Bill Text: CA SB1202 | 2009-2010 | Regular Session | Enrolled
Bill Title: Elections: statewide ballot pamphlet.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Vetoed) 2010-09-24 - In Senate. To unfinished business. (Veto) [SB1202 Detail]
Download: California-2009-SB1202-Enrolled.html
BILL NUMBER: SB 1202 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2010
PASSED THE ASSEMBLY AUGUST 19, 2010
AMENDED IN ASSEMBLY JUNE 29, 2010
AMENDED IN SENATE APRIL 12, 2010
INTRODUCED BY Senator DeSaulnier
(Coauthor: Senator Hancock)
(Coauthors: Assembly Members Fong, Gatto, and Swanson)
FEBRUARY 18, 2010
An act to amend Sections 9084 and 9086 of the Elections Code, and
to amend Sections 88001 and 88002 of the Government Code, relating to
elections.
LEGISLATIVE COUNSEL'S DIGEST
SB 1202, DeSaulnier. Elections: statewide ballot pamphlet.
Existing law specifies information that must be included in the
statewide ballot pamphlet for each state measure to be voted upon.
This bill would require the Secretary of State to include in the
ballot pamphlet a list of the 5 highest contributors of $50,000 or
more to each primarily formed committee supporting each state
measure, as well as the total amount of their contributions, as of
110 days before election day.
The Political Reform Act of 1974, an initiative measure, generally
provides that the Legislature may amend the act to further the act's
purposes upon a 2/3 vote of each house and compliance with specified
procedural requirements.
The act also provides that, notwithstanding this requirement, the
Legislature may amend specified provisions to add to the ballot
pamphlet information regarding candidates or other information.
This bill, which would permit or require additional information to
be included in the ballot pamphlet, would therefore require a
majority vote.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 9084 of the Elections Code is amended to read:
9084. (a) The ballot pamphlet shall contain all of the following:
(1) A complete copy of each state measure.
(2) A copy of the specific constitutional or statutory provision,
if any, that each state measure would repeal or revise.
(3) A copy of the arguments and rebuttals for and against each
state measure.
(4) A copy of the analysis of each state measure.
(5) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
(6) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
(7) A written explanation of the judicial retention procedure as
required by Section 9083.
(8) The Voter Bill of Rights pursuant to Section 2300.
(9) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee
supporting each state measure and the total amount of each of their
contributions. Following the list shall be a statement that the list
reflects only the highest contributors of fifty thousand dollars
($50,000) or more as of 110 days before election day. For purposes of
this paragraph, the following apply:
(A) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.
(B) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.
(C) The definitions set forth in Chapter 2 (commencing with
Section 82000) of Title 9 of the Government Code shall apply to this
paragraph.
(b) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
(c) If the ballot contains a question on the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
(d) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
SEC. 2. 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 Attorney General.
(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) Immediately below the analysis by the Legislative Analyst
shall appear the list of the five highest contributors of fifty
thousand dollars ($50,000) or more to each primarily formed committee
supporting each state measure, as required by paragraph (9) of
subdivision (a) of Section 9084.
(d) 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.
(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
(f) 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.
(g) 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. 3. Section 88001 of the Government Code, as amended by
Section 63 of Chapter 1 of the Statutes of 2009, is amended to read:
88001. (a) The ballot pamphlet shall contain all of the
following:
(1) A complete copy of each state measure.
(2) A copy of the specific constitutional or statutory provision,
if any, that would be repealed or revised by each state measure.
(3) A copy of the arguments and rebuttals for and against each
state measure.
(4) A copy of the analysis of each state measure.
(5) Tables of contents, indexes, art work, graphics, and other
materials that the Secretary of State determines will make the ballot
pamphlet easier to understand or more useful for the average voter.
(6) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
will be mailed by the county elections official upon request.
(7) A written explanation of the judicial retention procedure as
required by Section 9083 of the Elections Code.
(8) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.
(9) A list of the five highest contributors of fifty thousand
dollars ($50,000) or more to each primarily formed committee
supporting each state measure and the total amount of each of their
contributions as of 110 days before election day. Following the list
shall be a statement that the list only reflects the highest
contributors of fifty thousand dollars ($50,000) or more as of 110
days before election day. For purposes of this paragraph, the
following apply:
(A) If a contributor is a committee controlled by a candidate, the
name of the candidate shall be listed.
(B) If a contributor is a sponsored committee, the name of the
sponsor shall be listed.
(b) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
(c) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
(d) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
(e) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.
SEC. 4. 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) Upon the top portion of the first page and not exceeding
one-third of the page shall appear:
(1) The identification of the measure by number and title.
(2) The official summary prepared by the Attorney General.
(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,
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) Immediately below the analysis by the Legislative Analyst
shall appear the list of the five highest contributors of fifty
thousand dollars ($50,000) or more to each primarily formed committee
supporting each state measure, as required by paragraph (9) of
subdivision (a) of Section 88001.
(d) 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.
(e) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
(f) 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.
(g) 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. 5. The Legislature finds and declares that this act amends
the Political Reform Act of 1974 by permitting or requiring the
inclusion of additional information on the ballot pamphlet in
accordance with Section 88007 of the Government Code.
