AB 809: Local initiative measures: ballot printing specifications.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-09-28
Existing law requires that the ballots used when voting on a proposed county, city, or district ordinance submitted to the voters as an initiative measure have printed on them specified text relating to the proposed ordinance and dictates the placement of that text.
This bill would also require that if the ordinance proposes to impose a tax or raise the rate of a tax to be levied, the ballot include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied. By imposing new duties on local elections officials, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires that the ballots used when voting on a proposed county, city, or district ordinance submitted to the voters as an initiative measure have printed on them specified text relating to the proposed ordinance and dictates the placement of that text.
This bill would also require that if the ordinance proposes to impose a tax or raise the rate of a tax to be levied, the ballot include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied. By imposing new duties on local elections officials, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law requires that the ballots used when voting on a proposed county, city, or district ordinance submitted to the voters as an initiative measure have printed on them specified text relating to the proposed ordinance and dictates the placement of that text.
This bill would also require that if the ordinance proposes to impose a tax or raise the rate of a tax to be levied, the ballot include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied. By imposing new duties on local elections officials, the bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law generally requires that an election for a county, municipal, or district initiative measure that qualifies for the local ballot pursuant to specified procedures be held not less than 88 nor more than 103 days after the date of the order of election, except as specified.
This bill would make technical, nonsubstantive changes to this provision.
Existing law generally requires that an election for a county, municipal, or district initiative measure that qualifies for the local ballot pursuant to specified procedures be held not less than 88 nor more than 103 days after the date of the order of election, except as specified.
This bill would make technical, nonsubstantive changes to this provision.
(a)The ballots used when voting upon a proposed county, city, or district ordinance submitted to the voters of the respective local government as an initiative measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words Shall the ordinance (stating the nature thereof) be adopted? Opposite the statement of the ordinance to be voted on, and to its right, the words Yes and No shall be printed on separate lines, with voting squares. If a voter stamps a cross (+) in the voting square after the printed word Yes, his or her vote shall be counted in favor of the adoption of the ordinance. If he or she stamps a cross (+) in the voting square after the printed word No, his or her vote shall be counted against its adoption.
(b)If the proposed ordinance imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The ballots used when voting upon a proposed county, city, or district ordinance submitted to the voters of the respective local government as an initiative measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words Shall the ordinance (stating the nature thereof) be adopted? Opposite the statement of the ordinance to be voted on, and to its right, the words Yes and No shall be printed on separate lines, with voting squares. If a voter stamps a cross (+) in the voting square after the printed word Yes, his or her vote shall be counted in favor of the adoption of the ordinance. If he or she stamps a cross (+) in the voting square after the printed word No, his or her vote shall be counted against its adoption.
(b)If the proposed ordinance imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)The ballots used when voting upon a proposed county, city, or district ordinance submitted to the voters of the respective local government as an initiative measure pursuant to Division 9 (commencing with Section 9000) shall have printed on them the words Shall the ordinance (stating the nature thereof) be adopted? Opposite the statement of the ordinance to be voted on, and to its right, the words Yes and No shall be printed on separate lines, with voting squares. If a voter stamps a cross (+) in the voting square after the printed word Yes, his or her vote shall be counted in favor of the adoption of the ordinance. If he or she stamps a cross (+) in the voting square after the printed word No, his or her vote shall be counted against its adoption.
(b)If the proposed ordinance imposes a tax or raises the rate of a tax, the ballot shall include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SECTION 1.Section 1405 of the Elections Code is amended to read:1405.(a)Except as provided below, the election for a county, municipal, or district initiative that qualifies pursuant to Section 9116, 9214, or 9310 shall be held not less than 88 nor more than 103 days after the date of the order of election.
(1)When it is legally possible to hold a special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310 within 180 days prior to a regular or special election that occurs wholly or partially within the same territory, the election on the initiative measure may be held on the same date as, and be consolidated with, that regular or special election.
(2)When it is legally possible to hold a special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310 during the period between a regularly scheduled statewide direct primary election and a regularly scheduled statewide general election in the same year, the election on the initiative measure may be held on the same date as, and be consolidated with, the statewide general election.
