AB 606: State voter information guides.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-11
Existing law requires the Secretary of State to prepare and mail to voters a state voter information guide that includes, among other things, a copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. Existing law requires the Secretary of State to make available the complete contents of the state voter information guide over the Internet. Existing law also requires the Secretary of State to establish procedures to allow a voter to opt out of receiving the state voter information guide by mail and, instead, to either receive the guide in an electronic format or receive an electronic notification making the guide available by means of online access.
This bill would require the Secretary of State to instead include before each state measure a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise, as specified. The bill would require that the electronic version of the state voter information guide include an active hyperlink for each cited Uniform Resource Locator. The bill would make conforming changes.
Existing law requires the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives.
The bill would authorize the Secretary of State to electronically send election information, including information contained within the state voter information guide, to a voter if specified requirements are met. The bill would additionally authorize the Secretary of State to utilize affidavit of voter registration information for these purposes.
Existing law requires the Secretary of State to prepare and mail to voters a state voter information guide that includes, among other things, a copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. Existing law requires the Secretary of State to make available the complete contents of the state voter information guide over the Internet. Existing law also requires the Secretary of State to establish procedures to allow a voter to opt out of receiving the state voter information guide by mail and, instead, to either receive the guide in an electronic format or receive an electronic notification making the guide available by means of online access.
This bill would require the Secretary of State to instead include before each state measure a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise, as specified. The bill would require that the electronic version of the state voter information guide include an active hyperlink for each cited Uniform Resource Locator. The bill would make conforming changes.
Existing law requires the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives.
The bill would authorize the Secretary of State to electronically send election information, including information contained within the state voter information guide, to a voter if specified requirements are met. The bill would additionally authorize the Secretary of State to utilize affidavit of voter registration information for these purposes.
Existing law requires the Secretary of State to prepare and mail to voters a state voter information guide that includes, among other things, a copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. Existing law requires the Secretary of State to make available the complete contents of the state voter information guide over the Internet. Existing law also requires the Secretary of State to establish procedures to allow a voter to opt out of receiving the state voter information guide by mail and, instead, to either receive the guide in an electronic format or receive an electronic notification making the guide available by means of online access.
This bill would require the Secretary of State to instead include before each state measure a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise, as specified. The bill would require that the electronic version of the state voter information guide include an active hyperlink for each cited Uniform Resource Locator. The bill would make conforming changes.
Existing law requires the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessability of information on statewide candidates and ballot initiatives.
The bill would authorize the Secretary of State to electronically send election information, including information contained within the state voter information guide, to a voter if specified requirements are met. The bill would additionally authorize the Secretary of State to utilize affidavit of voter registration information for these purposes.
Existing law requires the Secretary of State to prepare and mail to voters a state voter information guide that includes, among other things, a copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise. Existing law requires the Secretary of State to make available the complete contents of the state voter information guide over the Internet. Existing law also requires the Secretary of State to establish procedures to allow a voter to opt out of receiving the state voter information guide by mail and, instead, to either receive the guide in an electronic format or receive an electronic notification making the guide available by means of online access.
This bill would allow the Secretary of State to use the online version of the state voter information guide for purposes of providing the guide to a voter in an electronic format or making the guide available by means of online access. require the Secretary of State to instead include before each state measure a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise, as specified. The bill would require that the electronic version of the state voter information guide include an active hyperlink for each cited Uniform Resource Locator. The bill would also make other nonsubstantive make conforming changes.
Existing law requires the Secretary of State to develop a program to utilize modern communications and information processing technology to enhance the availability and accessability of information on statewide candidates and ballot initiatives.
The bill would authorize the Secretary of State to electronically send election information, including information contained within the state voter information guide, to a voter if specified requirements are met. The bill would additionally authorize the Secretary of State to utilize affidavit of voter registration information for these purposes.
Existing law requires the Secretary of State to prepare and mail to voters a state voter information guide. Existing law requires the Secretary of State to make available the complete contents of the state voter information guide over the Internet. Existing law also requires the Secretary of State to establish procedures to allow a voter to opt out of receiving the state voter information guide by mail and, instead, to either receive the guide in an electronic format or receive an electronic notification making the guide available by means of online access.
This bill would allow the Secretary of State to use the online version of the state voter information guide for purposes of providing the guide to a voter in an electronic format or making the guide available by means of online access. The bill would also make other nonsubstantive changes.
(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(4)May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 2.Section 9084 of the Elections Code is amended to read:9084.The state voter information guide shall contain all of the following:
(a)A complete copy of each state measure.
(b)Before each state measure, a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise.
(c)A copy of the arguments and rebuttals for and against each state measure.
