Bill Text: CA AB421 | 2023-2024 | Regular Session | Amended
Bill Title: Elections: referendum measures.
Spectrum: Partisan Bill (Democrat 33-0)
Status: (Passed) 2023-09-08 - Chaptered by Secretary of State - Chapter 162, Statutes of 2023. [AB421 Detail]
Download: California-2023-AB421-Amended.html
Corrected
May 19, 2023 |
Amended
IN
Assembly
May 18, 2023 |
Amended
IN
Assembly
April 12, 2023 |
Amended
IN
Assembly
March 23, 2023 |
Introduced by Assembly Member Bryan (Coauthors: Assembly Members Addis, Bennett, Berman, (Coauthors: Senators Becker, Blakespear, Gonzalez, Menjivar, Portantino, Smallwood-Cuevas, and Wiener) |
February 02, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
(2)Existing law requires the Attorney General to prepare a circulating title and summary of the chief purposes and points of the proposed measure, as specified. Existing law regulates when a petition for a proposed initiative measure may be circulated. Under existing law, a petition with signatures for a proposed initiative measure must be filed with the county elections official not later than 180 days from the official summary date, as specified.
This bill would require initiative measures that propose to repeal or amend, either directly or indirectly, a statute or portion of a statute enacted by the Legislature, except as specified, that
are submitted to the Attorney General within two years of the statute’s enactment be filed with the county elections official not later than 90 days from the official summary date, as specified. The bill would require the Attorney General to make a determination of whether the proposed initiative measure is required to be filed within this timeframe.
(3)
(4)
(5)
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
This act shall be known, and may be cited, as the Referendum Accountability Act of 2023.SEC. 2.
(a) The Legislature hereby finds and declares all of the following:SEC. 3.
Section 101 of the Elections Code is amended to read:101.
(a) Notwithstanding any other(A)
(B)
SEC. 4.
Section 104 of the Elections Code is amended to read:104.
(a) Wherever any petition or paper is submitted to the elections official, each section of the petition or paper shall have attached to it a declaration signed by the circulator of the petition or paper, setting forth, in the circulator’s own hand, the following:SEC. 5.
Section 107 of the Elections Code is amended to read:107.
(a) (1) A committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or localSEC. 6.
Section 303 of the Elections Code is amended to read:303.
(a) “Ballot label” means that portion of the ballot containing the names of the candidates or a statement of a measure. For statewide measures, except as provided in subdivision (b), the ballot label shall contain a condensed version of the ballot title and summary, including the fiscal impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code, that is no more than 75 words, followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c) of Section 9051.SEC. 7.
Section 303.5 of the Elections Code is amended to read:303.5.
(a) “Ballot title” is the name of a statewide initiative measure or measure proposed by the Legislature, or, in the case of a statewide referendum measure, the question included in the ballot label and the ballot title and summary.If the Attorney General 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, if applicable, shall be prepared by the Legislative Counsel, and the other duties of the Attorney General 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.
(a)Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, 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 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 applicable to the circulating title and summary.
(b)(1)At the time of preparing a circulating title and summary for a proposed initiative measure, the Attorney General shall determine if the measure is a measure described in paragraph (2) of subdivision (b) of Section 9014.
(2)A determination made by the Attorney General pursuant to this subdivision shall not be set aside by a court except upon clear and convincing proof that the determination is in error.
(c)The Attorney General shall provide a copy of the circulating title and summary, its unique numeric identifier, and the determination made pursuant to subdivision (b) 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 Legislative Analyst pursuant to Section 9005. The date the copy is delivered or mailed to the proponents is the “official summary date.”
(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. 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. 10.SEC. 8.
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 theImmediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Attorney General shall forthwith transmit copies of the text of the measure, the circulating title and summary, and the determination made pursuant to subdivision (b) of Section 9004 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.
(a)For a proposed statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, the first page of the petition shall be in substantially the following form and in sans serif type unless otherwise specified:
(1)At the top of the page, in at least 11-point type, include the following:
INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS
OFFICIAL TITLE AND SUMMARY
The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed
measure:
[Here set forth the Attorney General’s unique numeric identifier placed before the circulating title and summary prepared by the Attorney General.]
(2)Next, separated by a blank horizontal line from the text in paragraph (1), shall appear the text “OFFICIAL TOP FUNDERS. Valid:”, followed by the month, date, and year of the top contributors as defined in subdivision (c) of Section 84501 of the Government Code as of the date the petition is printed. If the top contributors change or a new contributor qualifies as a top contributor during petition circulation, disclosure of the top contributors listed on the petition shall be updated to reflect the new top contributors within five business days. This text shall be centered in at least 16-point, boldface type.
