Bill Text: CA SB1296 | 2011-2012 | Regular Session | Amended

California Senate Bill 1296 (Prior Session Legislation)

Bill Title: Elections: ballot materials.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2012-04-19 - Set, first hearing. Failed passage in committee. (Ayes 2. Noes 3. Page 3233.) [SB1296 Detail]

Download: California-2011-SB1296-Amended.html
BILL NUMBER: SB 1296	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 12, 2012

INTRODUCED BY    Senator   Fuller 
 Senators   Fuller   and La Malfa 
    (   Coauthors:   Senators  
Dutton,   Gaines,   Harman,   Huff, 
 and Runner   ) 
    (   Coauthors:   Assembly Members 
 Jeffries   and Olsen   ) 

                        FEBRUARY 23, 2012

   An act to amend Sections  303, 303.5,  336, 342, 9001,
9002, 9004, 9005, 9006, 9007, 9008, 9009, 9034, 9035,  9044,
 9050, 9051, 9053, 9054, 9063,  9067, 9086, 9087, 
9092,  13262, 13282, and 18602 of,  to add Sections 9045 and
9052 to,  and to repeal  Section  
Sections  9003  and 9042  of, the Elections Code, and
to amend Section 88002 of the Government Code, relating to elections.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1296, as amended, Fuller. Elections: ballot  titles
  materials  .
   Existing law requires the Attorney General, upon receipt of a
draft of a petition for a proposed initiative or referendum, to
prepare a title and summary of the proposed measure. Under existing
law, the Attorney General is required to determine the effect of a
proposed initiative measure on revenues and expenditures of the state
or local government. If the Attorney General determines that a
proposed measure would affect state or local revenues or
expenditures, he or she must include in the title either the estimate
of the amount of change in state or local revenues or costs or an
opinion as to whether a substantial net change in state or local
finances would result if the proposed initiative is adopted. Existing
law requires the Department of Finance and the Joint Legislative
Budget Committee to prepare jointly the fiscal estimate that may be
included in the title. Existing law imposes specified deadlines on
the preparation of a title and summary, and a fiscal estimate.
   This bill would require the Legislative Analyst, instead of the
Attorney General, to prepare the ballot title and summary for all
measures submitted to the voters of the state and would require the
Legislative Analyst, instead of the Department of Finance and the
Joint Legislative Budget Committee, to prepare any fiscal estimate or
opinion required by a proposed initiative measure. The bill would
also change the deadlines applicable to the preparation of a title
and summary and a fiscal estimate or opinion.  The bill would
impose specified requirements with respect to   the ballot
materials required to be prepared by the Legislative Analyst. The
bill would require a court, in determining whether to issue a
peremptory writ of mandate regarding a ballot title and summary,
ballot label, or other ballot   materials prepared by the
Legislative Analyst, to not give deference to the Legislative
Analyst, but rather to be guided by its duty to protect the interest
of the voters to accurate, fair, impartial, and understandable ballot
materials. The bill would repeal a provision of law requiring an
argument against a measure submitted to the voters by the Legislature
to be drafted by a Member of the Legislature and included within the
ballot pamphlet, and would grant priority for placement within the
ballot pamphlet to an argument against the measure submitted by a
voter or group of voters. 
   The bill would make its operation contingent upon the approval by
the voters of SCA  ____   19  of the
2011-12 Regular Session  ,   as provided  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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  
consisting  of the ballot title and  a condensed version of
the  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 of the   Elections
Code   is amended to read: 
   303.5.  (a)  (1)    "Ballot title" is the name
of a statewide measure included in the ballot label and the ballot
title and summary. 
   (2) The ballot title for a statewide initiative, referendum, or
legislative measure that has qualified for the ballot shall be the
proposition number assigned by the Secretary of State to the
initiative, referendum, or legislative measure ("Proposition X").