(d)A copy of the analysis of each state measure.
(e)Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the state voter information guide easier to understand or more useful for the average voter.
(f)A notice, conspicuously printed on the cover of the state voter information guide, indicating that additional copies of the state voter information guide will be mailed by the county elections official upon request.
(g)A written explanation of the judicial retention procedure as required by Section 9083.
(h)The Voter Bill of Rights pursuant to Section 2300.
(i)If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state voter information guide that does not exceed 250 words. The statement shall not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state voter information guide.
(j)If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.
(k)If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of States Internet Web site for information about candidates for the offices of President and Vice President of the United States.
(l)A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.
(m)A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public.
SEC. 3.Section 9086 of the Elections Code is amended to read:9086.The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:
(a)(1)Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:
(A)Identification of the measure by number and title.
(B)The official summary prepared by the Attorney General.
(C)The total number of votes cast for and against the measure in both the State Senate and Assembly, if the measure was passed by the Legislature.
(2)The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b)Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst if the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c)Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of States Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committees top 10 contributors.
(d)Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments.
(e)If an argument against the measure has not been submitted, the argument for the measure shall appear on the right page facing the analysis.
(f)Before each state measure, a conspicuous notice identifying the location on the Secretary of States Internet Web site of the complete text of the state measure. The Secretary of States Internet Web Site shall contain the provisions of the proposed measure and the existing laws repealed or revised by the measure. The provisions of the proposed measure differing from the existing laws affected shall be distinguished in print, so as to facilitate comparison. There shall be printed immediately below each state measure, in no less than 10-point bold type, a legend substantially as follows: If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you.
(g)The following statement shall be printed at the bottom of each page where arguments appear: Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.
SEC. 4.Section 9094.5 of the Elections Code is amended to read:9094.5.(a)The Secretary of State shall establish processes to enable a voter to do both of the following:
(1)Opt out of receiving by mail the state voter information guide prepared pursuant to Section 9081.
(2)When the state voter information guide is available, receive either the state voter information guide in an electronic format or an electronic notification making the guide available by means of online access. The electronic version of the state voter information guide shall include an active hyperlink for each cited Uniform Resource Locator.
(b)The processes described in subdivision (a) do not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the state voter information guide by mail.
(c)The Secretary of State shall also establish a procedure to permit a voter to begin receiving the state voter information guide by mail again after the voter has discontinued receiving it pursuant to subdivision (a).
SEC. 5.Section 9096 of the Elections Code is amended to read:9096.(a)As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places:
(1)Five copies to each county elections official or registrar of voters.
(2)Six copies to each city elections official.
(3)Five copies to each Member of the Legislature.
(4)Five copies to the proponents of each ballot measure.
(b)The Secretary of State shall also mail:
(1)Two copies to each public library and branch of each public library.
(2)Twelve copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 copies to each public postsecondary educational institution. Upon request, and in the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions.
(c)No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter.
SEC. 6.Section 12173 of the Government Code is amended to read:12173.(a)The Secretary of States office shall develop a program to utilize electronic communications and enhance the availability and accessibility of information on statewide candidates and ballot initiatives. This includes making information available online as well as through other information processing technology.
(b)The Secretary of State may electronically send all of the following election information to a voter:
(1)The date of the election.
(2)The voter registration deadline.
(3)Other information that assists the voter in registering to vote or casting a ballot.
(4)Information contained within the state voter information guide pursuant to Section 9082.7.
(c)The Secretary of State may send the information identified in subdivision (b) using one or both of the following methods:
(1)By electronic mail if the Secretary of State has the voters email address and provides the voter with an opportunity to opt out of receiving communications.
(2)By text message to the voters electronic device if the voter has consented to receiving text messages and the voter has been provided with an opportunity to opt out of receiving communications.
(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(4)May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 2.Section 9084 of the Elections Code is amended to read:9084.The state voter information guide shall contain all of the following:
(a)A complete copy of each state measure.
(b)Before each state measure, a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise.
(c)A copy of the arguments and rebuttals for and against each state measure.
(d)A copy of the analysis of each state measure.
(e)Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the state voter information guide easier to understand or more useful for the average voter.
(f)A notice, conspicuously printed on the cover of the state voter information guide, indicating that additional copies of the state voter information guide will be mailed by the county elections official upon request.
(g)A written explanation of the judicial retention procedure as required by Section 9083.
(h)The Voter Bill of Rights pursuant to Section 2300.
(i)If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state voter information guide that does not exceed 250 words. The statement shall not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state voter information guide.
(j)If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.
(k)If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of States Internet Web site for information about candidates for the offices of President and Vice President of the United States.
(l)A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.