(3)(A)Next, separated by a blank horizontal line from the text in paragraph (2), shall appear a disclosure statement in a printed box with a black border.
(B)At the top of the disclosure statement shall appear the text “Petition circulation paid for by” centered in 14-point, boldface type.
(C)Next, centered on a separate horizontal line in at least 14-point type, shall appear the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code or, if the proposed measure is circulated by a committee pursuant to subdivision (b) or (c) of Section 82013 of the Government Code, the name that the committee is required to use on campaign statements pursuant to subdivision (o) of Section 84211 of the Government Code. It shall be followed by a blank horizontal line and then, if the committee has top contributors as defined in subdivision (c) of Section 84501 of the Government Code, the underlined text “Committee major funding from:” shall appear centered in at least 14-point type.
(D)The top contributors, if any, shall each be centered in at least 14-point, boldface type on a separate horizontal line separate from any other text, in descending order, beginning with the top contributor who made the largest cumulative contributions, as defined in subdivision (b) of Section 84501 of the Government Code, on the first line.
(E)Next, separated by a blank horizontal line, the following line shall include the text “Latest Official Top Funders:” followed by either (i) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements or (ii) an internet website created or maintained by the committee that prominently includes the information required by this section and a prominent link to the full text of the initiative measure. This text shall appear centered in at least 14-point type.
(4)Next, separated by a blank horizontal line from the bottom of the border, the disclosure statements required by subdivision (b) of Section 101 in at least 11-point type.
(5)Next, separated by a blank horizontal line from the text in paragraph (4), the portion of the petition for voters’ signatures, printed names, and residence addresses and the declaration of circulator shall be printed as provided in Sections 100, 104, and 9020 in at least 8-point type.
(6)The petition section number described in subdivision (b) of Section 9028 shall be included anywhere on the first page of every petition section in at least 8-point type.
(b)Notwithstanding any other law, the portion of the petition for voters’ signatures, printed names, and residence addresses shall appear only on the first page of a petition for a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014.
(c)Notwithstanding subdivision (g) or (h) of Section 107, signatures collected on a petition for a proposed statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014 shall be invalid and not counted for purposes of determining whether the measure qualifies for the ballot if the information required by this section is absent or
inaccurate, if the date a petition was signed by a voter is not included or is more than five business days after the date of a change in the top contributors, or if the voter does not include their initials as required by paragraph (2) of subdivision (b) of Section 9020.
SEC. 13.SEC. 9.
Section 9010 of the Elections Code is amended to read:9010.
(a) For a proposed statewide referendum measure, the first page of the petition shall be in substantially the following form and in sans serif type unless otherwise specified:(b)
(c)
SEC. 14.SEC. 10.
Section 9012 of the Elections Code is amended to read:9012.
(a) Any petition for a proposed initiative measure or referendum may be presented in sections, but each section shall contain a full and correct copy of the circulating title and summary and text of the proposed measure. The text of the proposed measure shall be printed in type not smaller than 8 point.(a)A petition for a proposed initiative or referendum measure shall not be circulated for signatures prior to the official summary date.
(b)(1)Subject to subdivision (d), and except as provided in paragraph (2), a petition with signatures for a proposed initiative measure shall be filed with the county elections official not later than 180 days from the official summary date, and a county elections official shall not accept a petition for the proposed initiative measure after that period.
(2)(A)For a proposed initiative measure described in subparagraph (B), a petition with signatures for the measure shall be filed with the county elections official not later than 90 days from the official summary date, subject to subdivision (d), and a county elections official shall not accept a petition for the proposed initiative measure after that period.
(B)This paragraph shall apply to either of the following:
(i)An initiative measure that proposes to repeal, either directly or indirectly, a statute or a portion of a statute enacted by the Legislature, other than a statute described in paragraph (3) of subdivision (c) of Section 8 of, or paragraph (1) of subdivision (e) of Section 12 of, Article IV of the California Constitution, as determined by the Attorney General pursuant to subdivision (b) of Section 9004, if the initiative measure is submitted to the Attorney General for a circulating title and summary within two years of the January 1 next following the enactment date of the statute.
(ii)An initiative measure that proposes to amend, either directly or indirectly, a statute or a portion of a statute enacted by the Legislature, other than a statute described in paragraph (3) of subdivision (c) of Section 8 of, or paragraph (1) of subdivision (e) of Section 12 of, Article IV of the California Constitution, in a manner that does not further the purposes of the statute, as determined by the Attorney General pursuant to subdivision (b) of Section 9004, if the initiative measure is submitted to the Attorney General for a circulating title and summary within two years of the January 1 next following the enactment date of the statute.
(c)Subject to subdivision (d), a petition for a proposed referendum measure shall be filed with the county elections official not later than 90 days from the date the legislative bill was chaptered by the Secretary of State, and a county elections official shall not accept a petition for the proposed referendum measure after that period.
