Bill Text: CA AB2338 | 2013-2014 | Regular Session | Introduced

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Bill Title: Initiatives: writ of mandate.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2014-05-27 - From committee without further action pursuant to Joint Rule 62(a). [AB2338 Detail]

Download: California-2013-AB2338-Introduced.html

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BILL NUMBER: AB 2338	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 21, 2014

   An act to amend Section 1060 of the Code of Civil Procedure, and
to amend Sections 9190, 9295, 9380, and 9509 of the Elections Code,
relating to elections.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2338, as introduced, Wagner. Initiatives: writ of mandate.
   (1) In cases of actual controversy relating to the legal rights
and duties of respective parties, existing law authorizes a party to
bring an action in superior court for a declaration of the party's
rights and duties and to request a determination of any question of
construction or validity arising under an instrument or contract.
   This bill would, if a local initiative measure has been certified
by an elections official as having qualified for the ballot, prohibit
a public agency from bringing suit seeking a declaration of rights
related to the construction or validity of the initiative measure
until after the election for which the initiative measure qualified
has been held.
   (2) Under existing law, the elections official administering a
county, municipal, district, or school district election is required
to make a copy of certain election materials available for public
examination in his or her office for a period of 10 calendar days
immediately following the filing deadline for submission of those
documents. Existing law permits any voter of the jurisdiction in
which the election is being held, or the elections official, himself
or herself, to seek a writ of mandate or an injunction requiring the
amendment or deletion of any or all of the materials, as specified,
during that 10-calendar-day public examination period. Existing law
also requires that a peremptory writ of mandate or injunction be
issued only upon clear and convincing proof, as specified.
   This bill would require that, if the governing body of the
jurisdiction in which the initiative measure will be voted upon seeks
to challenge the qualification or validity of the initiative
measure, it shall do so by seeking the above-described writ of
mandate or injunction during the 10-calendar-day public examination
period in order to prohibit the initiative measure from being placed
on the ballot. The bill also would require that a peremptory writ of
mandate or an injunction be issued only upon clear and convincing
proof that the initiative measure does not qualify or is not valid
for placement on the ballot, and that issuance of the writ of mandate
or injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1060 of the Code of Civil Procedure is amended
to read:
   1060.   (a)    Any person interested under a
written instrument, excluding a will or a trust, or under a contract,
or who desires a declaration of his or her rights or duties with
respect to another, or in respect to, in, over or upon property, or
with respect to the location of the natural channel of a watercourse,
may, in cases of actual controversy relating to the legal rights and
duties of the respective parties, bring an original action or
cross-complaint in the superior court for a declaration of his or her
rights and duties in the premises, including a determination of any
question of construction or validity arising under the instrument or
contract. He or she may ask for a declaration of rights or duties,
either alone or with other relief; and the court may make a binding
declaration of these rights or duties, whether or not further relief
is or could be claimed at the time. The declaration may be either
affirmative or negative in form and effect, and the declaration shall
have the force of a final judgment.  The declaration may be
had before there has been any breach of the obligation in respect to
which said declaration is sought.   A party may obtain a
declaration before any breach of the obligation giving rise to the
declaration has occurred.  
   (b) Notwithstanding subdivision (a), if an initiative measure has
been certified by an elections official as having qualified for the
ballot pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311 of
the Elections Code, a public agency shall not bring an original
action or a cross-complaint seeking a declaration under this section
until after the election for which the initiative measure qualified
has been held. 
  SEC. 2.  Section 9190 of the Elections Code is amended to read:
   9190.  (a) The county elections official shall make a copy of the
materials referred to in Sections 9119, 9120, 9160, 9162, and 9167
available for public examination in the county elections official's
office for a period of 10 calendar days immediately following the
deadline for submission of those materials. Any person may obtain a
copy of the materials from the county elections official for use
outside of the county elections official's office. The county
elections official may charge a fee to any person obtaining a copy of
the material. The fee may not exceed the actual cost incurred by the
county elections official in providing the copy.
   (b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held, or the county elections official, himself or
herself, may seek a writ of mandate or an injunction requiring any or
all of the materials to be amended or deleted. The writ of mandate
or injunction request shall be filed no later than the end of the
10-calendar-day public examination period.
   (2) A peremptory writ of mandate or an injunction shall be issued
 pursuant to this subdivision  only upon clear and
convincing proof that the material in question is false, misleading,
or inconsistent with this chapter, and that issuance of the writ or
injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law.
   (3) The county elections official shall be named as respondent and
the person or official who authored the material in question shall
be named as real parties in interest. In the case of the county
elections official bringing the mandamus or injunctive action, the
board of supervisors of the county shall be named as the respondent
and the person or official who authored the material in question
shall be named as the real party in interest. 
   (c) (1) If the board of supervisors of the county challenges the
qualification or validity of an initiative measure, it shall seek a
writ of mandate or an injunction under this section to prohibit the
initiative measure from being placed on the ballot. The writ of
mandate or injunction request shall be filed no later than the end of
the 10-calendar-day public examination period.  
   (2) A peremptory writ of mandate or an injunction shall be issued
pursuant to this subdivision only upon clear and convincing proof
that the initiative measure does not qualify or is not valid for
placement on the ballot, and that issuance of the writ of mandate or
injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law. 