(m)A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public.
SEC. 3.Section 9086 of the Elections Code is amended to read:9086.The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:
(a)(1)Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:
(A)Identification of the measure by number and title.
(B)The official summary prepared by the Attorney General.
(C)The total number of votes cast for and against the measure in both the State Senate and Assembly, if the measure was passed by the Legislature.
(2)The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b)Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst if the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c)Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of States Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committees top 10 contributors.
(d)Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments.
(e)If an argument against the measure has not been submitted, the argument for the measure shall appear on the right page facing the analysis.
(f)Before each state measure, a conspicuous notice identifying the location on the Secretary of States Internet Web site of the complete text of the state measure. The Secretary of States Internet Web Site shall contain the provisions of the proposed measure and the existing laws repealed or revised by the measure. The provisions of the proposed measure differing from the existing laws affected shall be distinguished in print, so as to facilitate comparison. There shall be printed immediately below each state measure, in no less than 10-point bold type, a legend substantially as follows: If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you.
(g)The following statement shall be printed at the bottom of each page where arguments appear: Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.
SEC. 4.Section 9094.5 of the Elections Code is amended to read:9094.5.(a)The Secretary of State shall establish processes to enable a voter to do both of the following:
(1)Opt out of receiving by mail the state voter information guide prepared pursuant to Section 9081.
(2)When the state voter information guide is available, receive either the state voter information guide in an electronic format or an electronic notification making the guide available by means of online access. The electronic version of the state voter information guide shall include an active hyperlink for each cited Uniform Resource Locator.
(b)The processes described in subdivision (a) do not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the state voter information guide by mail.
(c)The Secretary of State shall also establish a procedure to permit a voter to begin receiving the state voter information guide by mail again after the voter has discontinued receiving it pursuant to subdivision (a).
SEC. 5.Section 9096 of the Elections Code is amended to read:9096.(a)As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places:
(1)Five copies to each county elections official or registrar of voters.
(2)Six copies to each city elections official.
(3)Five copies to each Member of the Legislature.
(4)Five copies to the proponents of each ballot measure.
(b)The Secretary of State shall also mail:
(1)Two copies to each public library and branch of each public library.
(2)Twelve copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 copies to each public postsecondary educational institution. Upon request, and in the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions.
(c)No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter.
SEC. 6.Section 12173 of the Government Code is amended to read:12173.(a)The Secretary of States office shall develop a program to utilize electronic communications and enhance the availability and accessibility of information on statewide candidates and ballot initiatives. This includes making information available online as well as through other information processing technology.
(b)The Secretary of State may electronically send all of the following election information to a voter:
(1)The date of the election.
(2)The voter registration deadline.
(3)Other information that assists the voter in registering to vote or casting a ballot.
(4)Information contained within the state voter information guide pursuant to Section 9082.7.
(c)The Secretary of State may send the information identified in subdivision (b) using one or both of the following methods:
(1)By electronic mail if the Secretary of State has the voters email address and provides the voter with an opportunity to opt out of receiving communications.
(2)By text message to the voters electronic device if the voter has consented to receiving text messages and the voter has been provided with an opportunity to opt out of receiving communications.
(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(4)May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 2.Section 9084 of the Elections Code is amended to read:9084.The state voter information guide shall contain all of the following:
(a)A complete copy of each state measure.
(b) Before each state measure, a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise.
(c)A copy of the arguments and rebuttals for and against each state measure.
(d)A copy of the analysis of each state measure.
(e)Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the state voter information guide easier to understand or more useful for the average voter.
(f)A notice, conspicuously printed on the cover of the state voter information guide, indicating that additional copies of the state voter information guide will be mailed by the county elections official upon request.
(g)A written explanation of the judicial retention procedure as required by Section 9083.
(h)The Voter Bill of Rights pursuant to Section 2300.
(i)If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state voter information guide that does not exceed 250 words. The statement shall not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state voter information guide.
(j)If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.
(k)If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of States Internet Web site for information about candidates for the offices of President and Vice President of the United States.
(l)A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.
(m)A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public.
SEC. 3.Section 9086 of the Elections Code is amended to read:9086.The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:
(a)(1)Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:
(A)Identification of the measure by number and title.
(B)The official summary prepared by the Attorney General.
(C)The total number of votes cast for and against the measure in both the State Senate and Assembly, if the measure was passed by the Legislature.
(2)The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b)Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst if the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c)Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of States Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committees top 10 contributors.
(d)Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments.
(e)If an argument against the measure has not been submitted, the argument for the measure shall appear on the right page facing the analysis.
