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SB-334 Elections: statewide ballot pamphlet. (2011-2012)

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Enrolled  September 13, 2011
Passed  IN  Senate  September 09, 2011
Passed  IN  Assembly  September 08, 2011
Amended  IN  Assembly  August 31, 2011
Amended  IN  Assembly  August 22, 2011
Amended  IN  Senate  April 26, 2011

CALIFORNIA LEGISLATURE— 2011–2012 REGULAR SESSION

Senate Bill
No. 334

Introduced  by  Senator DeSaulnier
 (Coauthor(s): Assembly Member Fuentes, Gatto)

February 15, 2011

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 334, 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 or opposing each state measure, as well as the total amount of their contributions, as of 110 days before election day or, if a special election is called on a date before election day for that special election so as to make compliance with the 110-day timeframe infeasible, as of a later date as feasible, based on the time requirements set forth by the Secretary of State for preparation of the ballot pamphlets for that special election.
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 add to the content of the ballot pamphlet as specified in the act 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.
This bill would incorporate additional changes to Section 9086 of the Elections Code and Section 88002 of the Government Code, proposed by AB 732, to be operative only if AB 732 and this bill are both enacted, both bills become effective on or before January 1, 2012, and this bill is enacted last.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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) (i) 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 or, if a special election is called on a date before election day for that special election so as to make compliance with the 110-day timeframe infeasible, as of a later date as feasible under timeframes and procedures set forth by the Secretary of State for preparation of the state ballot pamphlets for that special election.
(ii) A list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing each state measure and the total amount of each of their contributions as of 110 days before election day or, if a special election is called on a date before election day for that special election so as to make compliance with the 110-day timeframe infeasible, as of a later date as feasible under timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlets for that special election.
(iii) A printed statement that reads substantially similar to the following: “To learn who contributed to committees supporting or opposing each state measure, access the Secretary of State’s Internet Web site at [Internet Web site address].”
(iv) Following the lists described in clauses (i) and (ii) and the statement described in clause (iii) shall be a statement stating that the lists reflect only the highest contributors of fifty thousand dollars ($50,000) or more as of 110 days before election day or, if a special election is called on a date before election day for that special election so as to make compliance with the 110-day timeframe infeasible, as of a later date as feasible under timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlets for that special election.
(B) For purposes of this paragraph, the following apply:
(i) If a contributor is a committee controlled by a candidate, the name of the candidate shall be listed.
(ii) If a contributor is a sponsored committee, the name of the sponsor shall be listed.
(iii) The definitions set forth in Chapter 2 (commencing with Section 82000) of Title 9 of the Government Code.
(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 and a list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing 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. 2.5.

 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) (1) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:
(A) Identification of the measure by number and title.
(B) The official summary prepared by the Attorney General.
(C) 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.
(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(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 and a list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing 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) (i) 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 or, if a special election is called on a date before election day for that special election so as to make compliance with the 110-day timeframe infeasible, as of a later date as feasible under timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlets for that special election.
(ii) A list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing each state measure and the total amount of each of their contributions as of 110 days before election day or, if a special election is called on a date before election day for that special election so as to make compliance with the 110-day timeframe infeasible, as of a later date as feasible under timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlets for that special election.
(iii) A printed statement that reads substantially similar to the following: “To learn who contributed to committees supporting or opposing each state measure, access the Secretary of State’s Internet Web site at [Internet Web site address].”
(iv) Following the lists described in clauses (i) and (ii) and the statement described in clause (iii) shall be a statement stating that the lists reflect only the highest contributors of fifty thousand dollars ($50,000) or more as of 110 days before election day or, if a special election is called on a date before election day for that special election so as to make compliance with the 110-day timeframe infeasible, as of a later date as feasible under timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlets for that special election.
(B) For purposes of this paragraph, the following apply:
(i) If a contributor is a committee controlled by a candidate, the name of the candidate shall be listed.
(ii) 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 and a list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing 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. 4.5.

 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) (1) Upon the top portion of the first page and not exceeding one-third of the page shall appear:
(A) The identification of the measure by number and title.
(B) The official summary prepared by the Attorney General.
(C) 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.
(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of the Elections Code and Section 88003 shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(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 and a list of the five highest contributors of fifty thousand dollars ($50,000) or more to each primarily formed committee opposing 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.

 (a) Section 2.5 of this bill incorporates amendments to Section 9086 of the Elections Code proposed by both this bill and Assembly Bill 732. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 9086 of the Elections Code, and (3) this bill is enacted after Assembly Bill 732, in which case Section 2 of this bill shall not become operative.
(b) Section 4.5 of this bill incorporates amendments to Section 88002 of the Government Code proposed by both this bill and Assembly Bill 732. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2012, (2) each bill amends Section 88002 of the Government Code, and (3) this bill is enacted after Assembly Bill 732, in which case Section 4 of this bill shall not become operative.

SEC. 6.

 The Legislature finds and declares that this act permits or requires the inclusion of additional information on the ballot pamphlet in accordance with Section 88007 of the Government Code.