Bill Text: CA AB2394 | 2013-2014 | Regular Session | Introduced


Bill Title: Elections: Secretary of State.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-04-22 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2394 Detail]

Download: California-2013-AB2394-Introduced.html
BILL NUMBER: AB 2394	INTRODUCED
	BILL TEXT


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,  including
  and the offices of the Secretary of State and 
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  Attorney General   Secretary of State
 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  Attorney General   Secretary
of State  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, where   if  publication is not
required,  the person or persons  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. 
   (3) Secretary of State.  
   (4) 
    (3)  Controller. 
   (5) 
    (4)  Treasurer. 
   (6) 
    (5)  Attorney General. 
   (7) 
    (6)  Insurance Commissioner. 
   (8) 
    (7)  Member of the State Board of Equalization. 

   (9) 
    (8)  United States Senator. 
   (10) 
    (9)  Member of the United States House of
Representatives. 
   (11) 
    (10)  State Senator. 
   (12) 
    (11)  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)  Prior to   Before  the
circulation of  any   an  initiative or
referendum petition for signatures, the text of the proposed measure
shall be submitted to the  Attorney General  
Secretary of State  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 
 Secretary of State  shall preserve the written request
until after the next general election.
   (b) Each  and every  proponent of  any
  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  any   an 
initiative measure, at the time of submitting the text of the
proposed measure to the  Attorney General  
Secretary of State  , 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  must
  shall  be submitted to the  Attorney
General's   Secretary of State   's 
Initiative Coordinator located in the  Secretary of State's 
Sacramento  Attorney General's Office   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.
   (e) The  Attorney General's   Secretary of
State's  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  Attorney General   Secretary
of State  shall  provide a copy of  
prepare  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   Secretary of State 
shall  provide a copy of   prepare  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   Secretary
of State   's  Initiative Coordinator located in the
 Secretary of State's  Sacramento  Attorney General'
s Office   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. 7.  Section 9003 of the Elections Code is amended to read:
   9003.  In the event that the  Attorney General 
 Secretary of State  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  Attorney General
    Secretary of State  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  Attorney General   Secretary of
State  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   Secretary of State  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  Attorney General   Secretary of
State  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)  Upon receipt of the circulating title and summary
from the Attorney General, the   The  Secretary of
State shall, within one business day  after preparing the
circulating title and summary  , 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  Attorney General   Secretary
of State  , 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  Attorney
General   Secretary of State  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 Attorney
General   Secretary of State  within 25 working
days from the date of receipt of the final version of the proposed
initiative measure from the  Attorney General  
Secretary of State  , 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  Attorney
General   Secretary of State  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 
measure  , the  Attorney General  Secretary
of State  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   A  fiscal analysis shall  not
 be included.
   (b) The  Attorney General   Secretary of
State  shall provide a copy of the circulating title and summary
of the proposed referendum  measure  to the proponents
 and to the Secretary of State  within 10 days after
receipt of the proposed referendum  measure  .
   (c)  Upon receipt of the circulating title and summary
from the Attorney General, the   The  Secretary of
State shall, within one business day  after preparing the
circulating title and summary  , 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
 Attorney General   Secretary of State 
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,  nothing in  this
section shall  not  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,  prior to
  before  circulation, shall have placed across the
top of the petition in 12-point or larger roman boldface type
 ,  all of the following:
   (a) The  Attorney General's   Secretary of
State   's  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 
Attorney General   Secretary of State  upon each
page of the petition on which signatures are to appear.
   (c) The circulating title and summary prepared by the 
Attorney General   Secretary of State  upon each
section of the petition preceding the text of the measure.
   (d) The circulating title and summary prepared by the 
Attorney General  Secretary of State  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  Attorney General   Secretary of State
 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
 Attorney General   Secretary of State  and
circulating title and summary prepared by the  Attorney
General   Secretary of State  . Both the 
Attorney General's   Secretary of State   's
 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  by the   Attorney General
 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  such  the 
measure  prior to   before  the date of the
election at which the measure is to be voted upon. However, 
no   a  hearing  may   shall
not  be held within 30 days  prior to  
before  the date of the election.
    Nothing in this   This  section shall
 not  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 California 
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  California 
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 
Attorney General   Secretary of State  .
  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  promptly transmit a copy of the measure to
the Attorney General. The   Attorney General
  shall provide and return to the Secretary of State
  prepare  a ballot title and summary and ballot
label for  the measure. The Secretary of State shall prepare a
ballot title and summary and ballot label for  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
 ,   of this code  and Section 88003 of the
Government Code.
   (b) The ballot label shall  not  contain  no
 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  of this code  and Section
88003 of the Government Code.
   (c) In  providing   preparing  the
ballot title and summary, the  Attorney General 
 Secretary of State  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.   Each   A  measure shall be
designated on the ballot by the ballot label  certified to
the Secretary of State   prepared  by the 
Attorney General   Secretary of State  .
  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  Attorney General   Secretary of State
 . 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  Attorney General
  Secretary of State  .
   (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 this code  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  utilize   use  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  Attorney General   S  
ecretary of State  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)  Prior to   Before  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,  provided that
  if  each and every statement of  measures
  measure  on that ballot is abbreviated. 
Abbreviation  Any abbreviation  of matters to be
voted on throughout the state shall be composed by the 
Attorney General   Secretary of State  .
  SEC. 23.  Section 13282 of the Elections Code is amended to read:
   13282.  Whenever the  Attorney General  
Secretary of State  prepares a ballot label, the 
Attorney General   Secretary of State  shall
 file a copy of the ballot label with the Secretary of State.
The Secretary of State shall  make a copy of the ballot
label available for public examination  prior to 
 before  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.   Any   A  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 Attorney General   Secretary of
State  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  Attorney General
  Secretary of State  .
   (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  of
this 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,
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.                                         
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