Bill Text: CA SB858 | 2023-2024 | Regular Session | Amended

California Senate Bill 858

Bill Title: Initiative and referendum measures: title and summary.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB858 Detail]

Download: California-2023-SB858-Amended.html

Amended IN Senate August 29, 2023

Amended IN Senate March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 858

Introduced by Senator Niello
(Coauthors: Senators Seyarto and Wilk)

February 17, 2023

An act to amend and repeal Section 9003 of, and to amend, repeal, and add Sections 107, 336, 342, 9001, 9002, 9004, 9005, 9006, 9007, 9008, 9009, 9034, 9035, 9050, 9051, 9063, 9086, 9087, 13262, 13282, and 18602 of, the Elections Code, and to amend, repeal, and add Section 88002 of the Government Code, relating to ~~elections.~~ elections, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE COUNSEL'S DIGEST

SB 858, as amended, Niello. Initiative and referendum measures: title and summary.

Existing law requires the Attorney General, upon receipt of the text of a proposed initiative or referendum measure, to prepare a circulating title and summary of the chief purposes and points of the proposed measure that includes an estimate of the financial impact of the proposed measure. Existing law requires the Attorney General to prepare a ballot title and summary for each measure that the Secretary of State determines will appear on the ballot at a statewide election.

This bill would instead require the Legislative Analyst to carry out these responsibilities. The bill would make the operation of this requirement contingent upon approval by the voters of SCA 3 of the 2023–24 Regular Session.

This bill would declare that it is to take effect immediately as an urgency statute.

Vote: ~~MAJORITY~~2/3 Appropriation: NO Fiscal Committee: YES Local Program: NO

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

SECTION 1.

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 local initiative, referendum, or recall petition shall create an Official Top Funders sheet as follows, with all text in a black roman type with a type size of 14 point on a plain, contrasting background, and centered horizontally, except as described below. None of the text shall have its type condensed or have the spacing between characters reduced to be narrower than a normal roman type. Unless otherwise specified, the text shall not be boldface.

(2) At the top of the sheet shall appear the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. This text shall be boldface and with a type size of at least 16 point.

(3) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear the title of the initiative, referendum, or recall as it appears on the petition, in all capital letters.

(4) (A) Next, separated by a blank horizontal line from the text in paragraph (3), shall appear a disclosure statement in a printed or drawn box with a black border.

(B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” in boldface text.

(C) Next, on a separate horizontal line, 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. If the committee has any top contributors as defined in subdivision (c) of Section 84501 of the Government Code, it shall be followed by a blank horizontal line and then the underlined text “Committee major funding from:”.

(D) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface text 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) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text pursuant to this subparagraph shall be separated from the text above and below it by a blank horizontal line.

(F) 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 that are reported pursuant to subdivision (f), or (ii) the internet website described in subdivision (c).

(5) If the petition is a state initiative petition, next, separated by at least two blank horizontal lines from the disclosures of paragraphs (4) and (5), shall appear the text “OFFICIAL TITLE AND SUMMARY (SAME AS ON PETITION)”, in boldface text in all capital letters.

(6) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the text “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”, in boldface text with a type size of 11 point.

(7) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the Attorney General summary of the initiative as it appears on the initiative petition, in plain text with a type size of 11 point.

(b) Notwithstanding any other law, a state or local initiative, referendum, or recall petition that requires voter signatures and for which the circulation is paid for by a committee formed pursuant to Section 82013 of the Government Code shall either include a disclosure statement on the petition that is displayed as follows or the circulator for the petition shall present as a separate document the Official Top Funders sheet described in subdivision (a) to a prospective signer of the petition.

(1) The disclosure statement shall have a solid white background and shall be in a printed or drawn box with a black border and shall appear before that portion of the petition for voters’ signatures, printed names, and residence addresses. The text in the disclosure area shall be in a black Arial equivalent type with a type size of at least 10 point, with all lines centered horizontally in the disclosure area.

