California Senate Bill SB654 Amended / Bill

 BILL NUMBER: SB 654AMENDED BILL TEXT AMENDED IN ASSEMBLY SEPTEMBER 3, 2013 AMENDED IN ASSEMBLY JUNE 26, 2013 AMENDED IN SENATE MAY 24, 2013 AMENDED IN SENATE APRIL 1, 2013 INTRODUCED BY Senators Leno and Padilla (Coauthors: Senators Hancock and Yee) FEBRUARY 22, 2013 An act to amend Sections 336, 9002,  9004, and 9006   and 9004  of, and to add Sections 9023 and 11042.5 to, the Elections Code, relating to elections. LEGISLATIVE COUNSEL'S DIGEST SB 654, as amended, Leno. Ballot measure petitions:  recall petitions:  translations.  (1) Existing law, the federal Voting Rights Act of 1965, requires the state and certain counties to provide voting materials in languages other than English, as specified.   (1)    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 purpose and points of the proposed measure. Existing law requires the Attorney General to provide a copy of the circulating title and summary of a proposed initiative measure to the proponents of the measure and the Secretary of State within 15 days, as specified.  Existing law requires the Attorney General to provide a copy of the circulating title and summary of a proposed referendum measure to the proponents of the measure and the Secretary of State within 10 days after receipt of the proposed referendum.  Existing law specifies that the official summary date of a proposed measure is the date a circulating title and summary is delivered or mailed by the Attorney General to the proponents of the proposed measure. This bill would require the Attorney General to provide a notice to the proponents stating that, if the proponents intend to circulate the petition for the proposed initiative  or referendum  measure, the proponents shall  submit a list of specified counties in which the petition will be circulated. This bill would require the proponents of a proposed initiative or referendum measure to submit a list of specified counties in which the petition will be circulated no later than 5 days after receipt of the circulating title and summary. Upon submission of the list,   notify the Attorney General, in the manner prescribed by the Attorney General, of their intention to circulate. Upon receipt of the proponents' notice of intention to circulate,  this bill would require the Attorney General to prepare a translation of the circulating title and summary of the proposed initiative  or referendum  measure in  a language other than English under certain circumstances   each   language in which the state or a county is required to provide voting materials pursuant to the federal Voting Rights Act of 1965  . This bill would require the Attorney General to provide a copy of each translation to the proponents and the Secretary of State, as specified.  If   This bill would provide   that if  the proponents of a proposed initiative  or referendum  measure do not submit  a list of specified counties in which the petition will be circulated, this bill would require the Attorney General to notify the Secretary of State of that fact.   a notice of intention to circulate, the proponents' request for a circulating title and summary shall be deemed withdrawn and the petition shall not be circulated for signature.  This bill would specify that the official summary date of a proposed initiative  or referendum  measure is the date a copy of each translation of the circulating title and summary is delivered or mailed to the  proponents, or the date the Secretary of State receives a notice that the proponents did not submit a list of specified counties, as applicable.   proponents.  (2) Existing law permits any person who is a voter or who is qualified to register to vote in the state to circulate an initiative  or referendum  petition for signature and imposes certain requirements on these circulators.  If an initiative or referendum petition is circulated in a specified county, this   This  bill would require a copy of the applicable translated circulating title and summary prepared by the Attorney General to be attached to the petition and  made  available to each person whom the circulator solicits in that language to sign the  petition. This bill would also require a circulator to provide a copy of the applicable translated circulating title and summary   petition and  to any  other  person upon request. (3) Existing provisions of the California Constitution and statute authorize the recall of state officers. Existing law requires the proponents of the recall to file 2 blank copies of the petition to recall the officer with the Secretary of State, who is required to ascertain if the proposed form and wording of the petition meet specified requirements.  This bill would require the proponents of a recall of a state officer, at the time of filing the 2 blank copies of the petition with the Secretary of State, to submit a list of specified counties in which the recall petition will be circulated. If the proponents submit this list of counties, this bill would require the Secretary of State, within 10 days after ascertaining that the proposed form and wording of the recall petition meet specified requirements, to prepare a translation of the petition in each applicable minority language of the counties identified by the proponents, and provide a copy of each translation to the proponents.   This bill would require the Secretary of State to prepare a translation of the petition for the recall of a state officer in each language in which the state or a county, as specified, is required to provide voting materials pursuant to the federal Voting Rights Act of 1965. This bill would require the Secretary of State, within 10 days after ascertaining that the proposed form and wording of the recall petition meet specified requirements, to provide a copy of each translation to the proponents.  (4) Existing law requires a recall petition to use a specified format and contain certain information. Under existing law, any person who is a registered voter of the electoral jurisdiction of the officer sought to be recalled may circulate the recall petition for signatures. If a recall petition is circulated in a specified county, this bill would require a copy of the applicable translation of the petition prepared by the Secretary of State to be attached to the petition and  made  available to each person whom the circulator solicits in that language to sign the  petition. This bill would also require the circulator to provide a copy of the translation of the petition   petition and  to any person upon request. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) California is a diverse state with a government selected by the votes of its citizens. The state's robust initiative process is designed to put lawmaking in the hands of the people, and continues to play an important role in setting public policy with regard to education, civil rights, fiscal policy, and other issues that affect the lives of all Californians, including the state's 6.9 million limited-English-proficient residents. The referendum and recall processes also play an important role in developing public policy. (b) The signature-gathering phase to qualify these proposed measures for the ballot is an integral part of the state's electoral system. (c) The federal Voting Rights Act of 1965 (42 U.S.C. Sec. 1971 et seq.) prohibits discriminatory voting practices and protects the rights of voters with limited English proficiency by requiring covered jurisdictions to provide voting materials in the  language   languages  of specified minority groups. However, ballot measure petitions, which are circulated for signature in hopes of qualifying a measure for the ballot, are not  required to be provided in other languages under existing law   provided in languages other than English  . As a result, millions of voters with limited English proficiency are excluded from playing a role in determining which proposed measures qualify for the ballot. (d) The provision of translated versions of circulating titles and summaries of initiative  and referendum  measures, and of translated versions of recall petitions, will further the purpose of the federal Voting Rights Act of 1965 and ensure that voters with limited English proficiency have the ability to exercise their fundamental democratic rights.  SEC. 2.   Section 336 of the Elections Code is amended to read: 336. "Official summary date" means either of the following: (a) The date a copy of each translation of a circulating title and summary of a proposed initiative or referendum measure is delivered or mailed by the Attorney General to the proponents of the proposed measure. (b) The date the Secretary of State receives a notice from the Attorney General that the proponents of a proposed initiative or referendum measure did not submit a list of counties in accordance with subdivision (c) of Section 9004 or subdivision (c) of Section 9006.   SEC. 2.   Section 336 of the   Elections Code   is amended to read: 336. The "official summary date" is the date  a copy of the translations of  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. SEC. 3. Section 9002 of the Elections Code is amended to read: 9002. (a) The Attorney General shall provide a copy of the title and summary to the Secretary of State and the proponents within 15 days after receipt of the final version of a proposed initiative measure, or, if a fiscal estimate or opinion is to be included, within 15 days after receipt of the fiscal estimate or opinion prepared by the Department of Finance and the Joint Legislative Budget Committee pursuant to Section 9005. If during the 15-day period the proponents of the proposed initiative measure submit amendments, other than technical, nonsubstantive amendments, to the final version of the measure, the Attorney General shall provide a copy of the title and summary to the Secretary of State within 15 days after receipt of the amendments. (b) The amendment shall be submitted with a signed request by all the proponents to prepare a circulating title and summary using the amended language. (c) The amendment shall 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. SEC. 4. Section 9004 of the Elections Code is amended to read: 9004. (a) Upon receipt of the text of a proposed initiative measure, 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 a total of 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 hereby made 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 Secretary of State and the proponents within 15 days, as specified in Section 9002.  The   For each request for a circulating title and summary received by the Attorney General on or after January 1, 2014, the  Attorney General shall include with the copy of the circulating title and summary a notice stating that, if the proponents intend to circulate the proposed initiative measure, the proponents shall, no later than five  business  days after receipt of the copy of the circulating title and summary,  submit to the Attorney General a list of the counties in which the petition will be circulated that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b (f)(4)) of the federal Voting Rights Act of 1965.   notify the Attorney General, in the manner prescribed by the Attorney General, of their intention to circulate the petition.  (c)  (1)    If the   proponents intend to circulate the initiative measure petition, the proponents shall, no later than five  business  days after receipt of the copy of the circulating title and summary,  submit to the Attorney General a list of the counties in which the petition will be circulated that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f) (4)) of the federal Voting Rights Act of 1965. Upon   notify the Attorney General, in the manner prescribed by the Attorney General, of their intention to circulate the petition.  (d)     (1)     Upon  receipt of the  list of counties,   proponents' notice of intention to circulate,  the Attorney General shall prepare a translation of the circulating title and summary of the proposed initiative measure in  each applicable minority language for the counties identified by the proponents that are covered by   each language in which the state or a county is required to provide voting materials pursuant to  Section 203 (42 U.S.C. Sec. 1973aa-1a)  or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4))  of the federal Voting Rights Act of 1965. The Attorney General shall provide a copy of each translation to the proponents  and the Secretary of State  no later than 10 days after receipt of the  list of counties.   notice of intention to circulate.   The date the copy of each translation is delivered or mailed to the proponents is the "official summary date."   (2) The Attorney General shall provide a copy of the list of counties identified by the proponents and each translation of the circulating title and summary to the Secretary of State within 10 days after receipt of the list of counties identified by the proponents.   (d) If the proponents do not submit a list of counties in accordance with subdivision (c), the Attorney General shall notify the Secretary of State of that fact. The date upon which the Secretary of State receives a notice from the Attorney General that the proponents did not submit a list of counties in accordance with subdivision (c) is the "official summary date."   (e)   (2)  Upon receipt of each translation of the circulating title and summary from the Attorney General,  or upon receipt of the notice that the proponents did not submit a list of counties in accordance with subdivision (c),  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  and each applicable translation  to each county elections official.  