Article 6. Arguments Concerning Measures Submitted To Voters of California Elections Code >> Division 9. >> Chapter 1. >> Article 6.
In case either the argument for or the argument against any
measure placed on the ballot is not prepared and filed, the Secretary
of State shall, by a general press release, request voters to submit
arguments.
The press release shall be mailed at least 120 days prior to
the date of the election at which a measure is to be voted upon.
The press release shall consist of an announcement
containing:
(a) A summary of the essential nature or purpose of the measure
for or against which no argument has been prepared or filed.
(b) A statement that the affirmative or negative arguments, or
both, have not been filed.
(c) An invitation to any voter or group of voters to submit and
file with the Secretary of State, within the time limit, arguments
for or against the measure as to which affirmative or negative
arguments have not been filed.
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.
Any voter or group of voters may, at any time within the time
limit, prepare and file with the Secretary of State an argument for
or against any measure as to which arguments have not been prepared
or filed. This argument shall not exceed 500 words in length.
A ballot argument shall not be accepted under this article
unless accompanied by all of the following:
(a) The name, business or home address, and telephone number of
each person submitting the argument.
(b) If the argument is submitted on behalf of an organization, the
name, business address, and telephone number of the organization and
of at least two of its principal officers.
(c) The name, business or home address, and telephone number of a
contact person for each individual or organization submitting the
argument.
(d) If the argument is signed by anyone other than the proponent
or legislative author, the name and official title of the person or
persons authorized by the proponent to sign the argument.
(e) The signed statement required by Section 9600.
(f) No person signing an argument for or against a measure or a
rebuttal to an argument for or against a measure may identify himself
or herself in reference to that signature as a candidate for any
office.
If more than one argument for or more than one argument
against any measure is filed within the time prescribed, the
Secretary of State shall select one of the arguments for printing in
the ballot pamphlets. In selecting the argument the Secretary of
State shall give preference and priority in the order named to the
arguments of the following:
(a) In the case of a measure submitted by the Legislature, Members
of the Legislature.
(b) In the case of an initiative or referendum measure, the
proponent of the petition.
(c) Bona fide associations of citizens.
(d) Individual voters.
(a) No more than three signatures shall appear with any
argument printed in the ballot pamphlet. In case any argument is
signed by more than three persons the signatures of the first three
shall be printed.
(b) The Secretary of State shall provide, upon request, the name
of, and a telephone number for, each signer of a ballot argument
printed in the ballot pamphlet.
When the Secretary of State has received the arguments that
will be printed in the ballot pamphlet, the Secretary of State,
within five days of receipt thereof, shall send copies of the
arguments in favor of the proposition to the authors of the arguments
against and copies of the arguments against to the authors of the
arguments in favor. The authors may prepare and submit rebuttal
arguments not exceeding 250 words, or may authorize in writing any
other person or persons to prepare, submit, or sign the rebuttal
argument. The rebuttal arguments shall be filed with the Secretary of
State no later than a date to be designated by the Secretary of
State.
Rebuttal arguments shall be printed in the same manner as the
direct arguments. Each rebuttal argument shall immediately follow the
direct argument which it seeks to rebut.