(3)To avoid holding more than one special election within any 180-day period, the date for holding the special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310, may be fixed later than 103 days but at a date as early as practicable after the expiration of 180 days from the last special election.
(4)Not more than one special election for an initiative measure that qualifies pursuant to Section 9116, 9214, or 9310 may be held by a jurisdiction during any period of 180 days.
(b)The election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9311 shall be held at the jurisdictions next regular election occurring not less than 88 days after the date of the order of election.
(a)Except as provided below, the election for a county, municipal, or district initiative that qualifies pursuant to Section 9116, 9214, or 9310 shall be held not less than 88 nor more than 103 days after the date of the order of election.
(1)When it is legally possible to hold a special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310 within 180 days prior to a regular or special election occurring that occurs wholly or partially within the same territory, the election on the initiative measure may be held on the same date as, and be consolidated with, that regular or special election.
(2)When it is legally possible to hold a special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310 during the period between a regularly scheduled statewide direct primary election and a regularly scheduled statewide general election in the same year, the election on the initiative measure may be held on the same date as, and be consolidated with, the statewide general election.
(3)To avoid holding more than one special election within any 180-day period, the date for holding the special election on an initiative measure that has qualified pursuant to Section 9116, 9214, or 9310, may be fixed later than 103 days but at as early a date as early as practicable after the expiration of 180 days from the last special election.
(4)Not more than one special election for an initiative measure that qualifies pursuant to Section 9116, 9214, or 9310 may be held by a jurisdiction during any period of 180 days.
(b)The election for a county initiative that qualifies pursuant to Section 9118 shall be held at the next statewide election occurring not less than 88 days after the date of the order of election. The election for a municipal or district initiative that qualifies pursuant to Section 9215 or 9311 shall be held at the jurisdictions next regular election occurring not less than 88 days after the date of the order of election.
|
Date
|
Status
|
|---|---|
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 57. Noes 8. Page 1546.) |
| Sep 28, 2015 | Chaptered by Secretary of State - Chapter 337, Statutes of 2015. |
| Sep 28, 2015 | Approved by the Governor. |
| Sep 3, 2015 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 2197.). |
| Aug 27, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Aug 27, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Aug 18, 2015 | Read second time. Ordered to third reading. |
| Aug 17, 2015 | From committee: Be placed on second reading file pursuant to Senate Rule 28.8. |
| Jul 8, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 0.) (July 7). Re-referred to Com. on APPR. |
| Jun 4, 2015 | Referred to Com. on E. & C.A. |
| Feb 26, 2015 | Read first time. To print. |
| May 22, 2015 | Read third time. Passed. Ordered to the Senate. |
| May 22, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 14, 2015 | Read second time. Ordered to third reading. |
| May 13, 2015 | From committee: Do pass. (Ayes 17. Noes 0.) (May 13). |
| Apr 29, 2015 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 3.) (April 29). Re-referred to Com. on APPR. |
| Apr 15, 2015 | In committee: Set, first hearing. Failed passage. Reconsideration granted. |
| Apr 6, 2015 | Re-referred to Com. on E. & R. |
| Mar 26, 2015 | Referred to Com. on E. & R. |
| Mar 26, 2015 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 27, 2015 | Assembly 3rd Reading AB809 Obernolte By Cannella | Senate Floor |
Passed |
|
| Jul 7, 2015 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 22, 2015 | AB 809 OBERNOLTE Assembly Third Reading | Assembly Floor |
Passed |
|
| May 13, 2015 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 29, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| Apr 15, 2015 | Reconsideration. | Assembly Standing Committee on Elections and Redistricting |
Passed |
|
| Apr 15, 2015 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Failed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Taxpayers' Association | ** Support | Aug 27, 2015 |
| Howard Jarvis Taxpayers Association | ** Support | Aug 27, 2015 |
AB 809
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 809
Amended: 3/26/15 in Assembly
SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 7/7/15
AYES: Allen, Hancock, Hertzberg, Liu
NO VOTE RECORDED: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 57-8, 5/22/15 - See last page for vote
SUBJECT: Local initiative measures: ballot printing specifications
SOURCE: Howard Jarvis Taxpayers Association
DIGEST: This bill requires the ballot, if a proposed local initiative imposes a tax or raises the rate of a tax, to include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate of the tax to be levied.
