Jurris.COM
Article 7. Ballot Pamphlet of California Elections Code >> Division 9. >> Chapter 1. >> Article 7.
The provisions of Sections 9084 to 9093, inclusive, are a
restatement of, and shall be construed in conformity with, Sections
88001 to 88007, inclusive, of the Government Code.
There shall be a state ballot pamphlet, that the Secretary of
State shall prepare.
The Secretary of State shall cause to be printed as many
ballot pamphlets as needed to comply with this code.
The ballot pamphlets shall be printed in the Office of State
Printing unless the Director of General Services determines that the
printing of the pamphlets in the Office of State Printing cannot be
done adequately, competently, or satisfactorily, in which case the
Secretary of State, subject to the approval of the Director of
General Services, shall contract with a private printing concern for
the printing of all or a part of the pamphlets.
Copy for preparation of the ballot pamphlets shall be furnished to
the Office of State Printing at least 40 days prior to the date for
required delivery to the elections officials as provided in Section
9094.
The Secretary of State shall cause to be produced an audio
recorded version of the state ballot pamphlet. This audio recorded
version shall be made available in quantities to be determined by the
Secretary of State and shall contain an impartial summary, arguments
for and against, rebuttal arguments, and other information
concerning each measure that the Secretary of State determines will
make the audio recorded version of the state ballot pamphlet easier
to understand or more useful to the average voter.
(a) The Secretary of State shall make available the
complete state ballot pamphlet over the Internet. The online version
of the state ballot pamphlet shall contain all of the following:
(1) For each candidate listed in the pamphlet, a means to access campaign contribution disclosure reports for the candidate that are available online.
(2) For each state ballot measure listed in the pamphlet, a means to access the consolidated information specified in subdivision (b).
(b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following:
(1) A summary of the ballot measure's content.
(2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows:
(A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot.
(ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot.
(iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following:
(I) Ensure that transfers of funds between primarily formed committees are not counted twice.
(II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes.
(B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot.
(C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A).
(3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code.
(4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of funding reported for each committee.
(B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee's top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code.
(D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section.
(5) Any other information deemed relevant by the Secretary of State.
(c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053.
(1) For each candidate listed in the pamphlet, a means to access campaign contribution disclosure reports for the candidate that are available online.
(2) For each state ballot measure listed in the pamphlet, a means to access the consolidated information specified in subdivision (b).
(b) The Secretary of State shall create an Internet Web site, or use other available technology, to consolidate information about each state ballot measure in a manner that is easy for voters to access and understand. The information shall include all of the following:
(1) A summary of the ballot measure's content.
(2) The total amount of reported contributions made in support of and opposition to the ballot measure, calculated and updated as follows:
(A) (i) The total amount of contributions in support of the ballot measure shall be calculated by adding together the total amounts of contributions made in support of the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot.
(ii) The total amount of contributions in opposition to the ballot measure shall be calculated by adding together the total amounts of contributions made in opposition to the ballot measure and reported in semiannual statements required by Section 84200 of the Government Code, preelection statements required by Section 84200.5 of the Government Code, campaign statements required by Section 84202.3 of the Government Code, and late contribution reports required by Section 84203 of the Government Code that are reported within 16 days of the election at which the measure will appear on the ballot.
(iii) For purposes of determining the total amount of reported contributions pursuant to this subparagraph, the Secretary of State shall, to the extent practicable with respect to committees primarily formed to support or oppose a ballot measure, do both of the following:
(I) Ensure that transfers of funds between primarily formed committees are not counted twice.
(II) Treat a contribution made to a primarily formed committee that supports or opposes more than one state ballot measure as if the total amount of that contribution was made for each state ballot measure that the committee supports or opposes.
(B) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be updated not later than five business days after receipt of a semiannual statement, campaign statement, or preelection statement and not later than two business days after receipt of a late contribution report within 16 days of the election at which the measure will appear on the ballot.
