May 10, 2011

Pursuant to Elections Code Section 9005, we have reviewed the proposed constitutional initiative related to the secret ballot (A.G. File No. 11-0005).

Background

A secret ballot is a voting method that ensures that voters’ choices in an election are confidential. The California Constitution requires that voters use a secret ballot when voting in all local, statewide, and federal elections and referenda.

Secret Ballot for Employee Representation. State law requires state employees to use a secret ballot to elect an organization to serve as the employees’ exclusive representative, but allows local government and higher education employees to use a secret ballot or have their employer recognize the union after reviewing authorization cards or other signs of employee support.

Major Provisions

This measure requires that a secret ballot be used for all local, state, or federal elections and all authorizations of employee representation.

Fiscal Effect

State and local governments could experience increased costs to use a secret ballot for authorizations of employee representation. These costs are not known, but probably would not be significant.

Fiscal Summary. This measure would have the following fiscal effect:

• Potential increased costs on state and local governments. These costs are not known, but probably would not be significant.