   (b) "Ballot title and summary" means the  ballot title and 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   The ballot
title and  summary shall not exceed  100  
125  words, not including the fiscal impact statement.
   (c) (1) "Circulating title and summary" means the  text
  title and summary prepared by the Legislative Analyst
pursuant to subdivision (d) of Section 10 of Article II of the
California Constitution and Section 9004 of this code  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. 
   (3) The title for a circulating title and summary shall be a short
statement of the principal subject matter of the proposed initiative
or referendum in the following form:  
   (A) "Proposed initiative (statute/constitutional amendment)
regarding (insert principal subject matter)."  
   (B) "Proposed referendum of statute enacted by the Legislature
regarding (insert principal subject matter)." 
   SECTION 1.   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 Legislative Analyst to the proponents of the proposed measure.

   SEC. 2.   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 Legislative Analyst 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, if publication is not required,
the person or persons who file petitions with the elections official
or legislative body.
   SEC. 3.   SEC. 5.   Section 9001 of the
Elections Code is amended to read:
   9001.  (a) Prior to the circulation of an initiative or referendum
petition for signatures, the text of the proposed measure shall be
submitted to the Legislative Analyst 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 Legislative Analyst 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 Legislative
Analyst, 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
  shall  be submitted to the Legislative Analyst's
Initiative Coordinator located in the Sacramento Legislative Analyst'
s Office via United States Postal Service, alternative mail service,
or personal delivery. Only printed documents will be accepted;
facsimile or email delivery will not be accepted.
   (e) The Legislative Analyst'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. 4.   SEC. 6.   Section 9002 of the
Elections Code is amended to read:
   9002.  (a) The Legislative Analyst shall provide a copy of the
title and summary to the Secretary of State within 30 days after
receipt of the final version of a proposed initiative measure. If
during the 30-day period the proponents of the proposed initiative
measure submit amendments, other than technical, nonsubstantive
amendments, to the final version of the measure, the Legislative
Analyst shall provide a copy of the title and summary to the
Secretary of State within 30 days after receipt of the amendments.
   (b) The amendment  must   shall  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   shall  be
submitted to the Legislative Analyst's Initiative Coordinator located
in the Sacramento Legislative Analyst's Office via United States
Postal Service, alternative mail service, or personal delivery. Only
printed documents will be accepted; facsimile or email delivery will
not be accepted.
   SEC. 5.   SEC. 7.   Section 9003 of the
Elections Code is repealed.
   SEC. 6.   SEC. 8.   Section 9004 of the
Elections Code is amended to read:
   9004.  (a) Upon receipt of the text of a proposed initiative
measure, the Legislative Analyst 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 Legislative Analyst 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) The Legislative Analyst 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 30 days after
receipt of the final version of a proposed initiative measure. 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
Legislative Analyst, 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. 7.   SEC. 9.   Section 9005 of the
Elections Code is amended to read:
   9005.  (a) The Legislative Analyst, 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 shall be completed by the Legislative Analyst
within the period specified in Section 9002, unless, in the opinion
of the Legislative Analyst, a reasonable estimate of the net impact
of the proposed initiative measure cannot be prepared within that
period. In the latter case, the Legislative Analyst shall, within the
period specified in Section 9002, give his or her opinion as to
whether or not a substantial net change in state or local finances
would result if the proposed initiative measure is adopted.
   SEC. 8.   SEC. 10.   Section 9006 of the
Elections Code is amended to read:
   9006.  (a) Upon receipt of the text of a proposed referendum, the
Legislative Analyst 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 Legislative Analyst 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
Legislative Analyst, 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. 9.   SEC. 11.   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
Legislative Analyst 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. 10.   SEC. 12.   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 Legislative Analyst'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 Legislative
Analyst upon each page of the petition on which signatures are to
appear.
   (c) The circulating title and summary prepared by the Legislative
Analyst upon each section of the petition preceding the text of the
measure.
   (d) The circulating title and summary prepared by the Legislative
Analyst as required by subdivision (c) shall be preceded by the
following statement: "Initiative measure to be submitted directly to
the voters."
   SEC. 11.   SEC. 13.  Section 9009 of the
Elections Code is amended 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 Legislative Analyst 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
Legislative Analyst and circulating title and summary prepared by the
Legislative Analyst. Both the Legislative Analyst'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. 12.   SEC. 14.   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 Legislative Analyst 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 the 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. 13.   SEC. 15.   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 California 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
Legislative Analyst.
   SEC. 16.    Section 9042 of the   Elections
Code   is repealed.  
   9042.  If a measure submitted to the voters by the Legislature was
not adopted unanimously, one Member of the Senate who voted against
it shall be appointed by the President pro Tempore of the Senate and
one Member of the Assembly who voted against it shall be appointed by
the Speaker of the Assembly, at the same time as appointments to
draft an argument in its favor are made, to write an argument against
the measure. An argument shall not exceed 500 words.
   If those members appointed to write an argument against the
measure choose, each may write a separate argument opposing it, but
the combined length of the two arguments shall not exceed 500 words.

