BILL NUMBER: AB 753 CHAPTERED
BILL TEXT
CHAPTER 373
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 4, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN SENATE JULY 23, 2009
AMENDED IN SENATE JUNE 9, 2009
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Adams
FEBRUARY 26, 2009
An act to amend Sections 303, 336, 342, 9003, 9004, 9005, 9007,
9008, 9034, 9035, 9050, 9053, 9054, 9063, 13247, and 13282 of, to add
Sections 303.5, 9016, 9017, and 9018 to, to repeal Sections 9052,
13280, and 13281 of, and to repeal and add Sections 9001, 9002, 9006,
9009, 9012, 9013, 9014, 9015, and 9051 of, the Elections Code,
relating to elections.
LEGISLATIVE COUNSEL'S DIGEST
AB 753, Adams. Ballot titles and labels.
Existing law generally requires the Attorney General to provide a
ballot title for each measure to be submitted to the voters at a
statewide election. The Attorney General is required to prepare a
summary of the chief purposes and points of a statewide ballot
measure as part of the ballot title and return the measure with the
ballot title and summary to the Secretary of State. Upon receipt of
the ballot title and summary, the Secretary of State is required to
send notification of the filing deadline and the certification
deadline to the proponents of the measure and to the county elections
official.
This bill would revise the provisions relating to the duties of
the Attorney General and Secretary of State regarding state ballot
measures and the provisions relating to proponents of a ballot
measure. The bill would add and revise related definitions.
This bill would incorporate changes made by AB 894 that would
become operative only if both bills are enacted and this bill is
enacted after AB 894.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 303 of the Elections Code is amended to read:
303. "Ballot label" means that portion of the ballot containing
the names of the candidates or a statement of a measure. For
statewide measures, the ballot label shall contain no more than 75
words and shall be 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.
SEC. 2. Section 303.5 is added to the Elections Code, to read:
303.5. (a) "Ballot title" is the name of a statewide measure
included in the ballot label and the ballot title and summary.
(b) "Ballot title and summary" means the summary of the chief
purpose and points including the fiscal impact summary of any measure
that appears in the state ballot pamphlet. The ballot title and
summary shall include a statement of the measure's fiscal impact.
This summary shall not exceed 100 words, not including the fiscal
impact statement.
(c) (1) "Circulating title and summary" means the text that is
required to be placed on a petition for signatures that is either one
of the following:
(A) The summary of the chief purpose and points of a proposed
initiative measure that affects the Constitution or laws of the
state, and the fiscal impact of the proposed initiative measure.
(B) The summary of the chief purpose and points of a referendum
measure that affects a law or laws of the state.
(2) The circulating title and summary shall not exceed 100 words,
not including the fiscal impact summary.
SEC. 3. 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 Attorney General to the proponents of the proposed measure.
SEC. 4. 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 Attorney General 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, where publication is not
required, who file petitions with the elections official or
legislative body.
SEC. 5. Section 9001 of the Elections Code is repealed.
SEC. 6. Section 9001 is added to the Elections Code, to read:
9001. (a) Prior to the circulation of any initiative or
referendum petition for signatures, the text of the proposed measure
shall be submitted to the Attorney General 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 Attorney General
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 Attorney General,
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 Attorney General's Initiative Coordinator located in
the Sacramento Attorney General's Office via U.S. 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 Attorney General'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. 7. Section 9002 of the Elections Code is repealed.
SEC. 8. Section 9002 is added to the Elections Code, to read:
9002. (a) The Attorney General shall provide a copy of the title
and summary 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 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 period the proponents of the
proposed initiative measure submit amendments, other than technical,
nonsubstantive amendments, to the final version of the measure, the
Attorney General shall provide a copy of the title and summary to the
Secretary of State within 15 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 Attorney General's
Initiative Coordinator located in the Sacramento Attorney General's
Office via U.S. Postal Service, alternative mail service or personal
delivery. Only printed documents will be accepted, facsimile or
e-mail delivery will not be accepted.
SEC. 9. Section 9003 of the Elections Code is amended to read:
9003. In the event that 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, 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.
SEC. 10. 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 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 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 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
fiscal estimate or opinion prepared by the Department of Finance and
the Joint Legislative Budget Committee 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
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. 11. Section 9005 of the Elections Code is amended to read:
9005. (a) The Attorney General, in preparing a circulating title
and summary for a proposed initiative measure, shall 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.
(b) The estimate as required by this section shall be made jointly
by the Department of Finance and the Joint Legislative Budget
Committee, who shall deliver the estimate to the Attorney General so
that he or she may include the estimate in the circulating title and
summary prepared by him or her.
(c) The estimate shall be delivered to the Attorney General within
25 working days from the date of receipt of the final version of the
proposed initiative measure from the Attorney General, unless in the
opinion of both the Department of Finance and the Joint Legislative
Budget Committee a reasonable estimate of the net impact of the
proposed initiative measure cannot be prepared within the 25-day
period. In the latter case, the Department of Finance and the Joint
Legislative Budget Committee shall, within the 25-day period, give
the Attorney General their opinion as to whether or not a substantial
net change in state or local finances would result if the proposed
initiative measure is adopted.
(d) Any statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and the
Joint Legislative Budget Committee in the preparation of the fiscal
estimate or the opinion.
SEC. 11.5. Section 9005 of the Elections Code is amended to read:
9005. (a) The Attorney General, 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.