  SEC. 3.  Section 9295 of the Elections Code is amended to read:
   9295.  (a) The elections official shall make a copy of the
material referred to in Sections 9223, 9280, 9281, 9282, and 9285
available for public examination in the elections official's office
for a period of 10 calendar days immediately following the filing
deadline for submission of those materials. Any person may obtain a
copy of the materials from the elections official for use outside of
the elections official's office. The elections official may charge a
fee to any person obtaining a copy of the material. The fee may not
exceed the actual cost incurred by the elections official in
providing the copy.
   (b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held, or the elections official, himself or
herself, may seek a writ of mandate or an injunction requiring any or
all of the materials to be amended or deleted. The writ of mandate
or injunction request shall be filed no later than the end of the
10-calendar-day public examination period.
   (2) A peremptory writ of mandate or an injunction shall be issued
 pursuant to this subdivision  only upon clear and
convincing proof that the material in question is false, misleading,
or inconsistent with the requirements of this chapter, and that
issuance of the writ or injunction will not substantially interfere
with the printing or distribution of official election materials as
provided by law.
   (3) The elections official shall be named as respondent, and the
person or official who authored the material in question shall be
named as real parties in interest. In the case of the elections
official bringing the mandamus or injunctive action, the board of
supervisors of the county shall be named as the respondent and the
person or official who authored the material in question shall be
named as the real party in interest. 
   (c) (1) If the legislative body of the city challenges the
qualification or validity of an initiative measure, it shall seek a
writ of mandate or an injunction under this section to prohibit the
initiative measure from being placed on the ballot. The writ of
mandate or injunction request shall be filed no later than the end of
the 10-calendar-day public examination period.  
   (2) A peremptory writ of mandate or an injunction shall be issued
pursuant to this subdivision only upon clear and convincing proof
that the initiative measure does not qualify or is not valid for
placement on the ballot, and that issuance of the writ of mandate or
injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law. 

  SEC. 4.  Section 9380 of the Elections Code is amended to read:
   9380.  (a) The elections official shall make a copy of the
materials referred to in Sections 9312, 9315, and 9317 available for
public examination in his or her office for a period of 10 calendar
days immediately following the filing deadline for submission of
those documents. Any person may obtain a copy of the materials from
the elections official for use outside of the elections official's
office. The elections official may charge a fee to any person
obtaining a copy of the material. The fee may not exceed the actual
cost incurred by the elections official in providing the copy.
   (b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held, or the elections official, himself or
herself, may seek a writ of mandate or an injunction requiring any
material to be amended or deleted. The writ of mandate or injunction
request shall be filed no later than the end of the 10-calendar-day
public examination period.
   (2) A peremptory writ of mandate or an injunction shall be issued
 pursuant to this subdivision  only upon clear and
convincing proof that the material in question is false, misleading,
or inconsistent with this chapter, and that issuance of the writ or
injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law.
   (3) The elections official shall be named as respondent and the
person or official who authored the material in question shall be
named as real parties in interest. In the case of the elections
official bringing the mandamus or injunctive action, the board of
supervisors of the county shall be named as the respondent and the
person or official who authored the material in question shall be
named as the real party in interest. 
   (c) (1) If the governing board of the district challenges the
qualification or validity of an initiative measure, it shall seek a
writ of mandate or an injunction under this section to prohibit the
initiative measure from being placed on the ballot. The writ of
mandate or injunction request shall be filed no later than the end of
the 10-calendar-day public examination period.  
   (2) A peremptory writ of mandate or an injunction shall be issued
pursuant to this subdivision only upon clear and convincing proof
that the initiative measure does not qualify or is not valid for
placement on the ballot, and that issuance of the writ of mandate or
injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law. 

  SEC. 5.  Section 9509 of the Elections Code is amended to read:
   9509.  (a) The elections official shall make a copy of the
materials referred to in Sections 9500, 9501, and 9504 available for
public examination in his or her office for a period of 10 calendar
days immediately following the filing deadline for submission of
those documents. Any person may obtain a copy of the materials from
the elections official for use outside of the elections official's
office. The elections official may charge a fee to any person
obtaining a copy of the material. The fee may not exceed the actual
cost incurred by the elections official in providing the copy.
   (b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held, or the elections official, himself or
herself, may seek a writ of mandate or an injunction requiring any or
all of the materials to be amended or deleted. The writ of mandate
or injunction request shall be filed no later than the end of the
10-calendar-day public examination period.
   (2) A peremptory writ of mandate or an injunction shall be issued
 pursuant to this subdivision  only upon clear and
convincing proof that the material in question is false, misleading,
or inconsistent with this chapter, and that issuance of the writ or
injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law.
   (3) The elections official shall be named as respondent and the
person or official who authored the material in question shall be
named as real parties in interest. In the case of the elections
official bringing the mandamus or injunctive action, the board of
supervisors of the county shall be named as the respondent and the
person or official who authored the material in question shall be
named as the real party in interest. 
   (c) (1) If the governing board of the district challenges the
qualification or validity of an initiative measure, it shall seek a
writ of mandate or an injunction under this section to prohibit the
initiative measure from being placed on the ballot. The writ of
mandate or injunction request shall be filed no later than the end of
the 10-calendar-day public examination period.  
   (2) A peremptory writ of mandate or an injunction shall be issued
pursuant to this subdivision only upon clear and convincing proof
that the initiative measure does not qualify or is not valid for
placement on the ballot, and that issuance of the writ of mandate or
injunction will not substantially interfere with the printing or
distribution of official election materials as provided by law.