   SEC. 17.    Section 9044 of the   Elections
Code   is amended to read: 
   9044.  If an argument for  or an argument against
 a measure submitted to the voters by the Legislature has
not been filed by a Member of the Legislature, any voter may request
the Secretary of State's permission to prepare and file an argument
for  either side   the measure  , on which
no argument has been prepared by a Member of the Legislature. The
Secretary of State shall grant permission unless two or more voters
request permission to submit arguments  on the same side of a
  for the measure, in which event the Secretary of
State shall designate one of the voters to write the argument. Any
argument prepared pursuant to this section shall be submitted to the
Secretary of State by a date sufficient to meet ballot printing
deadlines.
   SEC. 18.    Section 9045 is added to the  
Elections Code   , to read:  
   9045.  Any Member of the Legislature who voted against a measure
submitted by the Legislature to the voters, or any voter or group of
voters acting pursuant to Section 9064, may submit an argument
against the measure. If more than one argument against the measure is
submitted, the Secretary of State shall give preference to the
argument submitted by a voter or a group of voters. 
   SEC. 14.   SEC. 19.   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
Legislative Analyst. The Legislative Analyst shall provide and return
to the Secretary of State a ballot title and summary and ballot
label for a measure submitted to the voters of the whole state by a
date sufficient to meet the ballot pamphlet public display deadlines.

   SEC. 15.  SEC. 20.   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   125  words, not
including the  summary of the  fiscal impact  described
in paragraph (2)  .
   (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 of this code 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   consisting of
 the ballot title and  a condensed version of the 
summary including the  financial impact summary prepared
pursuant to Section 9087 of this code and Section 88003 of the
Government Code   summary of the fiscal impact described
in paragraph (2)  .
   (c) In providing the ballot title and summary  and ballot
label  , the Legislative Analyst shall  give 
 meet all of the following requirements: 
    (1)     Give  a true and impartial
statement of the purpose of the measure in  such 
language that  the ballot title and summary shall 
 is  neither  be  an argument, nor 
be  likely to create prejudice, for or against the proposed
measure. 
   (2) Be written in clear and concise terms that will be easily
understood by the average voter, avoiding the use of technical terms
whenever possible.  
   (3) Be written using complete and grammatically correct sentences.
 
   (4) If the measure imposes or increases a tax or fee, the type and
amount of the tax or fee shall be included.  
   (5) If the measure repeals existing law in any substantial manner,
that fact shall be included.  
   (6) If the measure is linked to any other measure or statute, or
another measure or statute is contingent on the enactment of the
measure, the purpose of the linked or contingent measure or statute
shall be included. 
   SEC. 21.    Section 9052 is added to the  
Elections Code   , to read:  
   9052.  Before the submission of the ballot title and summary and
ballot label to the Secretary of State, the Legislative Analyst shall
submit each to the committee described in Section 9087 of this code
and Section 88003 of the Government Code for the purpose of
confirming its impartiality, clarity, and ease of comprehension to
the average voter. The Legislative Analyst shall consider the
committee's recommendations and shall incorporate changes the
Legislative Analyst determines is appropriate. 
   SEC. 16.   SEC. 22.   Section 9053 of
the Elections Code is amended to read:
   9053.  A measure shall be designated on the ballot by the ballot
label certified to the Secretary of State by the Legislative Analyst.