(C) The total amount of reported contributions calculated under this paragraph for each state ballot measure shall be accompanied by an explanation that the contribution totals may be overstated due to the inclusion of contributions made to committees supporting or opposing more than one state ballot measure, as required by subclause (II) of clause (iii) of subparagraph (A).
(3) A current list of the top 10 contributors supporting and opposing the ballot measure, if compiled by the Fair Political Practices Commission pursuant to subdivision (e) of Section 84223 of the Government Code.
(4) (A) A list of each committee primarily formed to support or oppose the ballot measure, as described in Section 82047.5 of the Government Code, and a means to access information about the sources of funding reported for each committee.
(B) Information about the sources of contributions shall be updated as new information becomes available to the public pursuant to the Political Reform Act of 1974 (Title 9 (commencing with Section 81000) of the Government Code).
(C) If a committee identified in subparagraph (A) receives one million dollars ($1,000,000) or more in contributions for an election, the Secretary of State shall provide a means to access online information about the committee's top 10 contributors reported to the Fair Political Practices Commission pursuant to subdivision (a) of Section 84223 of the Government Code.
(D) Notwithstanding paragraph (1) of subdivision (c) of Section 84223 of the Government Code, the Fair Political Practices Commission shall automatically provide any list of top 10 contributors created pursuant to Section 84223 of the Government Code, and any subsequent updates to that list, to the Secretary of State for purposes of compliance with this section.
(5) Any other information deemed relevant by the Secretary of State.
(c) Information made available over the Internet pursuant to this section shall meet or exceed the most current, ratified standards under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, and the Web Content Accessibility Guidelines 2.0 adopted by the World Wide Web Consortium for accessibility. The Secretary of State may also implement recommendations of the Voting Accessibility Advisory Committee made pursuant to paragraph (4) of subdivision (b) of Section 2053.
If the ballot contains a question as to the confirmation of a
justice of the Supreme Court or a court of appeal, the Secretary of
State shall include in the state ballot pamphlet a written
explanation of the electoral procedure for justices of the Supreme
Court and the courts of appeal. The explanation shall state the
following:
"Under the California Constitution, justices of the Supreme Court
and the courts of appeal are subject to confirmation by the voters.
The public votes "yes" or "no" on whether to retain each justice.
"These judicial offices are nonpartisan.
"Before a person can become an appellate justice, the Governor
must submit the candidate's name to the Judicial Nominees Evaluation
Commission, which is comprised of public members and lawyers. The
commission conducts a thorough review of the candidate's background
and qualifications, with community input, and then forwards its
evaluation of the candidate to the Governor.
"The Governor then reviews the commission's evaluation and
officially nominates the candidate, whose qualifications are subject
to public comment before examination and review by the Commission on
Judicial Appointments. That commission consists of the Chief Justice
of California, the Attorney General of California, and a senior
Presiding Justice of the Courts of Appeal. The Commission on Judicial
Appointments must then confirm or reject the nomination. Only if
confirmed does the nominee become a justice.
"Following confirmation, the justice is sworn into office and is
subject to voter approval at the next gubernatorial election, and
thereafter at the conclusion of each term. The term prescribed by the
California Constitution for justices of the Supreme Court and courts
of appeal is 12 years. Justices are confirmed by the Commission on
Judicial Appointments only until the next gubernatorial election, at
which time they run for retention of the remainder of the term, if
any, of their predecessor, which will be either four or eight years."
(a) If a candidate for nomination or election to a partisan
office will appear on the ballot, the Secretary of State shall
include in the state ballot pamphlet a written explanation of the
election procedure for such offices. The explanation shall read
substantially similar to the following:
PARTY-NOMINATED/PARTISAN OFFICES
Under the California Constitution, political parties may formally
nominate candidates for party-nominated/partisan offices at the
primary election. A candidate so nominated will then represent that
party as its official candidate for the office in question at the
ensuing general election and the ballot will reflect an official
designation to that effect. The top votegetter for each party at the
primary election is entitled to participate in the general election.
Parties also elect officers of official party committees at a
partisan primary.
No voter may vote in the primary election of any political party
other than the party he or she has disclosed a preference for upon
registering to vote. However, a political party may authorize a
person who has declined to disclose a party preference to vote in
that party's primary election.
