delete begin insert shall end insert be submitted to the begin delete Attorney
General’s end delete begin insert Secretary of State end insert begin insert ’s end insert Initiative Coordinator located in the
begin insert Secretary of State’s end insert Sacramento begin delete Attorney General’s Office end delete begin insert office end insert
via begin delete U.S. end delete begin insert United States end insert Postal Service, alternative mail service begin insert , end insert or
personal delivery. Only printed documents will be accepted begin delete , end delete begin insert ; end insert
facsimile or e-mail delivery will not be accepted.

SEC. 7.  

Section 9003 of the Elections Code is amended to read:

9003.  

In the event that the begin delete Attorney General end delete begin insert Secretary of State end insert
is a proponent of a proposed measure, the circulating title and
summary of the chief purpose and points of the proposed measure,
including an estimate or opinion on the financial impact of the
measure, shall be prepared by the Legislative Counsel, and the
other duties of the begin delete Attorney General end delete begin insert end insert begin insert Secretary of State end insert specified
in this chapter with respect to the circulating title and ballot title
and summary and an estimate of the financial effect of the measure
shall be performed by the Legislative Counsel.

SEC. 8.  

Section 9004 of the Elections Code is amended to read:

9004.  

(a) Upon receipt of the text of a proposed initiative
measure, the begin delete Attorney General end delete begin insert Secretary of State end insert 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 begin delete Attorney General end delete begin insert Secretary of
State end insert 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 begin delete hereby made end delete
applicable to the circulating title and summary.

(b) The begin delete Attorney General end delete begin insert Secretary of State end insert shall provide a copy
of the circulating title and summary and its unique numeric
identifier to the proponents begin delete and to the Secretary of State end delete 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)  begin delete Upon receipt of the circulating title and summary from the
Attorney General, the end delete begin insert The end insert Secretary of State shall, within one
business day begin insert after preparing the circulating title and summary end insert ,
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. 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. 9.  

Section 9005 of the Elections Code is amended to read:

9005.  

(a) The begin delete Attorney General end delete begin insert Secretary of State end insert , in preparing
a circulating title and summary for a proposed initiative measure,
shall, in boldface print, include in the circulating title and summary
either the estimate of the amount of any increase or decrease in
revenues or costs to the state or local government, or an opinion
as to whether or not a substantial net change in state or local
finances would result if the proposed initiative is adopted.

(b) The estimate as required by this section shall be made jointly
by the Department of Finance and the Joint Legislative Budget
Committee, who shall deliver the estimate to the begin delete Attorney General end delete
begin insert Secretary of State end insert so that he or she may include the estimate in the
circulating title and summary prepared by him or her.

(c) The estimate shall be delivered to the begin delete Attorney General end delete
begin insert Secretary of State end insert within 25 working days from the date of receipt
of the final version of the proposed initiative measure from the
begin delete Attorney General end delete begin insert Secretary of State end insert , unless, in the opinion of both
the Department of Finance and the Joint Legislative Budget
Committee, a reasonable estimate of the net impact of the proposed
initiative measure cannot be prepared within the 25-day period.
In the latter case, the Department of Finance and the Joint
Legislative Budget Committee shall, within the 25-day period,
give the begin delete Attorney General end delete begin insert Secretary of State end insert their opinion as to
whether or not a substantial net change in state or local finances
would result if the proposed initiative measure is adopted.

(d) A statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and
the Joint Legislative Budget Committee in the preparation of the
fiscal estimate or the opinion.

SEC. 10.  

Section 9006 of the Elections Code is amended to
read:

9006.  

(a) Upon receipt of the text of a proposed referendum
begin insert measure end insert , the begin delete Attorney General end delete begin insert Secretary of State end insert 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. begin delete No end delete begin insert A end insert fiscal analysis shall
begin insert not end insert be included.

(b) The begin delete Attorney General end delete begin insert Secretary of State end insert shall provide a copy
of the circulating title and summary of the proposed referendum
begin insert measure end insert to the proponents begin delete and to the Secretary of State end delete within 10
days after receipt of the proposed referendum begin insert measure end insert .

(c)  begin delete Upon receipt of the circulating title and summary from the
Attorney General, the end delete begin insert The end insert Secretary of State shall, within one
business day begin insert after preparing the circulating title and summary end insert ,
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. 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. 11.  

Section 9007 of the Elections Code is amended to
read:

9007.  