(2) The top of the disclosure shall include the text “OFFICIAL TOP FUNDERS. Valid only for”, followed by a month and year that starts at most seven days after the date the top contributors as defined in subdivision (c) of Section 84501 of the Government Code were last confirmed. The text of this paragraph shall be boldface.

(3) Next shall appear, on a separate horizontal line, the text “Petition circulation paid for by”, followed by the name of the committee as it appears on the most recent Statement of Organization filed pursuant to Section 84101 of the Government Code. If the committee has any top contributors as defined in subdivision (c) of Section 84501 of the Government Code, it shall be followed by, on a separate horizontal line, the underlined text “Committee major funding from:”.

(4) The top contributors as defined in subdivision (c) of Section 84501 of the Government Code, if any, shall each be disclosed in boldface text 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.

(5) The committee, in its discretion, may include the underlined text “Endorsed by:”, followed by a list, not underlined, of up to three endorsers. The text in this paragraph shall be separated from the text above and below it by a blank horizontal line.

(6) The following line shall include the text “Latest info:” followed by the URL for either (A) the internet web page on the Secretary of State’s internet website that lists the “Official Top Funders” statements that are reported pursuant to subdivision (f), or (B) the internet website described in subdivision (c). The text specified in this paragraph shall be underlined.

(c) Any committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition may create a page on an internet website that includes both of the following:

(1) A prominent link to the most recent Official Top Funders sheet as described in subdivision (a). The Official Top Funders sheet that the page links to shall be in a format that allows it to be viewed on an internet website and printed out on a single page of paper.

(2) A prominent link to the full text of the initiative or referendum.

(d) The disclosure of a top contributor or endorser pursuant to this section need not include terms such as “incorporated,” “committee,” “political action committee,” or “corporation,” or abbreviations of these terms, unless the term is part of the contributor’s or endorser’s name in common usage or parlance.

(e) If this section requires the disclosure of the name of a top contributor that is a committee pursuant to subdivision (a) of Section 82013 of the Government Code and is a sponsored committee pursuant to Section 82048.7 of the Government Code with a single sponsor, only the name of the single sponsoring organization shall be disclosed.

(f) A committee that circulates a state initiative, referendum, or recall petition shall submit the Official Top Funders sheet required by subdivision (a), and any updates to that statement, to the Secretary of State, who shall post that statement on the Secretary of State’s internet website along with the previous versions the committee submitted.

(g) This section does not require a local elections official to verify the accuracy of the information required by this section or to re-approve the petition upon any updates the committee makes.

(h) Signatures collected on an initiative, referendum, or recall petition are not invalid solely because the information required by this section was absent or inaccurate.

(i) For purposes of this section, “endorser” means:

(1) A business that has been in existence for at least two years and has had at least one full-time staffer during that period.

(2) A non-profit organization that was not originally created for the purposes of serving as a committee, that has been in existence for at least two years, and either has received contributions from more than 50 donors in that period or has had at least one full-time staffer during that period.

(3) A political party.

(4) An individual, whose name may include their title if they are an elected official or represent one of the organizations described in paragraph (1), (2), or (3).

(j) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 2.

Section 107 is added to the Elections Code, to read:

107.

(3) Next, separated by a blank horizontal line from the text in paragraph (2), shall appear the title of the initiative, referendum, or recall as it appears on the petition, in all capital letters.

(4) (A) Next, separated by a blank horizontal line from the text in paragraph (3), shall appear a disclosure statement in a printed or drawn box with a black border.

(B) At the top of the disclosure statement shall appear the text “Petition circulation paid for by” in boldface text.

(6) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the text “The Legislative Analyst has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”, in boldface text with a type size of 11 point.

(7) If the petition is a state initiative petition, next, starting on a separate horizontal line, shall appear the Legislative Analyst summary of the initiative as it appears on the initiative petition, in plain text with a type size of 11 point.

(2) A prominent link to the full text of the initiative or referendum.

(g) This section does not require a local elections official to verify the accuracy of the information required by this section or to re-approve the petition upon any updates the committee makes.