(d)If the last day to file a petition pursuant to subdivision (b) or (c) is a holiday, as defined in Chapter 7 (commencing with Section 6700) of Division 7 of Title 1 of the Government Code, the petition may be filed with the county elections official on the next business day.
SEC. 16.SEC. 11.
Section 9020 of the Elections Code is amended to read:9020.
(a) The petition sections shall be designed so that each signer shall personally affix all of the following:SEC. 17.SEC. 12.
Section 9023 is added to the Elections Code, to read:9023.
In addition to the information required by Sections 104 and 9022, the declaration of a person who solicits signatures for a proposed statewide referendum measureSEC. 18.SEC. 13.
Article 2.5 (commencing with Section 9025) is added to Chapter 1 of Division 9 of the Elections Code, to read:Article 2.5. Petition Circulator Accountability
9025.
(a) This article shall be known and may be cited as the California Petition Circulator Accountability Act of 2023.9026.
The Secretary of State shall design and administer a training program for referendum petition circulators that includes training regarding the petition circulator registration requirements described in Section 9027 and the laws that govern referendum petition circulation, including acts that constitute prohibited conduct for circulators during the signature collection and petition filing process. The training program administered by the Secretary of State shall be no longer than two hours in length and may consist entirely of a computer-based, online, interactive training module. The training program shall be accessible at no charge to petition circulators at the offices of every county elections official.9027.
(a) A petition circulator required to register pursuant to this article shall not(7)A photograph of the applicant taken within the previous 90 days.
(2)A circulator shall amend the circulator’s registration to identify any measure for which the circulator is gathering signatures that was not identified in the circulator’s initial registration for that election cycle.
(1)The circulator or person is convicted of a criminal offense involving fraud, forgery, or identity theft in any jurisdiction.
(2)A petition circulator required to register under this section as a paid circulator shall comply with the requirements of this section with respect to any other statewide measure for which the circulator gathers signatures during the same election cycle, including any measure for which the circulator is not paid to gather signatures. If a petition circulator fails to comply with this paragraph for any measure, signatures gathered by the circulator for that measure shall not be counted for purposes of determining if the measure qualifies for the ballot.
9028.
(a) The Secretary of State shall prescribe a system for numbering the sections of aSEC. 19.SEC. 14.
Section 9030 of the Elections Code is amended to read:9030.
(a) Each section of the petition shall be filed with the elections official of the county or city and county for which it was circulated, but all sections circulated in any county or city and county shall be filed at the same time. Once filed, no petition section shall be amended except by order of a court of competent jurisdiction.SEC. 20.SEC. 15.
Section 9031 of the Elections Code is amended to read:9031.
(a) (1) If the statistical sampling shows that the number of valid signatures on all petition sections, including those submitted to satisfy the requirement in paragraph (2) of subdivision (a) of Section 9036, is within 95 to 110 percent of the number of signatures of qualified voters needed to declare the petition sufficient, the Secretary of State shall order the examination and verification of each signature filed, and shall so notify the elections officials.(2)The examination of signatures that are submitted to satisfy subdivision (a) of Section 9036 shall be made pursuant to subdivision (g) of that section.
(a)The proponents of a proposed initiative measure shall submit a certification, signed under penalty of perjury, to the Secretary of State immediately upon the collection of 25 percent of the number of signatures needed to qualify the initiative measure for the ballot.
(b)Upon the receipt of the certification required by subdivision (a), the Secretary of State shall transmit copies of the initiative measure, the circulating title and summary as prepared by the Attorney General pursuant to Section 9004, and the determination made by the Attorney General pursuant to subdivision (b) of 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 not later than 131 days before the date of the election at which the measure is to be voted upon.
(c)This section shall not be construed as authority for the Legislature to alter the initiative measure or prevent it from appearing on the ballot.
SEC. 22.SEC. 16.
Section 9036 is added to the Elections Code, to read:(a)For a petition for a proposed statewide referendum measure or a statewide initiative measure described in paragraph (2) of subdivision (b) of Section 9014, at least 10 percent of the signatures required under Section 9035 shall be presented on a petition or section of a petition that was circulated by a person who does not receive money or other valuable consideration primarily for the specific purpose of soliciting signatures of electors on the petition.
(b)(1)A person who is an employee or individual member of a nonprofit organization, other than an organization with the primary purpose of soliciting signatures on ballot measure petitions, who
receives money or other valuable consideration from the organization and as part of that employment or membership solicits signatures for the qualification of a proposed statewide referendum measure or a statewide initiative measure does not receive money or other valuable consideration for purposes of subdivision (a) unless the primary purpose of their employment or membership is to solicit signatures on a ballot measure petition.