Immediately upon the preparation of the circulating title
and summary of a proposed initiative or referendum measure, the
begin delete Attorney General end delete begin insert Secretary of State end insert shall forthwith transmit copies
of the text of the measure and the circulating title and summary to
the Senate and the Assembly. The appropriate committees of each
house may hold public hearings on the subject of the measure.
However, begin delete nothing in end delete this section shall begin insert not end insert be construed as authority
for the Legislature to alter the measure or prevent it from appearing
on the ballot.

SEC. 12.  

Section 9008 of the Elections Code is amended to
read:

9008.  

Every proposed initiative measure, begin delete prior to end delete begin insert before end insert
circulation, shall have placed across the top of the petition in
12-point or larger roman boldface type begin delete , end delete all of the following:

(a) The begin delete Attorney General’s end delete begin insert Secretary of State end insert begin insert ’s end insert unique numeric
identifier placed before the circulating title and summary upon
each page where the circulating title and summary is to appear.

(b) The circulating title and summary prepared by the begin delete Attorney
General end delete begin insert Secretary of State end insert upon each page of the petition on which
signatures are to appear.

(c) The circulating title and summary prepared by the begin delete Attorney
General end delete begin insert Secretary of State end insert upon each section of the petition
preceding the text of the measure.

(d) The circulating title and summary prepared by the begin delete Attorney
General end delete begin insert Secretary of State end insert as required by subdivision (c) shall be
preceded by the following statement: “Initiative measure to be
submitted directly to the voters.”

SEC. 13.  

Section 9009 of the Elections Code is amended to
read:

9009.  

The heading of an initiative petition shall be in
substantially the following form:

Initiative Measure to Be Submitted Directly to the Voters

The begin delete Attorney General end delete begin insert Secretary of State end insert of California has
prepared the following circulating title and summary of the chief
purpose and points of the proposed measure:

(Here set forth the unique numeric identifier provided by the
begin delete Attorney General end delete begin insert Secretary of State end insert and circulating title and
summary prepared by the begin delete Attorney General end delete begin insert Secretary of State end insert .
Both the begin delete Attorney General’s end delete begin insert Secretary of State end insert begin insert ’s end insert unique numeric
identifier and the circulating title and summary must also be printed
across the top of each page of the petition whereon signatures are
to appear.)

To the Honorable Secretary of State of California

We, the undersigned, registered, qualified voters of California,
residents of ____ County (or City and County), hereby propose
amendments to the Constitution of California (the ____ Code,
relating to ____) and petition the Secretary of State to submit the
same to the voters of California for their adoption or rejection at
the next succeeding general election or at any special statewide
election held prior to that general election or as otherwise provided
by law. The proposed constitutional (or statutory) amendments
(full title and text of the measure) read as follows:

SEC. 14.  

Section 9034 of the Elections Code is amended to
read:

9034.  

Upon the certification of an initiative measure for the
ballot, the Secretary of State shall transmit copies of the initiative
measure, together with the circulating title and summary as
prepared begin delete by the end delete begin delete Attorney General end delete pursuant to Section 9004, to the
Senate and the Assembly. Each house shall assign the initiative
measure to its appropriate committees. The appropriate committees
shall hold joint public hearings on the subject of begin delete such end delete begin insert the end insert measure
begin delete prior to end delete begin insert before end insert the date of the election at which the measure is to
be voted upon. However, begin delete no end delete begin insert a end insert hearing begin delete may end delete begin insert shall not end insert be held within
30 days begin delete prior to end delete begin insert before end insert the date of the election.

begin delete Nothing in this end delete begin insert This end insert section shall begin insert not end insert be construed as authority
for the Legislature to alter the initiative measure or prevent it from
appearing on the ballot.

SEC. 15.  

Section 9035 of the Elections Code is amended to
read:

9035.  

An initiative measure may be proposed by presenting to
the Secretary of State a petition that sets forth the text of the
proposed statute or amendment to the begin insert California end insert Constitution and
is certified to have been signed by registered voters equal in
number to 5 percent in the case of a statute, and 8 percent in the
case of an amendment to the begin insert California end insert Constitution, of the voters
for all candidates for Governor at the last gubernatorial election
preceding the issuance of the circulating title and summary for the
initiative measure by the begin delete Attorney General end delete begin insert Secretary of State end insert .

SEC. 16.  

Section 9050 of the Elections Code is amended to
read:

9050.  

After the Secretary of State determines that a measure
will appear on the ballot at the next statewide election, the
Secretary of State shall begin delete promptly transmit a copy of the measure
to the Attorney General. The end delete begin delete Attorney General end delete begin delete shall provide and
return to the Secretary of State end delete begin insert prepare end insert a ballot title and summary
and ballot label for begin insert the measure. The Secretary of State shall
prepare a ballot title and summary and ballot label for end insert each
measure submitted to the voters of the whole state by a date
sufficient to meet the ballot pamphlet public display deadlines.