(h) Signatures collected on an initiative, referendum, or recall petition are not invalid solely because the information required by this section was absent or inaccurate.

(i) For purposes of this section, “endorser” means:

(1) A business that has been in existence for at least two years and has had at least one full-time staffer during that period.

(3) A political party.

(4) An individual, whose name may include their title if they are an elected official or represent one of the organizations described in paragraph (1), (2), or (3).

(j) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 3.

Section 336 of the Elections Code is amended to read:

336.

(a) 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.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 4.

Section 336 is added to the Elections Code, to read:

336.

(a) 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.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 5.

Section 342 of the Elections Code is amended to read:

342.

(a) “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 the Attorney General 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.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–2024 Regular Session, and as of that date is repealed.

SEC. 6.

Section 342 is added to the Elections Code, to read:

342.

(a) “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 the Legislative Analyst 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.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 7.

Section 9001 of the Elections Code is amended to read:

9001.

(a) Before the circulation of an 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 a 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 a proposed initiative measure, at the time of submitting the text of the proposed measure to the Attorney General, shall pay a fee to the Attorney General of two thousand dollars ($2,000) that 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 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 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.

(f) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 8.

Section 9001 is added to the Elections Code, to read:

9001.

(a) Before 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 a proposed initiative measure shall, at the time of submitting the text of the proposed measure, provide both of the following:

(2) Public contact information.

(c) The proponents of a proposed initiative measure, at the time of submitting the text of the proposed measure to the Legislative Analyst, shall pay a fee to the Legislative Analyst of two thousand dollars ($2,000) that 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 Legislative Analyst 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 shall not deem a request for a circulating title and summary submitted until all of the requirements of this section are met.

(f) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 9.

Section 9002 of the Elections Code is amended to read:

9002.

(a) Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the Attorney General shall initiate a public review process for a period of 30 days by doing all of the following:

(1) Posting the text of the proposed initiative measure on the Attorney General’s internet website.

(2) Inviting, and providing for the submission of, written public comments on the proposed initiative measure on the Attorney General’s internet website. The site shall accept written public comments for the duration of the public review period. The written public comments shall be public records, available for inspection upon request pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, but shall not be displayed to the public on the Attorney General’s internet website during the public review period. The Attorney General shall transmit any written public comments received during the public review period to the proponents of the proposed initiative measure.

(b) During the public review period, the proponents of the proposed initiative measure may submit amendments to the measure that are reasonably germane to the theme, purpose, or subject of the initiative measure as originally proposed. However, amendments shall not be submitted if the initiative measure as originally proposed would not effect a substantive change in law.

(1) An amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language.

(2) An amendment shall be submitted to the Attorney General’s Initiative Coordinator located in the Attorney General’s Sacramento Office via United States Postal Service, alternative mail service, or personal delivery. Only printed documents shall be accepted; facsimile or email delivery shall not be accepted.

(3) The submission of an amendment shall not extend the period to prepare the estimate required by Section 9005.

(4) An amendment shall not be accepted more than five days after the public review period is concluded. However, a proponent shall not be prohibited from proposing a new initiative measure and requesting that a circulating title and summary be prepared for that measure pursuant to Section 9001.

(c) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 10.

Section 9002 is added to the Elections Code, to read:

9002.

(a) Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the Legislative Analyst shall initiate a public review process for a period of 30 days by doing all of the following:

(1) Posting the text of the proposed initiative measure on the Legislative Analyst’s internet website.

(2) Inviting, and providing for the submission of, written public comments on the proposed initiative measure on the Legislative Analyst’s internet website. The site shall accept written public comments for the duration of the public review period. The written public comments shall be public records, available for inspection upon request pursuant to Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code, but shall not be displayed to the public on the Legislative Analyst’s internet website during the public review period. The Legislative Analyst shall transmit any written public comments received during the public review period to the proponents of the proposed initiative measure.

(1) An amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language.

(2) An amendment shall be submitted to the Legislative Analyst via United States Postal Service, alternative mail service, or personal delivery. Only printed documents shall be accepted; facsimile or email delivery shall not be accepted.