   SEC. 17.   SEC. 23.   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 a 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) 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 the translation of the
ballot label prepared pursuant to this section on the sample ballot
and the official ballot and  may   shall 
not select or contract with another person to provide translations of
the same text.
   SEC. 18.   SEC. 24.   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 Legislative Analyst. The Legislative Counsel Bureau shall
prepare the summary on all other measures.
   SEC. 25.    Section 9067 of the   Elections
Code   is amended to read: 
   9067.  If more than one argument for or more than one argument
against any measure is filed within the time prescribed, the
Secretary of State shall select one of the arguments for printing in
the ballot pamphlets. In selecting the argument the Secretary of
State shall give preference and priority in the order named to the
arguments of the following:
   (a) In the case of a measure submitted by the Legislature, Members
of the Legislature  , if the argument is for the measure  .

   (b) In the case of an initiative or referendum measure, the
proponent of the petition.
   (c) Bona fide associations of citizens.
   (d) Individual voters.
   SEC. 19.   SEC. 26.   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 Legislative Analyst.
   (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) 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.
   (d) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
   (e) 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.
   (f) 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. 20.   SEC. 27.   Section 9087 of
the Elections Code is amended to read:
   9087.  (a) The Legislative Analyst shall prepare an impartial
analysis of the measure describing the measure and including a fiscal
analysis of the measure showing the amount of any increase or
decrease in revenue or cost to state or local government. If it is
estimated that a measure would result in increased cost to the state,
an analysis of the measure's estimated impact on the state shall be
provided, including an estimate of the percentage of the General Fund
that would be expended due to the measure, using visual aids when
appropriate. An estimate of increased cost to the state or local
governments shall be set out in boldface print in the ballot
pamphlet.

