February 24, 2010
Pursuant to Elections Code Section 9005, we have
reviewed the proposed statutory initiative related to the ballot
preparation process (A.G. File No. 10‑0002).
Background
Preparation of a Measure for the State
Ballot. Under state law, several state officials have
responsibilities related to measures for the statewide ballot. The
Attorney General is charged with preparing a ballot title, ballot label,
and ballot title and summary, which summarizes the main provisions of
each measure. In some instances, the Legislature writes the title and
summary for proposed measures put on the ballot through statute. The
Legislative Analyst is charged with providing the fiscal effect
estimate—included in both the ballot label and the ballot title and
summary—as well as the analysis of each measure that is included in the
ballot pamphlet. The Secretary of State compiles information and
distributes the ballot pamphlet. The Secretary of State also assigns
ballot measures their proposition numbers.
Proposal
Legislature Barred From Preparing Certain
Ballot Materials. Under this measure, the Legislature is
prohibited from writing the ballot title and summary or ballot labels
for measures it places on the ballot.
Legislative Analyst to Write Ballot Label
and Ballot Title and Summary. The proposal moves the duty to
write the ballot label and ballot title and summary from the Attorney
General to the Legislative Analyst. In considering challenges to ballot
materials, the courts would not be allowed to give deference to the
Legislative Analyst.
Specific Information Required to Be in
Ballot Label and Ballot Title and Summary. This proposal
requires a ballot label and a ballot title and summary to include
whether a proposed ballot measure creates or increases a fee or tax,
repeals existing laws in any substantial manner, or is linked to any
other measure or statute, among other requirements.
Fiscal Effect
No Significant Change in Ballot Preparation
Costs. The proposed changes to the ballot preparation process
would shift costs between affected state departments. This shifting of
costs likely would result in no significant overall changes in ballot
preparation costs.
Summary of Fiscal Effect
This measure would have the following fiscal
impact:
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