SEC. 17.  

Section 9051 of the Elections Code is amended to
read:

9051.  

(a) (1) The ballot title and summary may differ from
the legislative, circulating, or other title and summary of the
measure and shall not exceed 100 words, not including the fiscal
impact.

(2) The ballot title and summary shall be amended to include a
summary of the Legislative Analyst’s estimate of the net state and
local government fiscal impact prepared pursuant to Section 9087 begin delete , end delete
begin insert of this code end insert and Section 88003 of the Government Code.

(b) The ballot label shall begin insert not end insert contain begin delete no end delete more than 75 words
and shall be a condensed version of the ballot title and summary
including the financial impact summary prepared pursuant to
Section 9087 begin insert of this code end insert and Section 88003 of the Government
Code.

(c) In begin delete providing end delete begin insert preparing end insert the ballot title and summary, the
begin delete Attorney General end delete begin insert Secretary of State end insert shall give a true and impartial
statement of the purpose of the measure in such language that the
ballot title and summary shall neither be an argument, nor be likely
to create prejudice, for or against the proposed measure.

SEC. 18.  

Section 9053 of the Elections Code is amended to
read:

9053.  

begin delete Each end delete begin insert A end insert measure shall be designated on the ballot by the
ballot label begin delete certified to the Secretary of State end delete begin insert prepared end insert by the
begin delete Attorney General end delete begin insert Secretary of State end insert .

SEC. 19.  

Section 9063 of the Elections Code is amended to
read:

9063.  

The summary of a measure given in the press release
shall be the official circulating title and summary that has been
prepared by the begin delete Attorney General end delete begin insert Secretary of State end insert . The
Legislative Counsel Bureau shall prepare the summary on all other
measures.

SEC. 20.  

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) (1) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:

(A) Identification of the measure by number and title.

(B) The official summary prepared by the begin delete Attorney General end delete
begin insert Secretary of State end insert .

(C) 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.

(2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 begin insert of this code end insert and Section 88003 of the
Government Code shall not be included when measuring the
amount of space the information described in paragraph (1) has
taken for purposes of determining compliance with the restriction
prohibiting the information described in paragraph (1) from
exceeding one-third of the page.

(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) 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) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.

(e) 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) 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. 21.  

Section 9087 of the Elections Code is amended to
read:

9087.  

(a) The Legislative Analyst shall prepare an impartial
analysis of the measure describing the measure and including a
fiscal analysis of the measure showing the amount of any increase
or decrease in revenue or cost to state or local government. If it is
estimated that a measure would result in increased cost to the state,
an analysis of the measure’s estimated impact on the state shall be
provided, including an estimate of the percentage of the General
Fund that would be expended due to the measure, using visual aids
when appropriate. An estimate of increased cost to the state or
local governments shall be set out in boldface print in the ballot
pamphlet.

(b) The analysis shall be written in clear and concise terms, so
as to be easily understood by the average voter, and shall avoid
the use of technical terms wherever possible. The analysis may
contain background information, including the effect of the
measure on existing law and the effect of enacted legislation which
will become effective if the measure is adopted, and shall generally
set forth in an impartial manner the information the average voter
needs to adequately understand the measure. To the extent
practicable, the Legislative Analyst shall begin delete utilize end delete begin insert use end insert a uniform
method in each analysis to describe the estimated increase or
decrease in revenue or cost of a measure, so that the average voter
may draw comparisons among the fiscal impacts of measures. The
condensed statement of the fiscal impact summary for the measure
prepared by the begin delete Attorney General end delete begin insert Secretary of State end insert to appear on
the ballot shall contain the uniform estimate of increase or decrease
in revenue or cost of the measure prepared pursuant to this
subdivision.

(c) The Legislative Analyst may contract with a professional
writer, educational specialist, or another person for assistance in
writing an analysis that fulfills the requirements of this section,
including the requirement that the analysis be written so that it
will be easily understood by the average voter. The Legislative
Analyst may also request the assistance of a state department,
agency, or official in preparing his or her analysis.