(b) If any candidate for nomination or election to a
voter-nominated office will appear on the ballot, the Secretary of
State shall include in the state ballot pamphlet a written
explanation of the election procedure for such offices. The
explanation shall read substantially similar to the following:
VOTER-NOMINATED OFFICES
Under the California Constitution, political parties are not
entitled to formally nominate candidates for voter-nominated offices
at the primary election. A candidate nominated for a voter-nominated
office at the primary election is the nominee of the people and not
the official nominee of any party at the following general election.
A candidate for nomination or election to a voter-nominated office
shall have his or her party preference, or lack of party preference,
reflected on the primary and general election ballot, but the party
preference designation is selected solely by the candidate and is
shown for the information of the voters only. It does not constitute
or imply an endorsement of the candidate by the party designated, or
affiliation between the party and candidate, and no candidate
nominated by the qualified voters for any voter-nominated office
shall be deemed to be the officially nominated candidate of any
political party. The parties may list the candidates for
voter-nominated offices who have received the official endorsement of
the party in the sample ballot.
All voters may vote for any candidate for a voter-nominated
office, provided they meet the other qualifications required to vote
for that office. The top two votegetters at the primary election
advance to the general election for the voter-nominated office, even
if both candidates have specified the same party preference
designation. No party is entitled to have a candidate with its party
preference designation participate in the general election unless
such candidate is one of the two highest votegetters at the primary
election.
(c) If any candidate for nomination or election to a nonpartisan
office, other than judicial office, shall appear on the ballot, the
Secretary of State shall include in the state ballot pamphlet a
written explanation of the election procedure for such offices. The
explanation shall read substantially similar to the following:
NONPARTISAN OFFICES
Under the California Constitution, political parties are not
entitled to nominate candidates for nonpartisan offices at the
primary election, and a candidate nominated for a nonpartisan office
at the primary election is not the official nominee of any party for
the office in question at the ensuing general election. A candidate
for nomination or election to a nonpartisan office may NOT designate
his or her party preference, or lack of party preference, on the
primary and general election ballot. The top two votegetters at the
primary election advance to the general election for the nonpartisan
office.
(d) Posters or other printed materials containing the notices
specified in subdivisions (a) to (c), inclusive, shall be included in
the precinct supplies pursuant to Section 14105.
The ballot pamphlet shall contain all of the following:
(a) A complete copy of each state measure.
(b) A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise.
(c) A copy of the arguments and rebuttals for and against each state measure.
(d) A copy of the analysis of each state measure.
(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter.
(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request.
(g) A written explanation of the judicial retention procedure as required by Section 9083.
(h) The Voter Bill of Rights pursuant to Section 2300.
(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet.
(j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.
(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State's Internet Web site for information about candidates for the offices of President and Vice President of the United States.
(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.
(m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public.
(a) A complete copy of each state measure.
(b) A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise.
(c) A copy of the arguments and rebuttals for and against each state measure.
(d) A copy of the analysis of each state measure.
(e) Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the ballot pamphlet easier to understand or more useful for the average voter.
(f) A notice, conspicuously printed on the cover of the ballot pamphlet, indicating that additional copies of the ballot pamphlet will be mailed by the county elections official upon request.
(g) A written explanation of the judicial retention procedure as required by Section 9083.
(h) The Voter Bill of Rights pursuant to Section 2300.
(i) If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state ballot pamphlet that does not exceed 250 words. The statement may not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state ballot pamphlet.
(j) If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.
(k) If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of State's Internet Web site for information about candidates for the offices of President and Vice President of the United States.
(l) A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.
(m) A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public.
(a) The ballot pamphlet shall also contain a section, located
near the front of the pamphlet, that provides a concise summary of
the general meaning and effect of "yes" and "no" votes on each state
measure.
(b) The summary statements required by this section shall be prepared by the Legislative Analyst. These statements are not intended to provide comprehensive information on each measure. The Legislative Analyst shall be solely responsible for determining the contents of these statements. The statements shall be available for public examination and amendment pursuant to Section 9092.
