Bill Text: CA AB319 | 2009-2010 | Regular Session | Amended
Bill Title: Elections: ballot titles.
Spectrum: Partisan Bill (Republican 13-0)
Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB319 Detail]
Download: California-2009-AB319-Amended.html
BILL NUMBER: AB 319 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Niello
( Coauthors: Assembly Members
Adams, Bill Berryhill, DeVore,
Harkey, Jeffries, Knight, and Smyth
)
( Coauthors: Senators Cox,
Denham, Harman, Huff, and
Runner )
FEBRUARY 18, 2009
An act to amend Sections 336, 342, 9001, 9002, 9003, 9004, 9005,
9007, 9008, 9034, 9035, 9050, 9051, 9052, 9053, 9054, 9063, 9086,
13247, 13262, 13281, 13282, and 18602 of the Elections Code, relating
to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 319, as amended, Niello. Elections: ballot titles.
Existing law requires the Attorney General, upon receipt of a
draft of a petition for a proposed initiative or referendum, to
prepare a title and summary of the proposed measure. Under existing
law, the Attorney General is required to determine the effect of a
proposed initiative measure on revenues and expenditures of the state
or local government. If the Attorney General determines that a
proposed measure would affect state or local revenues or
expenditures, he or she must include in the title either the estimate
of the amount of change in state or local revenues or costs or an
opinion as to whether a substantial net change in state or local
finances would result if the proposed initiative is adopted. Existing
law requires the Department of Finance and the Joint Legislative
Budget Committee to prepare jointly the fiscal estimate that is
included in the title.
This bill would require the Legislative Analyst, instead of the
Attorney General, to prepare the ballot title and summary for all
measures submitted to the voters of the state and would require the
Legislative Analyst, instead of the Department of Finance and the
Joint Legislative Budget Committee, to prepare any fiscal estimate or
opinion required by a proposed initiative measure.
The bill would make its operation contingent upon the approval by
the voters of an unspecified amendment to the California
Constitution ACA 20 of the 2009-10 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 336 of the Elections Code is amended to read:
336. The "official summary date" is the date a summary of a
proposed initiative measure is delivered or mailed by the Legislative
Analyst to the proponents for a proposed initiative measure. The
Legislative Analyst shall immediately notify the Secretary of State
of that date and send the Secretary of State a copy of the summary.
The Secretary of State immediately shall notify the proponents and
county elections official of each county of the official summary date
and mail a copy of the 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.
No petitions for a proposed initiative measure shall be circulated
for signatures prior to the official summary date. Petitions with
signatures on a proposed initiative measure shall be filed with the
county elections official not later than 150 days from the official
summary date, and no county elections official shall accept petitions
on the proposed initiative measure after that period.
SEC. 2. 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
person or persons who submit a draft of a petition proposing the
measure to the Legislative Analyst with a request that he or she
prepare a 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, if publication is not required, who file petitions
with the elections official or legislative body.
SEC. 3. Section 9001 of the Elections Code is amended to read:
9001. The heading of a proposed initiative measure shall be in
substantially the following form:
Initiative Measure to Be Submitted Directly to the Voters
The Legislative Analyst of California has prepared the following
title and summary of the chief purpose and points of the proposed
measure:
(Here set forth the title and summary prepared by the Legislative
Analyst. This 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 otherwise provided by law. The
proposed constitutional (or statutory) amendments (full title and
text of the measure) read as follows:
SEC. 4. Section 9002 of the Elections Code is amended to read:
9002. Prior to the circulation of an initiative or referendum
petition for signatures, a draft of the proposed measure shall be
submitted to the Legislative Analyst with a written request that a
title and summary of the chief purpose and points of the proposed
measure be prepared. The title and summary shall not exceed a total
of 100 words.
The persons presenting the request shall be known as the
"proponents."
The Legislative Analyst shall preserve the written request until
after the next general election.
SEC. 5. Section 9003 of the Elections Code is amended to read:
9003. If the Legislative Analyst is a proponent of a proposed
measure, the 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 Legislative Analyst specified in this
chapter with respect to the title and summary and an estimate of the
financial effect of the measure shall be performed by the Legislative
Counsel.