(3) The submission of an amendment shall not extend the period to prepare the estimate required by Section 9005.

(c) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 11.

Section 9003 of the Elections Code is amended to read:

9003.

(a) 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.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 12.

Section 9004 of the Elections Code is amended to read:

9004.

(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) 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 Legislative Analyst 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.

(d) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 13.

Section 9004 is added to the Elections Code, to read:

9004.

(a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, 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 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 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.”

(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.

(d) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 14.

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 text, 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 Legislative Analyst, who shall deliver the estimate to the Attorney General so that the Attorney General may include the estimate in the circulating title and summary.

(c) The estimate shall be delivered to the Attorney General within 50 days of the date of receipt of the proposed initiative measure by the Attorney General, unless, in the opinion of both the Department of Finance and the Legislative Analyst, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 50-day period. In the latter case, the Department of Finance and the Legislative Analyst shall, within the 50-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 Legislative Analyst in the preparation of the fiscal estimate or the opinion.

(e) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 15.

Section 9005 is added to the Elections Code, to read:

9005.

(a) The Legislative Analyst, in preparing a circulating title and summary for a proposed initiative measure, shall, in boldface text, 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 Legislative Analyst.

(c) The estimate shall be completed within 50 days of the date of receipt of the proposed initiative measure by the Legislative Analyst, unless, in the opinion of both the Department of Finance and the Legislative Analyst, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 50-day period. In the latter case, the Legislative Analyst shall, in consultation with the Department of Finance and within the 50-day period, give the Legislative Analyst’s opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative measure is adopted.

(e) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 16.

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 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.

(d) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 17.

Section 9006 is added to the Elections Code, 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.

(d) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 18.

Section 9007 of the Elections Code is amended to read:

9007.

(a) Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Attorney General shall 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, this section shall not be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 19.

Section 9007 is added to the Elections Code, to read:

9007.

(a) Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Legislative Analyst shall 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, this section shall not be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 20.

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 11-point or larger roman 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. The circulating title shall appear in all capital letters.

(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 (b) shall be preceded by the following statement: “INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS.”, followed by, on a separate line, “The Attorney General of California has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”. This text shall be in boldface.

(e) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 21.

Section 9008 is added to the Elections Code, to read:

9008.

Every proposed initiative measure, prior to circulation, shall have placed across the top of the petition in 11-point or larger roman 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. The circulating title shall appear in all capital letters.

(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 (b) shall be preceded by the following statement: “INITIATIVE MEASURE TO BE SUBMITTED DIRECTLY TO THE VOTERS.”, followed by, on a separate line, “The Legislative Analyst has prepared the following circulating title and summary of the chief purpose and points of the proposed measure:”. This text shall be in boldface.

(e) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 22.

Section 9009 of the Elections Code is amended to read:

9009.

(a) 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:

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 23.

Section 9009 is added to the Elections Code, to read:

9009.

(a) 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 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

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 24.

Section 9034 of the Elections Code is amended to read:

9034.

(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, 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 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.

(d) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 25.

Section 9034 is added to the Elections Code, to read:

9034.

(b) Upon the receipt of the certification required by subdivision (a), 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 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.

(d) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 26.

Section 9035 of the Elections Code is amended to read:

9035.

(a) 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 California 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 Attorney General.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 27.

Section 9035 is added to the Elections Code, to read:

9035.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 28.

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 and summary and the condensed ballot title and summary prepared pursuant to Section 303 for each measure submitted to the voters of the whole state by a date sufficient to meet the state voter information guide public display deadlines.

(b) For each statewide measure, within one week after receiving the lists of supporters and opponents of a measure, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed ballot title and summary prepared by the Attorney General followed by the list of supporters and opponents, pursuant to Section 303.

(c) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 29.

Section 9050 is added to the Elections Code, 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 Legislative Analyst. The Attorney General shall provide and return to the Secretary of State a ballot title and summary and the condensed ballot title and summary prepared pursuant to Section 303 for each measure submitted to the voters of the whole state by a date sufficient to meet the state voter information guide public display deadlines.