(b) The summary statements required by this section shall be prepared by the Legislative Analyst. These statements are not intended to provide comprehensive information on each measure. The Legislative Analyst shall be solely responsible for determining the contents of these statements. The statements shall be available for public examination and amendment pursuant to Section 9092.
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 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 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) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State's Internet Web site 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 final page of the analysis of the Legislative Analyst. 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."
(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 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 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) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State's Internet Web site 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 final page of the analysis of the Legislative Analyst. 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."
(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 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 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.
(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 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 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.
(a) At each statewide election at which state bond measures
will be submitted to the voters for their approval or rejection, the
ballot pamphlet for that election shall include a discussion,
prepared by the Legislative Analyst, of the state's current bonded
indebtedness situation.
(b) This discussion shall include information as to the dollar amount of the state's current authorized and outstanding bonded indebtedness, the approximate percentage of the state's General Fund revenues which are required to service this indebtedness, and the expected impact of the issuance of the bonds to be approved at the election on the items specified in this subdivision. In cases where a bond measure allocates funds for programs, the discussion shall also include, to the extent practicable, the proportionate share of funds for each major program funded by the measure.
(c) The discussion required by this section shall appear on a separate page in the ballot pamphlet immediately following the rebuttal to the argument against the last ballot measure included in the ballot pamphlet.
(b) This discussion shall include information as to the dollar amount of the state's current authorized and outstanding bonded indebtedness, the approximate percentage of the state's General Fund revenues which are required to service this indebtedness, and the expected impact of the issuance of the bonds to be approved at the election on the items specified in this subdivision. In cases where a bond measure allocates funds for programs, the discussion shall also include, to the extent practicable, the proportionate share of funds for each major program funded by the measure.
(c) The discussion required by this section shall appear on a separate page in the ballot pamphlet immediately following the rebuttal to the argument against the last ballot measure included in the ballot pamphlet.
Measures shall be printed in the ballot pamphlet, so far as
possible, in the same order, manner and form in which they are
designated upon the ballot.
The ballot pamphlet shall be printed according to the
following specifications:
(a) The pamphlet shall be printed in clear readable type, no less than 10-point, except that the text of any measure may be set forth in eight-point type.
(b) The pamphlet shall be of a size and printed on a quality and weight of paper which, in the judgment of the Secretary of State, best serves the voters.
(c) The pamphlet shall contain a certificate of correctness by the Secretary of State.
(a) The pamphlet shall be printed in clear readable type, no less than 10-point, except that the text of any measure may be set forth in eight-point type.
(b) The pamphlet shall be of a size and printed on a quality and weight of paper which, in the judgment of the Secretary of State, best serves the voters.
(c) The pamphlet shall contain a certificate of correctness by the Secretary of State.
The Legislative Counsel shall prepare and proofread the texts
of all measures and the provisions which are repealed or revised.
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.
Notwithstanding Section 81012 of the Government Code, the
Legislature may without restriction amend this article to add to the
ballot pamphlet information regarding candidates or any other
information.
(a) The Secretary of State shall mail ballot pamphlets to
voters, in those instances in which the county elections official
uses data processing equipment to store the information set forth in
the affidavits of registration, before the election at which measures
contained in the ballot pamphlet are to be voted on unless a voter
has registered fewer than 29 days before the election. The mailing
shall commence not less than 40 days before the election and shall be
completed no later than 21 days before the election for those voters
who registered on or before the 60th day before the election. The
Secretary of State shall mail one copy of the ballot pamphlet to each
registered voter at the postal address stated on the voter's
affidavit of registration, or the Secretary of State may mail only
one ballot pamphlet to two or more registered voters having the same
postal address.
(b) In those instances in which the county elections official does not utilize data processing equipment to store the information set forth in the affidavits of registration, the Secretary of State shall furnish ballot pamphlets to the county elections official not less than 45 days before the election at which measures contained in the ballot pamphlet are to be voted on and the county elections official shall mail ballot pamphlets to voters, on the same dates and in the same manner provided by subdivision (a).