SEC. 6. Section 9004 of the Elections Code is amended to read:
9004. (a) Upon receipt of a draft of a petition, the Legislative
Analyst shall prepare a summary of the chief purposes and points of
the proposed measure. The summary shall be prepared in the manner
provided for the preparation of ballot titles in Article 5
(commencing with Section 9050), the provisions of which in regard to
the preparation, filing, and settlement of titles and summaries are
hereby made applicable to the summary. The Legislative Analyst shall
provide a copy of the title and summary to the Secretary of State
within 15 days after receipt of the final version of a proposed
initiative measure, or if a fiscal estimate or opinion is to be
included, within 15 days after determining a fiscal estimate or
opinion is required pursuant to Section 9005.
(b) 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
Legislative Analyst shall provide a copy of the title and summary to
the Secretary of State within 15 days after receipt of the
amendments.
(c) The proponents of an initiative measure, at the time of
submitting the draft of the measure to the Legislative Analyst, 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.
SEC. 7. Section 9005 of the Elections Code is amended to read:
9005. (a) Notwithstanding Section 9004, the Legislative Analyst,
in preparing a title or summary for an initiative measure, shall
determine whether the substance thereof if adopted would affect the
revenues or expenditures of the state or local government, and if he
or she determines that it would, he or she shall include in the title
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. The Legislative
Analyst may request the assistance of any state department, agency,
or official in preparing the estimate required by this subdivision.
(b) The estimate shall be completed by the Legislative Analyst
within 15 days from the date of determining that the estimate is
required, unless in the opinion of the Legislative Analyst a
reasonable estimate of the net impact of the proposed initiative
cannot be prepared within the 15-day period. In the latter case, the
Legislative Analyst shall, within the 15-day period, give his or her
opinion as to whether or not a substantial net change in state or
local finances would result if the proposed initiative is adopted.
SEC. 8. Section 9007 of the Elections Code is amended to read:
9007. Immediately upon the preparation of the summary of an
initiative or referendum petition, the Legislative Analyst shall
forthwith transmit copies of the text of the measure and summary to
the Senate and Assembly. The appropriate committees of each house may
hold public hearings on the subject of the measure. However, nothing
in this section shall be construed as authority for the Legislature
to alter the measure or prevent it from appearing on the ballot.
SEC. 9. Section 9008 of the Elections Code is amended to read:
9008. Every proposed initiative measure, prior to circulation,
shall have placed across the top of the petition in 12-point or
larger roman boldface type, all of the following:
(a) The summary prepared by the Legislative Analyst upon each page
of the petition on which signatures are to appear.
(b) The summary prepared by the Legislative Analyst upon each
section of the petition preceding the text of the measure.
(c) The summary prepared by the Legislative Analyst as required by
subdivision (b) shall be preceded by the following statement:
"Initiative measure to be submitted directly to the voters."
SEC. 10. 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 ballot title as prepared by the
Legislative Analyst pursuant to Section 9050, to the Senate and
Assembly. Each house shall assign the initiative measure to its
appropriate committees. The appropriate committees shall hold joint
public hearings on the subject of the measure prior to the date of
the election at which the measure is to be voted upon. However, no
hearing may be held within 30 days prior to the date of the election.
Nothing in this section shall be construed as authority for the
Legislature to alter the initiative measure or prevent it from
appearing on the ballot.
SEC. 11. 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 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 Constitution, of the voters for all candidates for Governor at
the last gubernatorial election preceding the issuance of the title
and summary for the initiative measure by the Legislative Analyst.
SEC. 12. Section 9050 of the Elections Code is amended to read:
9050. The Legislative Analyst shall provide and return to the
Secretary of State a ballot title for a measure submitted to the
voters of the whole state.
SEC. 13. Section 9051 of the Elections Code is amended to read:
9051. A person who is interested in a proposed measure may at any
time, prior to 150 days before the election at which the measure is
to be voted upon, file a copy of it with the Secretary of State,
together with a request that a ballot title be prepared for it. This
request shall be accompanied by the address of the person or
association of persons proposing the measure. The Secretary of State
shall immediately transmit a copy of the measure to the Legislative
Analyst. Within 10 days after it is filed, the Legislative Analyst
shall provide and return to the Secretary of State a ballot title for
the measure. The ballot title may differ from the legislative or
other title of the measure and shall express in not exceeding 100
words the purpose of the measure. In providing the ballot title, the
Legislative Analyst shall give a true and impartial statement of the
purpose of the measure in such language that the ballot title shall
neither be an argument, nor be likely to create prejudice, for or
against the proposed measure.