Existing law requires ballots used when voting upon a proposed county, city, or district ordinance submitted to voters of the respective local government as an initiative measure to have printed on them specified text relating to the proposed ordinance and dictates the placement of that text.
This bill requires the ballot, if a proposed local initiative imposes a tax or raises the rate of a tax, to include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
Background
Ballot Form: Existing law requires a ballot to comply with a variety of laws that dictate its form and content. For example, existing law requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. Moreover, existing law requires a ballot to be printed in a certain form, as specified. Once all of these requirements are met, there is limited space left on the ballot to accommodate further requirements. Consequently, it is common practice to include other important election information in the sample ballot or ballot pamphlet that is sent to all registered voters.
Comments
According to the author, California continues to rank at the bottom when it comes to transparency and access to government information. The citizens of California have a right to know how taxes will affect them and how those dollars are being spent. AB 809 takes a small step toward achieving this goal by requiring the ballot statement for local tax measures to include information on the amount of money to be raised annually and the rate and duration of the tax to be levied. This will help voters be better informed when making decisions that could impact their personal budgets.
Prior Legislation
AB 2551 (Wilk, Chapter 908, Statutes of 2014) requires each bond issue proposed by a county, city and county, district, or other political subdivision, or any agency, department, or board thereof, to include the best estimate from official sources of the total debt service, including the principal and interest that would be required to be repaid if all the bonds are issued and sold, and permits the estimate to include information about the assumptions used to determine the estimate.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
Howard Jarvis Taxpayers Association (source)
California Taxpayers Association
OPPOSITION: (Verified 8/17/15)
None received
ASSEMBLY FLOOR: 57-8, 5/22/15
AYES: Achadjian, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Brough, Brown, Calderon, Chang, Chau, Chávez, Chu, Cooley, Dababneh, Dahle, Daly, Dodd, Eggman, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Melendez, Mullin, Nazarian, Obernolte, Patterson, Quirk, Salas, Steinorth, Thurmond, Wagner, Wilk, Williams, Wood
NOES: Chiu, Cooper, Frazier, Gordon, Medina, Ridley-Thomas, Mark Stone, Ting
NO VOTE RECORDED: Alejo, Bonta, Burke, Campos, Gipson, Holden, O'Donnell, Olsen, Perea, Rendon, Rodriguez, Santiago, Waldron, Weber, Atkins
Prepared by: Frances Tibon Estoista / E. & C.A. / (916) 651-4106
8/18/15 17:03:13
AB 809 (Obernolte) Page 2 of 2
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Ben Allen, Chair
2015 - 2016 Regular
Bill No: AB 809 Hearing Date: 7/7/15
Author: |
Obernolte |
||
Version: |
3/26/15 |
||
Urgency: |
No |
Fiscal: |
Yes |
Consultant: |
Frances Tibon Estoista |
||
Subject: Local initiative measures: ballot printing specifications
DIGEST
Requires the ballot, if a proposed local initiative imposes a tax or raises the rate of a tax, to include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate of the tax to be levied.
ANALYSIS
Existing law requires ballots used when voting upon a proposed county, city, or district ordinance submitted to voters of the respective local government as an initiative measure to have printed on them specified text relating to the proposed ordinance and dictates the placement of that text.
This bill requires the ballot, if a proposed local initiative imposes a tax or raises the rate of a tax, to include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
BACKGROUND
Ballot Form: Existing law requires a ballot to comply with a variety of laws that dictate its form and content. For example, existing law requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. Moreover, existing law requires a ballot to be printed in a certain form, as specified. Once all of these requirements are met, there is limited space left on the ballot to accommodate further requirements. Consequently, it is common practice to include other important election information in the sample ballot or ballot pamphlet that is sent to all registered voters.
