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AB-1968 Elections: ballot titles.(2009-2010)

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AB1968:v98#DOCUMENT

Amended  IN  Assembly  May 03, 2010

CALIFORNIA LEGISLATURE— 2009–2010 REGULAR SESSION

Assembly Bill
No. 1968

Introduced  by  Assembly Member Niello

February 17, 2010

An act to amend Sections 336, 342, 9001, 9002, 9003, 9004, 9005, 9006, 9007, 9008, 9009, 9034, 9035, 9050, 9051, 9053, 9054, 9063, 9086, 13247, 13262, 13282, and 18602 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 1968, 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. Existing law imposes specified deadlines on the preparation of a title and summary, and a fiscal estimate.
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 also change the deadlines applicable to the preparation of a title and summary and a fiscal estimate or opinion.
The bill would make its operation contingent upon the approval by the voters of ACA 20 of the 2009–10 Regular Session.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   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 circulating title and summary of a proposed initiative measure is delivered or mailed by the Legislative Analyst to the proponents of the proposed measure.

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 elector or electors who submit the text of a proposed initiative or referendum to the Legislative Analyst 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, 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.
 (a) Prior to the circulation of an initiative or referendum petition for signatures, the text of the proposed measure shall be submitted to the Legislative Analyst 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 Legislative Analyst shall preserve the written request until after the next general election.
(b) Each and every proponent of any 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 initiative measure, at the time of submitting the text of the proposed 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.
(d) All referenda and proposed initiative measures must be submitted to the Legislative Analyst’s Initiative Coordinator located in the Sacramento Legislative Analyst’s Office via 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 Legislative Analyst’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. 4.

 Section 9002 of the Elections Code is amended to read:

9002.
 (a) The Legislative Analyst shall provide a copy of the title and summary to the Secretary of State within 15 30 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. If during the 30-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 30 days after receipt of the amendments.
(b) The amendment must 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 be submitted to the Legislative Analyst’s Initiative Coordinator located in the Sacramento Legislative Analyst’s Office via 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. 5.

 Section 9003 of the Elections Code is amended to read:

9003.
 If the Legislative Analyst 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 Legislative Analyst 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. 6.Section 9004 of the Elections Code is amended to read:
9004.

(a)Upon receipt of the text of a proposed initiative measure, the Legislative Analyst 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 Legislative Analyst 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 Legislative Analyst 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 final version of a proposed initiative measure, or if a fiscal estimate or opinion is to be included, within 15 days after determining that a fiscal estimate or opinion is required 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 Legislative Analyst, 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. 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. 6.

 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 Legislative Analyst 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 Legislative Analyst 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 Legislative Analyst 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 30 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 final version of a proposed initiative measure. 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 Legislative Analyst, 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. 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. 7.

 Section 9005 of the Elections Code is amended to read:

9005.
 (a) The Legislative Analyst, 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.

(c)

(b) The estimate shall be completed by the Legislative Analyst within 15 days from the date of determining that the estimate is required the period specified in Section 9002, unless, in the opinion of the Legislative Analyst, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 15-day that period. In the latter case, the Legislative Analyst shall, within the 15-day period specified in Section 9002, 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 measure is adopted.

SEC. 8.

 Section 9006 of the Elections Code is amended to read:

9006.
 (a) Upon receipt of the text of a proposed referendum, the Legislative Analyst 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 Legislative Analyst 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) Upon receipt of the circulating title and summary from the Legislative Analyst, 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. 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 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 Legislative Analyst 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 be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.

SEC. 10.

 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 Legislative Analyst’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 Legislative Analyst upon each page of the petition on which signatures are to appear.
(c) The circulating title and summary prepared by the Legislative Analyst upon each section of the petition preceding the text of the measure.
(d) The circulating title and summary prepared by the Legislative Analyst as required by subdivision (c) shall be preceded by the following statement: “Initiative measure to be submitted directly to the voters.”

SEC. 11.

 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 Legislative Analyst 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 Legislative Analyst and circulating title and summary prepared by the Legislative Analyst. Both the Legislative Analyst’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. 12.

 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 Legislative Analyst 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 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. 13.

 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 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 Legislative Analyst.

SEC. 14.

 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 Legislative Analyst. The Legislative Analyst shall provide and return to the Secretary of State a ballot title and summary and ballot label for a measure submitted to the voters of the whole state by a date sufficient to meet the ballot pamphlet public display deadlines.

SEC. 15.

 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 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 the ballot title and summary, the Legislative Analyst 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. 16.

 Section 9053 of the Elections Code is amended to read:

9053.
 A measure shall be designated on the ballot by the ballot label certified to the Secretary of State by the Legislative Analyst.

SEC. 17.

 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 and summary prepared pursuant to Sections 9050 and 9051 and of the ballot label 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 ballot label 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. 18.

 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 Legislative Analyst. The Legislative Counsel Bureau shall prepare the summary on all other measures.

SEC. 19.

 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. 20.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. 21.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. 22.SEC. 21.

 Section 13282 of the Elections Code is amended to read:

13282.
 Whenever the Legislative Analyst prepares a ballot label, the Legislative Analyst 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 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. 23.SEC. 22.

 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.SEC. 23.

 Sections 1 to 23 22, inclusive, of this act shall become operative only if Assembly Constitutional Amendment 20 of the 2009–10 Regular Session is approved by voters at a statewide general election.