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AB-2338 Initiatives: writ of mandate.(2013-2014)

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AB2338:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2013–2014 REGULAR SESSION

Assembly Bill
No. 2338

Introduced by Assembly Member Wagner

February 21, 2014

An act to amend Section 1060 of the Code of Civil Procedure, and to amend Sections 9190, 9295, 9380, and 9509 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


AB 2338, as introduced, Wagner. Initiatives: writ of mandate.
(1) In cases of actual controversy relating to the legal rights and duties of respective parties, existing law authorizes a party to bring an action in superior court for a declaration of the party’s rights and duties and to request a determination of any question of construction or validity arising under an instrument or contract.
This bill would, if a local initiative measure has been certified by an elections official as having qualified for the ballot, prohibit a public agency from bringing suit seeking a declaration of rights related to the construction or validity of the initiative measure until after the election for which the initiative measure qualified has been held.
(2) Under existing law, the elections official administering a county, municipal, district, or school district election is required to make a copy of certain election materials available for public examination in his or her office for a period of 10 calendar days immediately following the filing deadline for submission of those documents. Existing law permits any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, to seek a writ of mandate or an injunction requiring the amendment or deletion of any or all of the materials, as specified, during that 10-calendar-day public examination period. Existing law also requires that a peremptory writ of mandate or injunction be issued only upon clear and convincing proof, as specified.
This bill would require that, if the governing body of the jurisdiction in which the initiative measure will be voted upon seeks to challenge the qualification or validity of the initiative measure, it shall do so by seeking the above-described writ of mandate or injunction during the 10-calendar-day public examination period in order to prohibit the initiative measure from being placed on the ballot. The bill also would require that a peremptory writ of mandate or an injunction be issued only upon clear and convincing proof that the initiative measure does not qualify or is not valid for placement on the ballot, and that issuance of the writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 1060 of the Code of Civil Procedure is amended to read:

1060.
 (a) Any person interested under a written instrument, excluding a will or a trust, or under a contract, or who desires a declaration of his or her rights or duties with respect to another, or in respect to, in, over or upon property, or with respect to the location of the natural channel of a watercourse, may, in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action or cross-complaint in the superior court for a declaration of his or her rights and duties in the premises, including a determination of any question of construction or validity arising under the instrument or contract. He or she may ask for a declaration of rights or duties, either alone or with other relief; and the court may make a binding declaration of these rights or duties, whether or not further relief is or could be claimed at the time. The declaration may be either affirmative or negative in form and effect, and the declaration shall have the force of a final judgment. The declaration may be had before there has been any breach of the obligation in respect to which said declaration is sought. A party may obtain a declaration before any breach of the obligation giving rise to the declaration has occurred.
(b) Notwithstanding subdivision (a), if an initiative measure has been certified by an elections official as having qualified for the ballot pursuant to Section 9116, 9118, 9214, 9215, 9310, or 9311 of the Elections Code, a public agency shall not bring an original action or a cross-complaint seeking a declaration under this section until after the election for which the initiative measure qualified has been held.

SEC. 2.

 Section 9190 of the Elections Code is amended to read:

9190.
 (a) The county elections official shall make a copy of the materials referred to in Sections 9119, 9120, 9160, 9162, and 9167 available for public examination in the county elections official’s office for a period of 10 calendar days immediately following the deadline for submission of those materials. Any person may obtain a copy of the materials from the county elections official for use outside of the county elections official’s office. The county elections official may charge a fee to any person obtaining a copy of the material. The fee may not exceed the actual cost incurred by the county elections official in providing the copy.
(b) (1) During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the county elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
(3) The county elections official shall be named as respondent and the person or official who authored the material in question shall be named as real parties in interest. In the case of the county elections official bringing the mandamus or injunctive action, the board of supervisors of the county shall be named as the respondent and the person or official who authored the material in question shall be named as the real party in interest.
(c) (1) If the board of supervisors of the county challenges the qualification or validity of an initiative measure, it shall seek a writ of mandate or an injunction under this section to prohibit the initiative measure from being placed on the ballot. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the initiative measure does not qualify or is not valid for placement on the ballot, and that issuance of the writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.

SEC. 3.

 Section 9295 of the Elections Code is amended to read:

9295.
 (a) The elections official shall make a copy of the material referred to in Sections 9223, 9280, 9281, 9282, and 9285 available for public examination in the elections official’s office for a period of 10 calendar days immediately following the filing deadline for submission of those materials. Any person may obtain a copy of the materials from the elections official for use outside of the elections official’s office. The elections official may charge a fee to any person obtaining a copy of the material. The fee may not exceed the actual cost incurred by the elections official in providing the copy.
(b) (1) During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
(3) The elections official shall be named as respondent, and the person or official who authored the material in question shall be named as real parties in interest. In the case of the elections official bringing the mandamus or injunctive action, the board of supervisors of the county shall be named as the respondent and the person or official who authored the material in question shall be named as the real party in interest.
(c) (1) If the legislative body of the city challenges the qualification or validity of an initiative measure, it shall seek a writ of mandate or an injunction under this section to prohibit the initiative measure from being placed on the ballot. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the initiative measure does not qualify or is not valid for placement on the ballot, and that issuance of the writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.

SEC. 4.

 Section 9380 of the Elections Code is amended to read:

9380.
 (a) The elections official shall make a copy of the materials referred to in Sections 9312, 9315, and 9317 available for public examination in his or her office for a period of 10 calendar days immediately following the filing deadline for submission of those documents. Any person may obtain a copy of the materials from the elections official for use outside of the elections official’s office. The elections official may charge a fee to any person obtaining a copy of the material. The fee may not exceed the actual cost incurred by the elections official in providing the copy.
(b) (1) During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring any material to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
(3) The elections official shall be named as respondent and the person or official who authored the material in question shall be named as real parties in interest. In the case of the elections official bringing the mandamus or injunctive action, the board of supervisors of the county shall be named as the respondent and the person or official who authored the material in question shall be named as the real party in interest.
(c) (1) If the governing board of the district challenges the qualification or validity of an initiative measure, it shall seek a writ of mandate or an injunction under this section to prohibit the initiative measure from being placed on the ballot. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the initiative measure does not qualify or is not valid for placement on the ballot, and that issuance of the writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.

SEC. 5.

 Section 9509 of the Elections Code is amended to read:

9509.
 (a) The elections official shall make a copy of the materials referred to in Sections 9500, 9501, and 9504 available for public examination in his or her office for a period of 10 calendar days immediately following the filing deadline for submission of those documents. Any person may obtain a copy of the materials from the elections official for use outside of the elections official’s office. The elections official may charge a fee to any person obtaining a copy of the material. The fee may not exceed the actual cost incurred by the elections official in providing the copy.
(b) (1) During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.
(3) The elections official shall be named as respondent and the person or official who authored the material in question shall be named as real parties in interest. In the case of the elections official bringing the mandamus or injunctive action, the board of supervisors of the county shall be named as the respondent and the person or official who authored the material in question shall be named as the real party in interest.
(c) (1) If the governing board of the district challenges the qualification or validity of an initiative measure, it shall seek a writ of mandate or an injunction under this section to prohibit the initiative measure from being placed on the ballot. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued pursuant to this subdivision only upon clear and convincing proof that the initiative measure does not qualify or is not valid for placement on the ballot, and that issuance of the writ of mandate or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law.