(b) For each statewide measure, within one week after receiving the lists of supporters and opponents of a measure, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed ballot title and summary prepared by the Legislative Analyst followed by the list of supporters and opponents, pursuant to Section 303.

(c) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 30.

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.

(2) The ballot title and summary shall 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 condensed ballot title and summary shall not contain 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 of this code and Section 88003 of the Government Code.

(c) (1) The ballot label shall include the condensed ballot title and summary described in subdivision (b), followed by the following:

(A) After the text “Supporters:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument in favor of the ballot measure printed in the state voter information guide. The list of supporters shall not exceed 125 characters in length. Each supporter shall be separated by a semicolon. A nonprofit organization, business, or individual shall not be listed unless they support the ballot measure.

(B) After the text “Opponents:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument against the ballot measure printed in the state voter information guide. The list of opponents shall not exceed 125 characters in length. Each opponent shall be separated by a semicolon. A nonprofit organization, business, or individual shall not be listed unless they oppose the ballot measure.

(i) A nonprofit organization that was not originally created as a committee described in Section 82013 of the Government Code, that has been in existence for at least four years, and that, during the four-year period prior to the time that the organization is listed pursuant to subparagraph (A) or (B), either has received contributions from more than 500 donors or has had at least one full-time employee.

(ii) A business that has been in existence for at least four years and that has had at least one full-time employee during the four-year period prior to the time that the organization is listed pursuant to subparagraph (A) or (B).

(iii) A current or former elected official, who may be listed with the official’s title (e.g., “State Senator Mary Smith,” “Assembly Member Carlos Garcia,” or “former Eureka City Council Member Amy Lee”). These titles may be shortened (e.g. “Senator” or “Sen.” for “State Senator” or “Asm.” for “Assembly Member”).

(iv) An individual who is not a current or former elected official may be listed only with the individual’s first and last name and an honorific (e.g., “Dr.,” “M.D.,” “Ph.D.,” or “Esquire”), with no other title or designation, unless it is a title representing a nonprofit organization or business that meets the requirements of clause (i) or (ii) and that is eligible to be listed under subparagraph (A) if the individual supports the ballot measure or under subparagraph (B) if the individual opposes the ballot measure.

(D) Spaces, commas, semicolons, and any other characters count towards the 125-character limit in subparagraphs (A) and (B).

(E) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) if the supporter or opponent is a political party or is representing a political party.

(F) The name of a nonprofit organization or business included in the list of supporters and opponents as required by this subdivision may be shortened by the proponents or opponents who submit it using acronyms, abbreviations, or by leaving out words in the entity’s name, as long as doing so would not confuse voters with another well-known organization or business that did not take the same position on the ballot measure (e.g., “Hot Air Balloon Flyers of Montana Education Fund” may be shortened to “Hot Air Balloons Montana”).

(G) Supporters and opponents listed on the ballot label pursuant to subparagraph (A) or (B) shall be added as text after the condensed ballot title and summary and shall be separated by semicolons. Supporters and opponents need not be displayed on separate horizontal lines on the ballot. If no list of supporters is provided by the proponents or there are none that meet the requirements of this section, then “Supporters:” shall be followed by “None submitted.” If no list of opponents is provided by the opponents or there are none that meet the requirements of this section, then “Opponents:” shall be followed by “None submitted.”

(H) If the ballot emphasizes the text “Supporters:” or “Opponents:” by use of boldface text, underlining, or any other method that differentiates that text from the list of supporters or opponents that follow, the text “Supporters:” or “Opponents:” may be displayed with only the initial letter capitalized. If that text is not emphasized, then each letter of that text shall be capitalized.

(I) If including the list of Supporters and Opponents in the ballot labels as required by this section would necessitate the printing of an extra ballot card compared to the ballot labels not including them, the type size of the part of all of the ballot labels starting with “Supporters:” may be reduced by the minimal amount needed to stop them from necessitating an extra ballot card, as long as the type size is no smaller than 8-point and as long as the type size is reduced by the same amount for all ballot measures.