SEC. 14. Section 9052 of the Elections Code is amended to read:
9052. Immediately upon receipt of the ballot title prepared by
the Legislative Analyst, the Secretary of State shall mail to the
persons who may have requested the preparation of that ballot title,
a notice addressed to them at the address accompanying the request,
stating that the Legislative Analyst has made and returned the ballot
title. The notice shall also contain a copy of the ballot title
prepared by the Legislative Analyst.
SEC. 15. Section 9053 of the Elections Code is amended to read:
9053. A measure shall be designated on the ballot by the ballot
title certified to the Secretary of State by the Legislative Analyst.
SEC. 16. Section 9054 of the Elections Code is amended to read:
9054. (a) Whenever a city, county, or city and county is required
by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42
U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965 to
provide a translation of ballot materials in a language other than
English, the Secretary of State shall provide a translation of the
ballot title prepared pursuant to Section 9050 and of the condensed
statement of the ballot title prepared pursuant to Section 13247 in
that language to the city, county, or city and county for a state
measure submitted to the voters in a statewide election not later
than 68 days prior to that election.
(b) When preparing a translation in a language other than English
pursuant to subdivision (a), the Secretary of State shall consult
with an advisory body consisting of language experts and nonpartisan
organizations that advocate on behalf of, or provide services to,
individuals that speak that language.
(c) Translations prepared pursuant to this section shall be made
available for public examination in the same time and manner as the
ballot pamphlet is made available for public examination in
accordance with Section 88006 of the Government Code and Section 9092
of this code.
(d) The local elections official shall use the translation of the
condensed statement of the ballot title prepared pursuant to this
section on the sample ballot and the official ballot and may not
select or contract with another person to provide translations of the
same text.
SEC. 17. 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 summary that has been prepared by the Legislative
Analyst. The Legislative Counsel Bureau shall prepare the summary on
all other measures.
SEC. 18. 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) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
(1) Identification of the measure by number and title.
(2) The official summary prepared by the Legislative Analyst.
(3) 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.
(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. 19. Section 13247 of the Elections Code is amended to read:
13247. (a) The statement of all measures submitted to the voters
shall be abbreviated on the ballot. The statement shall contain not
more than 75 words of each measure to be voted on, followed by the
words, "Yes" and "No." Abbreviation of measures to be voted on
throughout the state shall be composed by the Legislative Analyst and
shall be a condensed statement of the ballot title prepared by him
or her.
(b) For purposes of measures to be voted on throughout the state,
the limitation contained in subdivision (a) shall apply to the total
number of words used in the condensed statement of the ballot title
and the financial impact summary prepared pursuant to Section 9087 of
this code and Section 88003 of the Government Code.
SEC. 20. 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, if each and every statement
of measures on that ballot is abbreviated. Abbreviation of matters to
be voted on throughout the state shall be composed by the
Legislative Analyst.
SEC. 21. Section 13281 of the Elections Code is amended to read:
13281. The ballot label for measures to be voted on throughout
the state shall be composed by the Legislative Analyst and shall be a
condensed statement of the ballot title prepared by him or her.
SEC. 22. Section 13282 of the Elections Code is amended to read:
13282. Whenever the Legislative Analyst prepares a condensed
statement of a ballot title, the Legislative Analyst shall file a
copy of the statement with the Secretary of State. The Secretary of
State shall make a copy of the statement available for public
examination prior to the printing of the statement on any ballot. The
public shall be permitted to examine the statement 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 any statement, 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. 23. Section 18602 of the Elections Code is amended to read:
18602. 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 Legislative
Analyst from the view of a prospective signer is guilty of a
misdemeanor.
SEC. 24. This bill shall become operative only if Assembly
Constitutional Amendment ___ 20 of the
2009-10 Regular Session is approved by voters at a statewide general
election.