            (b) The analysis shall be written in clear and concise
terms, so as to be easily understood by the average voter, and shall
avoid the use of technical terms wherever possible. The analysis may
contain background information, including the effect of the measure
on existing law and the effect of enacted legislation which will
become effective if the measure is adopted, and shall generally set
forth in an impartial manner the information the average voter needs
to adequately understand the measure. To the extent practicable, the
Legislative Analyst shall utilize a uniform method in each analysis
to describe the estimated increase or decrease in revenue or cost of
a measure, so that the average voter may draw comparisons among the
fiscal impacts of measures. The condensed statement of the fiscal
impact summary for the measure prepared by the Legislative Analyst to
appear on the ballot shall contain the uniform estimate of increase
or decrease in revenue or cost of the measure prepared pursuant to
this subdivision.
   (c) The Legislative Analyst may contract with a professional
writer, educational specialist, or another person for assistance in
writing an analysis that fulfills the requirements of this section,
including the requirement that the analysis be written so that it
will be easily understood by the average voter. The Legislative
Analyst may also request the assistance of a state department,
agency, or official in preparing his or her analysis.
   (d) Prior to submitting the analysis to the Secretary of State,
the Legislative Analyst shall submit the analysis to a committee of
five persons, appointed by the Legislative Analyst, for the purpose
of reviewing the analysis to confirm its clarity and easy
comprehension to the average voter. The committee shall be drawn from
the public at large, and one member shall be a specialist in
education, one member shall be bilingual, and one member shall be a
professional writer. Members of the committee shall be reimbursed for
reasonable and necessary expenses incurred in performing their
duties. Within five days of the submission of the analysis to the
committee, the committee shall make recommendations to the
Legislative Analyst as it deems appropriate to guarantee that the
analysis can be easily understood by the average voter. The
Legislative Analyst shall consider the committee's recommendations,
and he or she shall incorporate in the analysis those changes
recommended by the committee that he or she deems to be appropriate.
The Legislative Analyst is solely responsible for determining the
content of the analysis required by this section.
   (e) (1) The title and summary of any measure that appears on the
ballot shall  be amended to  contain a summary of
the Legislative Analyst's estimate of the net state and local
government fiscal impact.
   (2) For state bond measures that are submitted to the voters for
their approval or rejection, the summary of the Legislative Analyst's
estimate described in paragraph (1) shall include an explanatory
table of the information in the summary.
   SEC. 28.    Section 9092 of the   Elections
Code   is amended to read: 
   9092.   (a)    Not less than 20 days before he
or she submits the copy for the ballot pamphlet to the State Printer,
the Secretary of State shall make the copy available for public
examination. Any elector may seek a writ of mandate requiring any
copy to be amended or deleted from the ballot pamphlet. A peremptory
writ of mandate shall issue only upon clear and convincing proof that
the copy in question is false, misleading, or inconsistent with the
requirements of this code or Chapter 8 (commencing with Section
88000) of Title 9 of the Government Code, and that issuance of the
writ will not substantially interfere with the printing and
distribution of the ballot pamphlet as required by law. Venue for a
proceeding under this section shall be exclusively in Sacramento
County. The Secretary of State shall be named as the respondent and
the State Printer and the person or official who authored the copy in
question shall be named as real parties in interest. If the
proceeding is initiated by the Secretary of State, the State Printer
shall be named as the respondent. 
   (b) In determining whether to issue a peremptory writ of mandate
pursuant to this section and Section 88006 of the Government Code
regarding a ballot title and summary, ballot label, or other ballot
materials prepared by the Legislative Analyst, the court shall not
give deference to the Legislative Analyst, but rather shall be guided
by its duty to protect the interest of the voters to accurate, fair,
impartial, and understandable ballot materials. 
   SEC. 21.   SEC. 29.   Section 13262 of
the Elections Code is amended to read:
   13262.  (a) The ballot shall contain the same material as to
candidates and measures, and shall be printed in the same order as
provided for paper ballots, and may be arranged in parallel columns
on one or more ballot cards as required, except that the column in
which the voter marks his or her choices may be at the left of the
names of candidates and the designation of measures.
   (b) If there are a greater number of candidates for an office or
for a party nomination for an office than the number whose names can
be placed on one pair of facing ballot pages, a series of overlaying
pages printed only on the same, single side shall be used, and the
ballot shall be clearly marked to indicate that the list of
candidates for the office is continued on the following page or
pages. If the names of candidates for the office are not required to
be rotated, they shall be rotated by groups of candidates in a manner
so that the name of each candidate shall appear on each page of the
ballot in approximately the same number of precincts as the names of
all other candidates.
   (c) Space shall be provided on the ballot or on a separate
write-in ballot to permit voters to write in names not printed on the
ballot when authorized by law. The size of the voting square and the
spacing of the material may be varied to suit the conditions imposed
by the use of ballot cards, provided the size of the type is not
reduced below the minimum size requirements set forth in Chapter 2
(commencing with Section 13100).
   (d) The statement of measure submitted to the voters may be
abbreviated if necessary on the ballot, if each and every statement
of measures on that ballot is abbreviated. Abbreviation of matters to
be voted on throughout the state shall be composed by the
Legislative Analyst.
   SEC. 22.   SEC. 30.   Section 13282 of
the Elections Code is amended to read:
   13282.  Whenever the Legislative Analyst prepares a ballot label,
the Legislative Analyst 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  of this code and Section 88006 of the Government
Code  . 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. 23.   SEC. 31.   Section 18602 of
the Elections Code is amended to read:
   18602.  A person working for the proponent or proponents of a
statewide initiative or referendum measure who covers or otherwise
obscures the summary of the measure prepared by the Legislative
Analyst from the view of a prospective signer is guilty of a
misdemeanor.
   SEC. 24.  SEC. 32.   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 Legislative Analyst.
   (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) 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.
   (d) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
   (e) 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.
   (f) 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. 25.   SEC. 33.   Sections 1 to
 24   32  , inclusive, of this act shall
become operative only if Senate Constitutional Amendment 
____   19  of the 2011-12 Regular Session is
approved by voters at a statewide general election  ,  
and SCA 19 requires the Legislative Analyst to prepare the ballot
label, and the ballot title and summary, for every measure appearing
on a statewide ballot  .