COMMENTS
According to the author, California continues to rank at the bottom when it comes to transparency and access to government information. The citizens of California have a right to know how taxes will affect them and how those dollars are being spent. AB 809 takes a small step toward achieving this goal by requiring the ballot statement for local tax measures to include information on the amount of money to be raised annually and the rate and duration of the tax to be levied. This will help voters be better informed when making decisions that could impact their personal budgets.
One-stop shop. The author contends that Californians have a right to know what they are voting on, especially when it involves tax increases that could have a significant impact on their financial position. While having this information may be helpful in determining how a local measure will raise taxes as well as providing the rate and duration of the tax levied, it may prove extremely challenging for elections officials to include more information on the ballot. Moreover, if the law allows for it, many local elections are consolidated with other elections as a cost saving measure. It is therefore even more likely the issue of ballot capacity becomes problematic with more data being added.
RELATED/PRIOR LEGISLATION
AB 2551 (Wilk, Chapter 908, Statutes of 2014), requires each bond issue proposed by a county, city and county, district, or other political subdivision, or any agency, department, or board thereof, to include the best estimate from official sources of the total debt service, including the principal and interest that would be required to be repaid if all the bonds are issued and sold, and permits the estimate to include information about the assumptions used to determine the estimate.
PRIOR ACTION
Assembly Floor: |
57 - 8 |
Assembly Appropriations Committee: |
17 - 0 |
Assembly Elections and Redistricting Committee: |
4 - 3 |
POSITIONS
Sponsor: Howard Jarvis Taxpayers Association
Support: California Taxpayers Association
Oppose: None received
-- END --
AB 809
Page 2
ASSEMBLY THIRD READING
AB 809
(Obernolte)
As Amended March 26, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
Elections |
4-3 |
Grove, Travis Allen, Gatto, Mullin |
Ridley-Thomas, Gordon, Perea |
Appropriations |
17-0 |
Gomez, Bigelow, Bloom, Bonta, Calderon, Chang, Daly, Eggman, Gallagher, Eduardo Garcia, Holden, Jones, Quirk, Rendon, Wagner, Weber, Wood |
|
SUMMARY: Requires the ballot, if a proposed local initiative imposes a tax or raises the rate of a tax, to include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
FISCAL EFFECT: According to the Assembly Appropriations Committee, any costs to add the statement would be minor and absorbable.
COMMENTS: According to the author, "California continues to rank at the bottom when it comes to transparency and access to government information. The citizens of California have a right to know how taxes will affect them and how those dollars are being spent. AB 809 takes a small step toward achieving this goal by requiring the ballot statement for local tax measures to include information on the amount of money to be raised annually and the rate and duration of the tax to be levied. This will help voters be better informed when making decisions that could impact their personal budgets."
Current law requires a ballot to comply with a variety of laws that dictate its form and content. For example, existing law requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. Moreover, current law requires a ballot to be printed in a certain form, as specified. Once all of these requirements are met, there is limited space left on the ballot to accommodate further requirements. Consequently, it is common practice to include other important election information in the sample ballot or ballot pamphlet that is sent to all registered voters.
This bill would add another requirement to the ballot for a proposed county, city, or district ordinance that is submitted to the voters as an initiative measure. This bill requires the ballot, if a proposed local ordinance imposes a tax or raises the rate of a tax, to include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied. According to the author's background materials, when citizens vote on local ballot measures, there is no requirement in law that the ballot label states either the amount of money to be raised by taxation or the rate of taxes to be levied. The author argues that Californians have a right to know what they are voting on, especially when it involves tax increases that could have a significant impact on their financial position.
While having this information may be helpful in determining how a local measure will raise taxes as well as providing the rate and duration of the tax levied, it will be extremely challenging for elections officials to include more information on the ballot. Moreover, if the law allows for it, many local elections are consolidated with other elections as a cost saving measure. Consequently, it is most likely that the ballot will have a variety of offices and measures to vote on, leaving less room on the ballot for more information to be added.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0000395
AB 809
Page 1
Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB 809
(Obernolte) – As Amended March 26, 2015
Policy Committee: |
Elections and Redistricting |
Vote: |
2 - 2 |
|
Elections and Redistricting |
|
6 - 0 |
|
Elections and Redistricting |
|
4 - 3 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires, if a local ordinance imposes a tax or raises an existing tax rate, that the ballot include a statement providing the amount of money to be raised annually and the rate and duration of the tax.