(2)For purposes of this subdivision, “member” means any of the following:
(A)An individual who, pursuant to a specific provision of a nonprofit organization’s articles of incorporation or bylaws, has the right to vote for a director or directors, or an officer or officers, or on a disposition of all, or substantially all, of the assets of the organization, or on a merger or a dissolution.
(B)An individual who is designated in a nonprofit organization’s articles of incorporation or bylaws as a member and, pursuant to a specific provision of the articles of incorporation or bylaws, has the right to vote on amendments to the articles of incorporation or bylaws.
(C)An individual who pays or has paid membership dues in an amount predetermined by the nonprofit organization, provided the organization is tax exempt under Section 501(c) of the Internal Revenue Code.
(D)An individual, director, or officer of the nonprofit organization.
(3)For purposes of this subdivision, a person is not a member of a nonprofit organization solely by virtue of being on its mailing or contact list.
(4)For purposes of this subdivision, whether a nonprofit organization, or a member or employee of a nonprofit organization, has the primary purpose of soliciting signatures on a ballot measure petition shall be determined based on the totality of the circumstances.
(c)(1)Signatures on a ballot measure petition that are solicited through direct mail do not count towards the number of signatures needed to satisfy the requirement of subdivision (a) if the person soliciting the signatures through direct mail, or any other person who organizes, pays for, or arranges for the direct mail, receives money or other valuable consideration primarily for the purpose of soliciting signatures of electors on the
petition.
(d)This section shall not be construed to preclude a person who receives nominal benefits, such as food, transportation, or lodging, from qualifying under this section as a person who does not receive money or other valuable consideration exclusively or primarily for the specific purpose of soliciting signatures of electors on a petition for a proposed ballot measure.
9036.
(a) (1) Except as provided in paragraph (2), it is unlawful for a person to pay money or other valuable consideration based on the number of signatures obtained in connection with the circulation of a petition for a statewide referendum measure.(e)(f)A signature on any petition circulated by a petition circulator required to be registered pursuant to Section 9027 shall not count toward the number of signatures needed to satisfy the requirements set forth in subdivision (a).
SEC. 23.SEC. 17.
Section 9037 is added to the Elections Code, to read:9037.
(a)SEC. 24.SEC. 18.
Section 9050 of the Elections Code is amended to read:9050.
(a) 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 Attorney General. The Attorney General shall provide and return to the Secretary of State a ballot title andSEC. 25.SEC. 19.
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 statement.(A)After the text “TOP 3 FUNDERS TO KEEP THE LAW:” a listing of the top contributors, as defined in subdivision (c) of Section 84501 of the Government Code, to the committee making the most cumulative expenditures to keep the law as of the date the measure qualified for the ballot. The list of top contributors shall not exceed 125 characters in length. Each top contributor shall be separated by a semicolon.
(B)After the text “TOP 3 FUNDERS TO OVERTURN THE LAW:” a listing of the top contributors, as defined in subdivision (c) of Section 84501 of the Government Code, to the committee making the most cumulative expenditures to overturn the law as of the date the measure qualified for the ballot. The list of top contributors shall not exceed 125 characters in length. Each top contributor shall be separated by a semicolon.
(C)
(D)
(E)
(F)
(G)
SEC. 26.SEC. 20.
Section 13120 of the Elections Code is amended to read:13120.
(a) The ballots used when voting upon a county, city, or district 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 ordinance (stating the nature thereof, including any identifying number or title) be adopted?” Opposite the statement of the ordinance to be voted on and to its right, or immediately below if there is not sufficient space opposite the statement of the 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 adoption of the ordinance. If the voter marks the voting target next to the printed word “No,” the voter’s vote shall be counted against its adoption.SEC. 27.SEC. 21.
Section 13247 of the Elections Code is amended to read:13247.
The statement of all measures submitted to the voters shall be abbreviated on the ballot in a ballot label as provided for in Section 9051. The ballot label shall be followed by the words, “Yes” and “No”, except for a statewide referendum measure. The ballot label for a statewide referendum measure shall be followed by the words, “Keep the law” and “Overturn theSEC. 28.SEC. 22.
The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.SEC. 29.SEC. 23.
SEC. 24.
Any judicial action or proceeding to challenge, review, set aside, void, or annul the provisions of this act, or any portion of this act, may proceed only by application or complaint filed in a court of competent jurisdiction within 45 days of the effective date of this act. The action or proceeding, or any appeal therefrom, shall be given precedence on the court’s docket and shall have priority over all other civil matters. Any relief granted by a court shall not interfere with the conduct of the November 5, 2024, statewide general election, and in no event shall relief be granted after the 88th day preceding that election.SEC. 30.SEC. 25.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.CORRECTIONS:
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