Today's Law As Amended


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SB-1233 Ballot measure petitions: translations.(2011-2012)



As Amends the Law Today


SECTION 1.

 Section 9001 of the Elections Code is amended to read:

9001.
 (a) Before (1)  Prior to  the circulation of an initiative or referendum petition for signatures, the text of the proposed measure shall be submitted to the Attorney General 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 shall preserve the written request until after the next general election.
(2) The proponents of an initiative or referendum measure, at the time of submitting the text of the proposed measure to the Attorney General, shall submit to the Attorney General a list of the counties in which the petition will be circulated that are covered 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.
(b) Each and every  proponent of 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 a proposed  an  initiative measure, at the time of submitting the text of the proposed measure to the Attorney General, shall pay a fee to the Attorney General  of two thousand hundred  dollars ($2,000) that ($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 Initiative Coordinator located in the Sacramento Attorney General’s Office via U.S.  United States  Postal Service, alternative mail service, or personal delivery. Only printed documents will be accepted; facsimile or email delivery will not be accepted.
(e) The Attorney General’s office  General  shall not deem a request for a circulating title and summary submitted until all of the requirements of this section are met.

SEC. 2.

 Section 9002 of the Elections Code is amended to read:

9002.
 (a) Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the Attorney General shall initiate a public review process for a period of 30 days by doing all of the following:
(1) Posting the text of the proposed initiative measure on the Attorney General’s Internet Web site.
(2) (a)  Inviting, and providing for the submission of, written public comments on the proposed initiative measure on the Attorney General’s Internet Web site. The site shall accept written public comments for the duration of the public review period. The written public comments shall be public records, available for inspection upon request pursuant to Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code, but shall not be displayed to the public on the Attorney General’s Internet Web site during the public review period. The  Except as provided in subdivision (c) of Section 9004, the Attorney General 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 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 shall transmit any written public comments received during the public review period to the proponents of the proposed initiative measure. provide a copy of the title and summary to the Secretary of State within 15 days after receipt of the amendments. 
(b) During the public review period, the proponents of the proposed initiative measure may submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed. However, amendments shall not be submitted if the initiative measure as originally proposed would not effect a substantive change in law.
(1) (b)  An The  amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language.
(2) (c)  An The  amendment shall be submitted to the Attorney General’s Initiative Coordinator located in the Sacramento  Attorney General’s Sacramento  Office via United States Postal Service, alternative mail service, or personal delivery. Only printed documents shall will  be accepted; facsimile or email delivery shall will  not be accepted.
(3) The submission of an amendment shall not extend the period to prepare the estimate required by Section 9005.
(4) An amendment shall not be accepted more than five days after the public review period is concluded. However, a proponent shall not be prohibited from proposing a new initiative measure and requesting that a circulating title and summary be prepared for that measure pursuant to Section 9001.

SEC. 3.

 Section 9004 of the Elections Code is amended to read:

9004.
 (a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the  the  Attorney General 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 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  Except as provided in subdivision (c), the  Attorney General 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 Analyst  Budget Committee  pursuant to Section 9005. The date the copy is delivered or mailed to the proponents is the “official summary date.”
(c) In the event that the Attorney General is required to prepare a translation of the circulating title and summary pursuant to Section 9006.5, the Attorney General shall provide a copy of the circulating title and summary, its translation, and its unique numeric identifier to the proponents and the Secretary of State within 25 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 Attorney General shall also provide the Secretary of State with a list of the counties identified by the proponents pursuant to paragraph (2) of subdivision (a) of Section 9001.
(c) (d)  Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, 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. In the event that the Secretary of State receives from the Attorney General a translation of the circulating title and summary pursuant to subdivision (c), the Secretary of State shall provide the relevant translation to the county elections official in each county identified by the proponents pursuant to paragraph (2) of subdivision (a) of Section 9001.  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. 4.

 Section 9006 of the Elections Code is amended to read:

9006.
 (a) Upon receipt of the text of a proposed referendum, the Attorney General 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 fiscal analysis shall be included.
(b) The  Except as provided in subdivision (c), the  Attorney General shall provide a copy of the circulating title and summary of the proposed referendum to the proponents and to the Secretary of State within 10 days after receipt of the proposed referendum.
(c) In the event that the Attorney General is required to prepare a translation of the circulating title and summary pursuant to Section 9006.5, the Attorney General shall provide a copy of the circulating title and summary, its translation, and its unique numeric identifier to the proponents and the Secretary of State within 20 days after receipt of the proposed referendum.
(c) (d)  Upon receipt of the circulating title and summary from the Attorney General, the Secretary of State shall, within one business day, 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. In the event that the Secretary of State receives from the Attorney General a translation of the circulating title and summary pursuant to subdivision (c), the Secretary of State shall provide the relevant translation to the county elections official in each county identified by the proponents pursuant to paragraph (2) of subdivision (a) of Section 9001.  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. 5.

 Section 9006.5 is added to the Elections Code, to read:

9006.5.
 In the event that the proponents of an initiative or referendum measure submit to the Attorney General a list of counties pursuant to paragraph (2) of subdivision (a) of Section 9001, the Attorney General shall prepare a translation of the circulating title and summary of the proposed measure in each applicable minority language for the counties identified by the proponents that are covered 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.

SEC. 6.

 Section 9023 is added to the Elections Code, to read:

9023.
 In the event that the circulator of an initiative or referendum petition circulates the petition in a county covered 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, a copy of the applicable translated circulating title and summary prepared by the Attorney General shall be attached to the petition and available to each person whom the circulator solicits in that language to sign the petition. The circulator shall also provide a copy of the applicable translated circulating title and summary to any person upon request.

SEC. 7.

 Section 11042.5 is added to the Elections Code, to read:

11042.5.
 (a) This section applies only to the recall of state officers.
(b) At the time of the filing of two blank copies of the petition pursuant to Section 11042, the proponents shall also submit to the Secretary of State a list of the counties in which the petition will be circulated that are covered 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.
(c) If the proponents submit a list of counties pursuant to subdivision (b), the Secretary of State, within 10 days after ascertaining that the proposed form and wording of the petition meet the requirements of this chapter, shall prepare a translation of the petition in each applicable minority language for the counties identified by the proponents that are covered 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, and provide a copy of each translation to the proponents.
(d) If a recall petition is circulated in a county covered 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, a copy of the applicable translation of the petition prepared by the Secretary of State shall be attached to the petition and available to each person whom the circulator solicits in that language to sign the petition. The circulator shall also provide a copy of the applicable translation of the petition to any person upon request.