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SB-443 Referendum measures.(2021-2022)



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SB443:v98#DOCUMENT

Amended  IN  Senate  April 12, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 443


Introduced by Senator Newman Hertzberg

February 16, 2021


An act to amend Sections 1002 and 5019.5 of the Education Code, to amend Sections 21500, 21601, 21609, 21621, 21629, and 22000 of, and to add Sections 10650.1, 21601.1, and 21621.1 to, 13115 and 13120 of the Elections Code, relating to elections.


LEGISLATIVE COUNSEL'S DIGEST


SB 443, as amended, Newman Hertzberg. Elections: redistricting. Referendum measures.
(1) Existing law specifies the order in which statewide ballot measures are required to appear on the ballot, with referendum measures required to be last after all initiative measures.
This bill would instead require initiative and referendum measures to appear in the order in which they qualify for the ballot.
(2) The California Constitution provides that the electors may approve or reject a statute by referendum. Senate Constitutional Amendment 1 of the 2021–22 Regular Session, if approved by the voters, would require that the ballot for a referendum measure provide that a “Yes” vote is in favor of the referendum and rejects the statute or part of the statute subject to the referendum, and a “No” vote is against the referendum and approves the statute or part of the statute subject to the referendum, thus requiring a majority vote in favor of the referendum to reject the statute or part of the statute subject to the referendum.
This bill would make conforming statutory changes contingent on the approval of the voters of SCA 1 of the 2021–22 Regular Session.

The California Constitution establishes an hierarchy of criteria for establishing or adjusting districts for the Senate, Assembly, Congress, and State Board of Equalization. Existing law establishes separate criteria for establishing or adjusting district boundaries for the members of the governing body of a county board of education, school district, community college district, special district, city, or county.

This bill would make the criteria for the district boundaries of these political subdivisions consistent with the criteria for Senate, Assembly, Congress, and State Board of Equalization districts established under the Constitution. This bill would make related technical and conforming changes.

The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

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


SECTION 1.

 Section 13115 of the Elections Code is amended to read:

13115.
 The order in which all state measures that are to be submitted to the voters shall appear on the ballot is as follows:
(a) Bond measures, including those proposed by initiative, in the order in which they qualify.
(b) Constitutional amendments, including those proposed by initiative, in the order in which they qualify.
(c) Legislative measures, other than those described in subdivision (a) or (b), in the order in which they are approved by the Legislature.
(d) Initiative and referendum measures, other than those described in subdivision (a) or (b), in the order in which they qualify.

(e)Referendum measures, in the order in which they qualify.

SEC. 2.

 Section 13120 of the Elections Code is amended to read:

13120.
 The ballots used when voting upon a state, county, city, or district statute or ordinance referred to the voters of the respective jurisdiction as a referendum measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words “Shall the statute (or ordinance) (stating the nature thereof, including any identifying number or title) be rejected or adopted?” Opposite the statement of the statute or ordinance to be voted on and to its right, or immediately below if there is not sufficient space opposite the statement or ordinance and to its right, the words “Yes” and “No” shall be printed on separate lines, with voting targets. If a voter marks the voting target next to the printed word “Yes,” the voter’s vote shall be counted in favor of the referendum and against adoption of the ordinance or statute. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption. against the referendum and in favor of adoption of the ordinance or statute.

SEC. 3.

 Section 2 of this act shall become operative only if SCA 1 of the 2021–22 Regular Session is approved by the voters.