(d)  begin delete Prior to end delete begin insert Before end insert submitting the analysis to the Secretary of
State, the Legislative Analyst shall submit the analysis to a
committee of five persons, appointed by the Legislative Analyst,
for the purpose of reviewing the analysis to confirm its clarity and
easy comprehension to the average voter. The committee shall be
drawn from the public at large, and one member shall be a
specialist in education, one member shall be bilingual, and one
member shall be a professional writer. Members of the committee
shall be reimbursed for reasonable and necessary expenses incurred
in performing their duties. Within five days of the submission of
the analysis to the committee, the committee shall make
recommendations to the Legislative Analyst as it deems appropriate
to guarantee that the analysis can be easily understood by the
average voter. The Legislative Analyst shall consider the
committee’s recommendations, and he or she shall incorporate in
the analysis those changes recommended by the committee that
he or she deems to be appropriate. The Legislative Analyst is solely
responsible for determining the content of the analysis required
by this section.

(e) (1) The title and summary of any measure that appears on
the ballot shall be amended to contain a summary of the Legislative
Analyst’s estimate of the net state and local government fiscal
impact.

(2) For state bond measures that are submitted to the voters for
their approval or rejection, the summary of the Legislative
Analyst’s estimate described in paragraph (1) shall include an
explanatory table of the information in the summary.

SEC. 22.  

Section 13262 of the Elections Code is amended to
read:

13262.  

(a) The ballot shall contain the same material as to
candidates and measures, and shall be printed in the same order
as provided for paper ballots, and may be arranged in parallel
columns on one or more ballot cards as required, except that the
column in which the voter marks his or her choices may be at the
left of the names of candidates and the designation of measures.

(b) If there are a greater number of candidates for an office or
for a party nomination for an office than the number whose names
can be placed on one pair of facing ballot pages, a series of
overlaying pages printed only on the same, single side shall be
used, and the ballot shall be clearly marked to indicate that the list
of candidates for the office is continued on the following page or
pages. If the names of candidates for the office are not required to
be rotated, they shall be rotated by groups of candidates in a
manner so that the name of each candidate shall appear on each
page of the ballot in approximately the same number of precincts
as the names of all other candidates.

(c) Space shall be provided on the ballot or on a separate write-in
ballot to permit voters to write in names not printed on the ballot
when authorized by law. The size of the voting square and the
spacing of the material may be varied to suit the conditions
imposed by the use of ballot cards, provided the size of the type
is not reduced below the minimum size requirements set forth in
Chapter 2 (commencing with Section 13100).

(d) The statement of measure submitted to the voters may be
abbreviated if necessary on the ballot, begin delete provided that end delete begin insert if end insert each and
every statement of begin delete measures end delete begin insert measure end insert on that ballot is abbreviated.
begin delete Abbreviation end delete begin insert Any abbreviation end insert of matters to be voted on
throughout the state shall be composed by the begin delete Attorney General end delete
begin insert Secretary of State end insert .

SEC. 23.  

Section 13282 of the Elections Code is amended to
read:

13282.  

Whenever the begin delete Attorney General end delete begin insert Secretary of State end insert
prepares a ballot label, the begin delete Attorney General end delete begin insert Secretary of State end insert
shall begin delete file a copy of the ballot label with the Secretary of State. The
Secretary of State shall end delete make a copy of the ballot label available
for public examination begin delete prior to end delete begin insert before end insert the printing of the ballot
label on any ballot. The public shall be permitted to examine the
ballot label for at least 20 days, and the Secretary of State may
consolidate the examination requirement under this section with
the public examination requirements set forth in Section 9092. A
voter may seek a writ of mandate requiring a ballot label, or portion
thereof, to be amended or deleted. The provisions set forth in
Section 9092 concerning the issuance of the writ and the nature
of the proceedings shall be applicable to this section.

SEC. 24.  

Section 18602 of the Elections Code is amended to
read:

18602.  

begin delete Any end delete begin insert A end insert person working for the proponent or proponents
of a statewide initiative or referendum measure who covers or
otherwise obscures the summary of the measure prepared by the
begin delete Attorney General end delete begin insert Secretary of State end insert from the view of a prospective
signer is guilty of a misdemeanor.

SEC. 25.  

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) (1) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:

(A) The identification of the measure by number and title.

(B) The official summary prepared by the begin delete Attorney General end delete
begin insert Secretary of State end insert .

(C) 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.

(2) The space in the title and summary that is used for an
explanatory table prepared pursuant to paragraph (2) of subdivision
(e) of Section 9087 of the Elections Code and Section 88003 begin insert of
this code end insert shall not be included when measuring the amount of
space the information described in paragraph (1) has taken for
purposes of determining compliance with the restriction prohibiting
the information described in paragraph (1) from exceeding
one-third of the page.

(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) 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) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.

(e) 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) 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. 26.  

Sections 1 to 25, inclusive, of this act shall become
operative only if Assembly Constitutional Amendment ____ of
the 2013-14 Regular Session is approved by voters at a statewide
general election.