Bill Text: CA AB2848 | 2017-2018 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local ballot measures: statement of the measure.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-05-09 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2848 Detail]

Download: California-2017-AB2848-Amended.html

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Amended  IN  Assembly  March 23, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill

No. 2848

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Introduced by Assembly Member Obernolte

February 16, 2018

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An act to amend Section 9610 13119 of the Elections Code, relating to elections.

LEGISLATIVE COUNSEL'S DIGEST

AB 2848, as amended, Obernolte. Petition circulator: certification: use of signatures. Local ballot measures: statement of the measure.

Existing law requires that the ballots used when voting on a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure have printed on them specified information, including a statement describing the measure. If the proposed measure imposes a tax or raises the rate of a tax, existing law requires that the statement of the measure include the amount of money to be raised annually and the rate and duration of the tax to be levied.

This bill would create an exception to this requirement regarding tax information for proposed measures authorizing the issuance of bonds.

Existing law requires a petition circulator, prior to soliciting signatures on an initiative petition, to execute and submit to the person, company official, or other organizational officer who is in charge of signature gathering a signed statement, as specified. Existing law requires the person, company official, or other organizational officer who is in charge of signature gathering for the proposed initiative measure to keep the certification on file for not less than eight months after the certification of the results of the election for which the measure qualified, or if the measure, for any reason, is not submitted to the voters, eight months after the deadline for submission of the petition to the elections official.

This bill would make a technical, nonsubstantive change to these provisions.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 13119 of the Elections Code is amended to read:

13119.

 (a) The ballots used when voting upon a measure proposed by a local governing body or submitted to the voters as an initiative or referendum measure pursuant to Division 9 (commencing with Section 9000), including a measure authorizing the issuance of bonds or the incurrence of debt, shall have printed on them the words “Shall the measure (stating the nature thereof) be adopted?” Opposite the statement of the measure to be voted on, and to its right, the words “Yes” and “No” shall be printed on separate lines, with voting squares. If a voter stamps a cross (+) in the voting square after the printed word “Yes,” his or her vote shall be counted in favor of the adoption of the measure. If he or she stamps a cross (+) in the voting square after the printed word “No,” his or her vote shall be counted against its adoption.

(b) If the proposed measure imposes a tax or raises the rate of a tax, except a proposed measure authorizing the issuance of bonds, the ballot shall include in the statement of the measure to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.

(c) The statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.

(d) For purposes of this section, “local governing body” means the governing body of a city, county, city and county, including a charter city or charter county, or district, including a school district.

SECTION 1.Section 9610 of the Elections Code is amended to read:

9610.

(a)Before soliciting signatures on an initiative petition, a circulator shall execute and submit to the person, company official, or other organizational officer who is in charge of signature gathering a signed statement that reads as follows:

I, ___, acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot.

(Signature of Circulator)

Dated this ________ day of __________, 20___

(b)The certification required by subdivision (a) shall be kept on file by the person, company official, or other organizational officer who is in charge of signature gathering for the proposed initiative measure for not less than eight months after the certification of the results of the election for which the measure qualified, or if the measure, for any reason, is not submitted to the voters, eight months after the deadline for submission of the petition to the elections official.

(c)This section does not apply to unpaid circulators of state or local initiative petitions.

(d)Failure to comply with this section shall not invalidate any signatures on a state or local initiative petition.