(2) (A) The proponents of the measure shall provide the list of supporters described in subparagraph (A) of paragraph (1) to the Secretary of State when submitting the arguments supporting the ballot measure.

(i) For every supporter listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the supporters shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business supports the measure, (II) that the nonprofit organization or business has been in existence for at least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code.

(ii) For every supporter listed that is an individual, the proponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual supports the measure.

(B) The opponents of the measure shall provide the list of opponents described in subparagraph (B) of paragraph (1) to the Secretary of State when submitting the arguments opposing the ballot measure.

(i) For every opponent listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the opponents shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business opposes the measure, (II) that the nonprofit organization or business has been in existence for at least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code.

(ii) For every opponent listed that is an individual, the opponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual opposes the measure.

(C) In order to enable the Secretary of State to determine whether the nonprofit organizations and businesses listed in the supporters or opponents have been in existence for at least four years, the proponents and opponents shall submit with the list of supporters and opponents described in subparagraphs (A) and (B) a certified copy of the articles of incorporation, articles of organization, or similar document for each nonprofit organization or business on the list that verifies that the nonprofit organization or business has been in existence for at least four years.

(D) The Secretary of State shall confirm that a submission listing supporters or opponents includes the documentation required by subparagraphs (A) through (C) and otherwise meets the requirements of this section. The Secretary of State shall ask the proponents or opponents to resubmit a list if the requirements are not met. The Secretary of State may establish deadlines by when proponents or opponents must resubmit a list and any other documents required by the Secretary of State to meet the deadline in subdivision (b) of Section 9050.

(d) 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.

(e) The Attorney General shall invite and consider public comment in preparing each ballot title and summary.

(f) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 31.

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 statement.

(c) (1) The ballot label shall include the condensed ballot title and summary described in subdivision (b), followed by the following:

(D) Spaces, commas, semicolons, and any other characters count towards the 125-character limit in subparagraphs (A) and (B).

(E) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) if the supporter or opponent is a political party or is representing a political party.

(d) In providing the ballot title and summary, the Legislative Analyst 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.

(e) The Legislative Analyst shall invite and consider public comment in preparing each ballot title and summary.

(f) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 32.

Section 9063 of the Elections Code is amended to read:

9063.

(a) 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.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 33.

Section 9063 is added to the Elections Code, to read:

9063.

(a) 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.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 34.

Section 9086 of the Elections Code is amended to read:

9086.

(a) The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:

(1) (A) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:

(i) Identification of the measure by number and title.

(ii) The official summary prepared by the Attorney General.

(iii) 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.

(B) 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 subparagraph (A) has taken for purposes of determining compliance with the restriction prohibiting the information described in subparagraph (A) from exceeding one-third of the page.

(2) Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst if 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.

(3) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s internet website for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors.

(4) 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.

(5) If an argument against the measure has not been submitted, the argument for the measure shall appear on the right page facing the analysis.

(6) Before each state measure, a conspicuous notice identifying the location on the Secretary of State’s internet website of the complete text of the state measure. The Secretary of State’s internet website shall contain the provisions of the proposed measure and the existing laws repealed or revised by the measure. The provisions of the proposed measure differing from the existing laws affected shall be distinguished in print, so as to facilitate comparison. There shall be printed immediately below each state measure, except for a measure relating to debts and liabilities under Section 1 of Article XVI of the California Constitution, including a bond measure, in no less than 10-point bold type, a legend substantially as follows: “If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you.”

(7) 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.”

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 35.

Section 9086 is added to the Elections Code, to read:

9086.

(a) The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:

(1) (A) Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:

(i) Identification of the measure by number and title.

(ii) The official summary prepared by the Legislative Analyst.

(iii) 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.

(5) If an argument against the measure has not been submitted, the argument for the measure shall appear on the right page facing the analysis.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 36.

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 text in the state voter information guide.