FISCAL EFFECT:
Any costs to add the statement would be minor and absorbable.
COMMENTS:
Purpose. According to the author, AB 809 is a small step toward providing greater transparency, and "will help voters be better informed when making decisions that could impact their personal budgets."
In support, the California Taxpayers Association states, "When voters are asked whether to support a tax, basic information about the tax should be abundantly clear on the ballot. While the ballot statements for tax ordinances may occasionally contain the rate and the sunset date of proposed taxes, this is not always the case…The most critical information of a tax proposal should be readily apparent, and should not be hidden from voters."
Prior Legislation. AB 2551 (Wilk), Chapter 908, Statutes of 2014, requires for each local bond measure, the statement mailed to voters with the sample ballot prior to include the best estimate from official sources of the total debt service.
Analysis Prepared by: Chuck Nicol / APPR. / (916) 319-2081
AB 809
Page 2
Date of Hearing: April 29, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 809
(Obernolte) – As Amended March 26, 2015
FOR VOTE ONLY
SUBJECT: Local initiative measures: ballot printing specifications.
SUMMARY: Requires the ballot, if a proposed local initiative imposes a tax or raises the rate of a tax, to include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
EXISTING LAW requires ballots used when voting upon a proposed county, city, or district ordinance submitted to voters of the respective local government as an initiative measure to have printed on them specified text relating to the proposed ordinance and dictates the placement of that text.
FISCAL EFFECT: Unknown. State-mandated local program: contains reimbursement direction.
COMMENTS:
Purpose of the Bill: According to the author:
California continues to rank at the bottom when it comes to transparency and access to government information. The citizens of California have a right to know how taxes will affect them and how those dollars are being spent. AB 809 takes a small step toward achieving this goal by requiring the ballot statement for local tax measures to include information on the amount of money to be raised annually and the rate and duration of the tax to be levied. This will help voters be better informed when making decisions that could impact their personal budgets.
Ballot Form: Current law requires a ballot to comply with a variety of laws that dictate its form and content. For example, existing law requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. Moreover, current law requires a ballot to be printed in a certain form, as specified. Once all of these requirements are met, there is limited space left on the ballot to accommodate further requirements. Consequently, it is common practice to include other important election information in the sample ballot or ballot pamphlet that is sent to all registered voters.
This bill would add another requirement to the ballot for a proposed county, city, or district ordinance that is submitted to the voters as an initiative measure. This bill requires the ballot, if a proposed local ordinance imposes a tax or raises the rate of a tax, to include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied. According to the author's background materials, when citizens vote on local ballot measures, there is no requirement in law that the ballot label states either the amount of money to be raised by taxation or the rate of taxes to be levied. The author argues that Californians have a right to know what they are voting on, especially when it involves tax increases that could have a significant impact on their financial position.
While having this information may be helpful in determining how a local measure will raise taxes as well as providing the rate and duration of the tax levied, it will be extremely challenging for elections officials to include more information on the ballot. Moreover, if the law allows for it, many local elections are consolidated with other elections as a cost saving measure. Consequently, it is most likely that the ballot will have a variety of offices and measures to vote on, leaving less room on the ballot for more information to be added.Arguments in Support: In support of this bill, the California Taxpayers Association, writes:
When
voters are asked whether to support a tax, basic information about
the tax should be abundantly clear on the ballot. While the ballot
statements for tax ordinances may occasionally contain the rate and
the sunset date of proposed taxes, this is not always the case…The
most critical information of a tax proposal should be readily
apparent, and should not be hidden from voters.
Previous Legislation: AB 2551 (Wilk), Chapter 908, Statutes of 2014, requires each bond issue proposed by a county, city and county, district, or other political subdivision, or any agency, department, or board thereof, to include the best estimate from official sources of the total debt service, including the principal and interest that would be required to be repaid if all the bonds are issued and sold, and permits the estimate to include information about the assumptions used to determine the estimate.