(b) The estimate as required by this section shall be made jointly
by the Department of Finance and the Joint Legislative Budget
Committee, who shall deliver the estimate to the Attorney General so
that he or she may include the estimate in the circulating title and
summary prepared by him or her.
(c) The estimate shall be delivered to the Attorney General within
25 working days from the date of receipt of the final version of the
proposed initiative measure from the Attorney General, unless, in
the opinion of both the Department of Finance and the Joint
Legislative Budget Committee, a reasonable estimate of the net impact
of the proposed initiative measure cannot be prepared within the
25-day period. In the latter case, the Department of Finance and the
Joint Legislative Budget Committee shall, within the 25-day period,
give the Attorney General their opinion as to whether or not a
substantial net change in state or local finances would result if the
proposed initiative measure is adopted.
(d) A statement of fiscal impact prepared by the Legislative
Analyst pursuant to subdivision (b) of Section 12172 of the
Government Code may be used by the Department of Finance and the
Joint Legislative Budget Committee in the preparation of the fiscal
estimate or the opinion.
SEC. 12. Section 9006 of the Elections Code is repealed.
SEC. 13. Section 9006 is added to the Elections Code, 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 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 Attorney General 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
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. 14. 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
Attorney General 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. 15. 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 Attorney General'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 Attorney
General upon each page of the petition on which signatures are to
appear.
(c) The circulating title and summary prepared by the Attorney
General upon each section of the petition preceding the text of the
measure.
(d) The circulating title and summary prepared by the Attorney
General as required by subdivision (c) shall be preceded by the
following statement: "Initiative measure to be submitted directly to
the voters."
SEC. 16. Section 9009 of the Elections Code is repealed.
SEC. 17. Section 9009 is added to the Elections Code, 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 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 unique numeric identifier provided by the
Attorney General and circulating title and summary prepared by the
Attorney General. Both the Attorney General'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. 18. Section 9012 of the Elections Code is repealed.
SEC. 19. Section 9012 is added to the Elections Code, to read:
9012. 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.
SEC. 20. Section 9013 of the Elections Code is repealed.
SEC. 21. Section 9013 is added to the Elections Code, to read:
9013. A space at least one inch wide shall be left blank across
the top of each page of every initiative and referendum petition and
after the name of each voter who has signed the petition for the use
of the county elections official in verifying the petition.
SEC. 22. Section 9014 of the Elections Code is repealed.
SEC. 23. Section 9014 is added to the Elections Code, to read:
9014. A petition for a proposed initiative measure or referendum
shall not be circulated for signatures prior to the official summary
date. A petition with signatures on a proposed initiative measure
shall be filed with the county elections official not later than 150
days from the official summary date, and no county elections official
shall accept a petition on the proposed initiative measure after
that period. A petition for a proposed referendum measure shall be
filed with the county elections officials 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 after that period.
SEC. 24. Section 9015 of the Elections Code is repealed.
SEC. 25. Section 9015 is added to the Elections Code, to read:
9015. Officers required by law to receive or file in their
offices any initiative or referendum petition shall not receive or
file any initiative or referendum petition not in conformity with
this article.
SEC. 26. Section 9016 is added to the Elections Code, to read:
9016. Notwithstanding any other provision of law, no initiative
measure shall be placed on a statewide special election ballot that
qualifies less than 131 days before the date of the election.
SEC. 27. Section 9017 is added to the Elections Code, to read:
9017. If, for any reason, any initiative or referendum measure
proposed by petition as provided by this article is not submitted to
the voters at the next succeeding statewide election, that failure
shall not prevent its submission at a succeeding statewide election.
SEC. 28. Section 9018 is added to the Elections Code, to read:
9018. The Secretary of State shall prepare and provide to any
person, upon request, a pamphlet describing the procedures and
requirements for preparing and circulating a statewide initiative
measure and for filing sections of the petition, and describing the
procedure used in determining and verifying the number of qualified
voters who have signed the petition.
SEC. 29. 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 Attorney General 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 such 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. 30. 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 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
Attorney General.
SEC. 31. 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
Attorney General. The Attorney General shall provide and return to
the Secretary of State a ballot title and summary and ballot label
for each measure submitted to the voters of the whole state by a date
sufficient to meet the ballot pamphlet public display deadlines.
SEC. 32. Section 9051 of the Elections Code is repealed.
SEC. 33. Section 9051 is added to the Elections Code, 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, 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 and
Section 88003 of the Government Code.
(c) In providing the ballot title and summary, the Attorney
General 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. 34. Section 9052 of the Elections Code is repealed.
SEC. 35. Section 9053 of the Elections Code is amended to read:
9053. Each measure shall be designated on the ballot by the
ballot label certified to the Secretary of State by the Attorney
General.
SEC. 36. 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 each 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) All 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 that translation of the
ballot label 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. 37. 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 Attorney General. The Legislative Counsel Bureau shall prepare
the summary on all other measures.
SEC. 38. 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."
SEC. 39. Section 13280 of the Elections Code is repealed.
SEC. 40. Section 13281 of the Elections Code is repealed.
SEC. 41. Section 13282 of the Elections Code is amended to read:
13282. Whenever the Attorney General prepares a ballot label, the
Attorney General 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. 42. Section 11.5 of this bill incorporates amendments to
Section 9005 of the Elections Code proposed by both this bill and AB
894. It shall only become operative if (1) both bills are enacted and
become effective on or before January 1, 2010, (2) each bill amends
Section 9005 of the Elections Code, and (3) this bill is enacted
after AB 894, in which case Section 11 of this bill shall not become
operative.