(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 use 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 Attorney General 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 the analysis.

(d) Before 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 shall incorporate in the analysis those changes recommended by the committee that the Legislative Analyst 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.

(f) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 37.

Section 9087 is added to the Elections Code, to read:

9087.

(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 use 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.

(f) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 38.

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 the voter’s 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 Attorney General.

(e) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 39.

Section 13262 is added to the Elections Code, to read:

13262.

(e) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 40.

Section 13282 of the Elections Code is amended to read:

13282.

(a) Whenever the Attorney General prepares a condensed ballot title and summary, the Attorney General shall file a copy of the condensed ballot title and summary with the Secretary of State. The Secretary of State shall make a copy of the condensed ballot title and summary as required by subdivision (c) of Section 9051 available for public examination prior to the printing of the ballot label on any ballot. The public shall be permitted to examine the condensed ballot title and summary 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 condensed ballot title and summary, 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.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 41.

Section 13282 is added to the Elections Code, to read:

13282.

(a) Whenever the Legislative Analyst prepares a condensed ballot title and summary, the Legislative Analyst shall file a copy of the condensed ballot title and summary with the Secretary of State. The Secretary of State shall make a copy of the condensed ballot title and summary as required by subdivision (c) of Section 9051 available for public examination prior to the printing of the ballot label on any ballot. The public shall be permitted to examine the condensed ballot title and summary 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 condensed ballot title and summary, 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.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 42.

Section 18602 of the Elections Code is amended to read:

18602.

(a) Any 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 Attorney General from the view of a prospective signer is guilty of a misdemeanor.

(b) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 43.

Section 18602 is added to the Elections Code, to read:

18602.

(a) Any 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.

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 44.

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 Attorney General.

(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) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s internet website for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors.

(d) 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.

(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis.

(f) 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.

(g) 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.”

(h) This section shall remain in effect only until the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session, and as of that date is repealed.

SEC. 45.

Section 88002 is added to the Government Code, to read:

88002.

(a) The ballot pamphlet shall contain as to each state measure to be voted upon, the following in the order set forth in this section:

(1) (A) Upon the top portion of the first page and not exceeding one-third of the page shall appear:

(i) The identification of the measure by number and title.

(ii) The official summary prepared by the Legislative Analyst.

(iii) 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.

(B) 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.

(2) 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.

(4) 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.

(5) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis.

(6) 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.

(7) 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.”

(b) This section shall become operative on the effective date of Senate Constitutional Amendment 3 of the 2023–24 Regular Session.

SEC. 46.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for the Legislative Analyst to prepare for the change in its duties imposed by this act, and so that the Legislative Analyst is able to perform these duties in forthcoming elections, it is necessary that this act take effect immediately.

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Bill Text: CA SB858 | 2023-2024 | Regular Session | Amended

California Senate Bill 858

LEGISLATIVE COUNSEL'S DIGEST

Digest Key

Bill Text

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

SECTION 1.

107.

SEC. 2.

107.

SEC. 3.

336.

SEC. 4.

336.

SEC. 5.

342.

SEC. 6.

342.

SEC. 7.

9001.

SEC. 8.

9001.

SEC. 9.

9002.

SEC. 10.

9002.

SEC. 11.

9003.

SEC. 12.

9004.

SEC. 13.

9004.

SEC. 14.

9005.

SEC. 15.

9005.

SEC. 16.

9006.

SEC. 17.

9006.

SEC. 18.

9007.

SEC. 19.

9007.

SEC. 20.

9008.

SEC. 21.

9008.

SEC. 22.

9009.

SEC. 23.

9009.

SEC. 24.

9034.

SEC. 25.

9034.

SEC. 26.

9035.

SEC. 27.

9035.

SEC. 28.

9050.

SEC. 29.

9050.

SEC. 30.

9051.

SEC. 31.

9051.

SEC. 32.

9063.

SEC. 33.

9063.

SEC. 34.

9086.

SEC. 35.

9086.

SEC. 36.

9087.

SEC. 37.