Prior Consideration: This bill was heard by this committee on April 15, 2015 and failed on a 2-2 vote. It was subsequently granted reconsideration on a 6-0 vote. Because the committee has already heard testimony on this bill, and the bill has not been amended since, it is being heard in committee today for vote only.
REGISTERED SUPPORT / OPPOSITION:
Support
Howard Jarvis Taxpayers Association (sponsor)
California Taxpayers Association
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
AB 809
Page 2
Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Sebastian Ridley-Thomas, Chair
AB 809
(Obernolte) – As Amended March 26, 2015
SUBJECT: Local initiative measures: ballot printing specifications.
SUMMARY: Requires the ballot, if a proposed local initiative imposes a tax or raises the rate of a tax, to include in the statement of the ordinance to be voted on the amount of money to be raised annually and the rate and duration of the tax to be levied.
EXISTING LAW requires ballots used when voting upon a proposed county, city, or district ordinance submitted to voters of the respective local government as an initiative measure to have printed on them specified text relating to the proposed ordinance and dictates the placement of that text.
FISCAL EFFECT: Unknown. State-mandated local program: contains reimbursement direction.
COMMENTS:
Purpose of the Bill: According to the author:
California continues to rank at the bottom when it comes to transparency and access to government information. The citizens of California have a right to know how taxes will affect them and how those dollars are being spent. AB 809 takes a small step toward achieving this goal by requiring the ballot statement for local tax measures to include information on the amount of money to be raised annually and the rate and duration of the tax to be levied. This will help voters be better informed when making decisions that could impact their personal budgets.
Ballot Form: Current law requires a ballot to comply with a variety of laws that dictate its form and content. For example, existing law requires a ballot to contain the title of each office, the names of all qualified candidates, as specified, ballot designations, as specified, titles and summaries of measures submitted to voters, and instructions to voters, among other things. Moreover, current law requires a ballot to be printed in a certain form, as specified. Once all of these requirements are met, there is limited space left on the ballot to accommodate further requirements. Consequently, it is common practice to include other important election information in the sample ballot or ballot pamphlet that is sent to all registered voters.
This bill would add another requirement to the ballot for a proposed county, city, or district ordinance that is submitted to the voters as an initiative measure. This bill requires the ballot, if a proposed local ordinance imposes a tax or raises the rate of a tax, to include in the statement of the ordinance the amount of money to be raised annually and the rate and duration of the tax to be levied. According to the author's background materials, when citizens vote on local ballot measures, there is no requirement in law that the ballot label states either the amount of money to be raised by taxation or the rate of taxes to be levied. The author argues that Californians have a right to know what they are voting on, especially when it involves tax increases that could have a significant impact on their financial position.
While having this information may be helpful in determining how a local measure will raise taxes as well as providing the rate and duration of the tax levied, it will be extremely challenging for elections officials to include more information on the ballot. Moreover, if the law allows for it, many local elections are consolidated with other elections as a cost saving measure. Consequently, it is most likely that the ballot will have a variety of offices and measures to vote on, leaving less room on the ballot for more information to be added.Arguments in Support: In support of this bill, the California Taxpayers Association, writes:
When
voters are asked whether to support a tax, basic information about
the tax should be abundantly clear on the ballot. While the ballot
statements for tax ordinances may occasionally contain the rate and
the sunset date of proposed taxes, this is not always the case…The
most critical information of a tax proposal should be readily
apparent, and should not be hidden from voters.
Previous Legislation: AB 2551 (Wilk), Chapter 908, Statutes of 2014, requires each bond issue proposed by a county, city and county, district, or other political subdivision, or any agency, department, or board thereof, to include the best estimate from official sources of the total debt service, including the principal and interest that would be required to be repaid if all the bonds are issued and sold, and permits the estimate to include information about the assumptions used to determine the estimate.
REGISTERED SUPPORT / OPPOSITION:
Support
Howard Jarvis Taxpayers Association (sponsor)
California Taxpayers Association
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Discussed in Hearing
1MIN
Senate Floor
2MIN
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):