The Secretary of State shall also provide the relevant translation to the county elections official in each county identified by the proponents, if applicable.  The notification provided pursuant to this  subdivision   paragraph  shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.  (e) If the proponents do not notify the Attorney General of their intention to circulate the petition in accordance with subdivision (c), the Attorney General shall notify the Secretary of State of that fact, the proponents' request for a circulating title and summary shall be deemed withdrawn, and the petition shall not be circulated for signature.   SEC. 5.   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 Secretary of State and the proponents within 10 days after receipt of the proposed referendum. The Attorney General shall include with the copy of the circulating title and summary a notice stating that, if the proponents intend to circulate the proposed referendum measure, the proponents shall, no later than five days after receipt of the copy of the circulating title and summary, submit to the Attorney General a list of the counties in which the petition will be circulated that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f) (4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965. (c) (1) If the proponents intend to circulate the referendum measure petition, the proponents shall, no later than five days after receipt of the copy of the circulating title and summary, submit to the Attorney General a list of the counties in which the petition will be circulated that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965. Upon receipt of the list of counties, the Attorney General shall prepare a translation of the circulating title and summary of the proposed referendum measure in each applicable minority language for the counties identified by the proponents that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965. The Attorney General shall provide a copy of each translation to the proponents no later than 10 days after receipt of the list of counties. The date the copy of each translation is delivered or mailed to the proponents is the "official summary date." (2) The Attorney General shall provide a copy of the list of counties identified by the proponents and each translation of the circulating title and summary to the Secretary of State within 10 days after receipt of the list of counties identified by the proponents. (d) If the proponents do not submit a list of counties in accordance with subdivision (c), the Attorney General shall notify the Secretary of State of that fact. The date upon which the Secretary of State receives a notice from the Attorney General that the proponents did not submit a list of counties in accordance with subdivision (c) is the "official summary date." (e) Upon receipt of each translation of the circulating title and summary from the Attorney General, or upon receipt of the notice that the proponents did not submit a list of counties in accordance with subdivision (c), 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. The Secretary of State shall also provide the relevant translation to the county elections official in each county identified by the proponents, if applicable. The notification provided pursuant to this subdivision shall also include a complete schedule showing the maximum filing deadline, and the certification deadline by the counties to the Secretary of State.   SEC. 6.   SEC. 5.  Section 9023 is added to the Elections Code, to read: 9023. In the event that the circulator of an initiative  or referendum  petition circulates the petition in a county covered by Section 203 (42 U.S.C. Sec. 1973aa-1a)  or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4))  of the federal Voting Rights Act of 1965, a copy of the applicable translated circulating title and summary prepared by the Attorney General shall be attached to the petition and  made  available to each person whom the circulator solicits in that language to sign the  petition. The circulator shall also provide a copy of the applicable translated circulating title and summary   petition and  to any  other  person upon request.  SEC. 7.  SEC. 6.  Section 11042.5 is added to the Elections Code, to read: 11042.5. (a) This section applies only to the recall of state officers.  (b) At the time of the filing of two blank copies of the petition pursuant to Section 11042, the proponents shall also submit to the Secretary of State a list of the counties in which the petition will be circulated that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4)) of the federal Voting Rights Act of 1965.   (c) If the proponents submit a list of counties pursuant to subdivision (b), the Secretary of State, within 10 days after ascertaining that the proposed form and wording of the petition meet the requirements of this chapter, shall prepare a translation of the petition in each applicable minority language for the counties identified by the proponents that are covered by Section 203 (42 U.S.C. Sec. 1973aa-1a) or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f) (4)) of the federal Voting Rights Act of 1965, and provide a copy of each translation to the proponents.   (b) (1) Except as provided in paragraph (2), the Secretary of State shall prepare a translation of the petition in each language in which the state or a county is required to provide voting materials pursuant to Section 203 (42 U.S.C. Sec. 1973aa-1a) of the federal Voting Rights Act of 1965.   (2) If the officer sought to be recalled is a State Senator, Member of the Assembly, Member of the Board of Equalization, or justice of a court of appeal, the Secretary of State shall prepare a translation of the petition in each language in which the state or a county included within the officer's electoral jurisdiction is required to provide voting materials pursuant to Section 203 (42 U.S.C. Sec. 1973aa-1a) of the federal Voting Rights Act of 1965.   (c) The Secretary of State shall provide a copy of each translation to the proponents within 10 days after ascertaining that the proposed form and wording of the petition meet the requirements of this chapter.  (d) If a recall petition is circulated in a county covered by Section 203 (42 U.S.C. Sec. 1973aa-1a)  or Section 4(f)(4) (42 U.S.C. Sec. 1973b(f)(4))  of the federal Voting Rights Act of 1965, a copy of the applicable translation of the petition prepared by the Secretary of State shall be attached to the petition and  made  available to each person whom the circulator solicits in that language to sign the petition. The circulator shall also provide a copy of the applicable translation of the petition   petition and  to any  other  person upon request.