(c) The Secretary of State shall provide for the mailing of ballot pamphlets to voters registering after the 60th day before the election and before the 28th day before the election, by either: (1) mailing in the manner as provided in subdivision (a), or (2) requiring the county elections official to mail ballot pamphlets to those voters registering in the county after the 60th day before the election and before the 28th day before the election pursuant to the provisions of this section. The second mailing of ballot pamphlets shall be completed no later than 10 days before the election. The county elections official shall mail a ballot pamphlet to any person requesting a ballot pamphlet. Three copies, to be supplied by the Secretary of State, shall be kept at every polling place, while an election is in progress, so that they may be freely consulted by the voters.
(b) In those instances in which the county elections official does not utilize data processing equipment to store the information set forth in the affidavits of registration, the Secretary of State shall furnish ballot pamphlets to the county elections official not less than 45 days before the election at which measures contained in the ballot pamphlet are to be voted on and the county elections official shall mail ballot pamphlets to voters, on the same dates and in the same manner provided by subdivision (a).
(c) The Secretary of State shall provide for the mailing of ballot pamphlets to voters registering after the 60th day before the election and before the 28th day before the election, by either: (1) mailing in the manner as provided in subdivision (a), or (2) requiring the county elections official to mail ballot pamphlets to those voters registering in the county after the 60th day before the election and before the 28th day before the election pursuant to the provisions of this section. The second mailing of ballot pamphlets shall be completed no later than 10 days before the election. The county elections official shall mail a ballot pamphlet to any person requesting a ballot pamphlet. Three copies, to be supplied by the Secretary of State, shall be kept at every polling place, while an election is in progress, so that they may be freely consulted by the voters.
(a) The Secretary of State shall establish processes to
enable a voter to do both of the following:
(1) Opt out of receiving by mail the state ballot pamphlet prepared pursuant to Section 9081.
(2) When the state ballot pamphlet is available, receive either the state ballot pamphlet in an electronic format or an electronic notification making the pamphlet available by means of online access.
(b) The processes described in subdivision (a) shall become effective only after the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(c) The processes described in subdivision (a) shall not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the ballot pamphlet by mail.
(d) The Secretary of State shall also establish a procedure to permit a voter to begin receiving the ballot pamphlet by mail again after the voter has discontinued receiving it pursuant to subdivision (a).
(1) Opt out of receiving by mail the state ballot pamphlet prepared pursuant to Section 9081.
(2) When the state ballot pamphlet is available, receive either the state ballot pamphlet in an electronic format or an electronic notification making the pamphlet available by means of online access.
(b) The processes described in subdivision (a) shall become effective only after the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).
(c) The processes described in subdivision (a) shall not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the ballot pamphlet by mail.
(d) The Secretary of State shall also establish a procedure to permit a voter to begin receiving the ballot pamphlet by mail again after the voter has discontinued receiving it pursuant to subdivision (a).
Any costs incurred by a county for mailing the ballot
pamphlets pursuant to the provisions of subdivisions (b) and (c) of
Section 9094 shall be reimbursed to the county by the Secretary of
State.
(a) As soon as copies of the ballot pamphlet are available,
the Secretary of State shall immediately mail the following number of
copies to the listed persons and places:
(1) Five copies to each county elections official or registrar of voters.
(2) Six copies to each city elections official.
(3) Five copies to each Member of the Legislature.
(4) Five copies to the proponents of each ballot measure.
(b) The Secretary of State shall also mail:
(1) Two copies to each public library and branch thereof.
(2) Twelve copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 copies to each public institution of higher learning. Upon request, and in the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions.
(1) Five copies to each county elections official or registrar of voters.
(2) Six copies to each city elections official.
(3) Five copies to each Member of the Legislature.
(4) Five copies to the proponents of each ballot measure.
(b) The Secretary of State shall also mail:
(1) Two copies to each public library and branch thereof.
(2) Twelve copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 copies to each public institution of higher learning. Upon request, and in the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions.