(f)Before each state measure, a conspicuous notice identifying the location on the Secretary of States Internet Web site of the complete text of the state measure. The Secretary of States Internet Web Site shall contain the provisions of the proposed measure and the existing laws repealed or revised by the measure. The provisions of the proposed measure differing from the existing laws affected shall be distinguished in print, so as to facilitate comparison. There shall be printed immediately below each state measure, in no less than 10-point bold type, a legend substantially as follows: If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you.
(g)The following statement shall be printed at the bottom of each page where arguments appear: Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.
SEC. 4.Section 9094.5 of the Elections Code is amended to read:9094.5.(a)The Secretary of State shall establish processes to enable a voter to do both of the following:
(1)Opt out of receiving by mail the state voter information guide prepared pursuant to Section 9081.
(2)When the state voter information guide is available, receive either the state voter information guide in an electronic format or an electronic notification making the guide available by means of online access. The electronic version of the state voter information guide shall include an active hyperlink for each cited Uniform Resource Locator.
(b)The processes described in subdivision (a) do not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the state voter information guide by mail.
(c)The Secretary of State shall also establish a procedure to permit a voter to begin receiving the state voter information guide by mail again after the voter has discontinued receiving it pursuant to subdivision (a).
SEC. 5.Section 9096 of the Elections Code is amended to read:9096.(a)As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places:
(1)Five copies to each county elections official or registrar of voters.
(2)Six copies to each city elections official.
(3)Five copies to each Member of the Legislature.
(4)Five copies to the proponents of each ballot measure.
(b)The Secretary of State shall also mail:
(1)Two copies to each public library and branch of each public library.
(2)Twelve copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 copies to each public postsecondary educational institution. Upon request, and in the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions.
(c)No later than one business day after receipt of a request from a voter, the Secretary of State shall mail the full text of a state measure described in subdivision (f) of Section 9086 to the voter.
SEC. 6.Section 12173 of the Government Code is amended to read:12173.(a)The Secretary of States office shall develop a program to utilize electronic communications and enhance the availability and accessibility of information on statewide candidates and ballot initiatives. This includes making information available online as well as through other information processing technology.
(b)The Secretary of State may electronically send all of the following election information to a voter:
(1)The date of the election.
(2)The voter registration deadline.
(3)Other information that assists the voter in registering to vote or casting a ballot.
(4)Information contained within the state voter information guide pursuant to Section 9082.7.
(c)The Secretary of State may send the information identified in subdivision (b) using one or both of the following methods:
(1)By electronic mail if the Secretary of State has the voters email address and provides the voter with an opportunity to opt out of receiving communications.
(2)By text message to the voters electronic device if the voter has consented to receiving text messages. messages and the voter has been provided with an opportunity to opt out of receiving communications.
REVISIONS: HeadingLine 2.(a)Except as provided in Section 2194.1, the affidavit of voter registration information identified in Section 6254.4 of the Government Code:
(1)Shall be confidential and shall not appear on any computer terminal, list, affidavit, duplicate affidavit, or other medium routinely available to the public at the county elections officials office.
(2)Shall not be used for any personal, private, or commercial purpose, including, but not limited to:
(A)The harassment of any voter or voters household.
(B)The advertising, solicitation, sale, or marketing of products or services to any voter or voters household.
(C)Reproduction in print, broadcast visual or audio, or display on the Internet or any computer terminal unless pursuant to paragraph (3).
(3)Shall be provided with respect to any voter, subject to the provisions of Sections 2166, 2166.5, 2166.7, and 2188, to any candidate for federal, state, or local office, to any committee for or against any initiative or referendum measure for which legal publication is made, and to any person for election, scholarly, journalistic, or political purposes, or for governmental purposes, as determined by the Secretary of State.
(4)May be used by the Secretary of State for the purpose of educating voters pursuant to Section 12173 of the Government Code.
(b)(1)Notwithstanding any other law, the California drivers license number, the California identification card number, the social security number, and any other unique identifier used by the State of California for purposes of voter identification shown on the affidavit of voter registration of a registered voter, or added to voter registration records to comply with the requirements of the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.), are confidential and shall not be disclosed to any person.
(2)Notwithstanding any other law, the signature of the voter shown on the affidavit of voter registration or an image thereof is confidential and shall not be disclosed to any person, except as provided in subdivision (c).
(c)(1)The home address or signature of any voter shall be released whenever the persons vote is challenged pursuant to Sections 15105 to 15108, inclusive, or Article 3 (commencing with Section 14240) of Chapter 3 of Division 14. The address or signature shall be released only to the challenger, to elections officials, and to other persons as necessary to make, defend against, or adjudicate the challenge.
(2)An elections official shall permit a person to view the signature of a voter for the purpose of determining whether the signature matches a signature on an affidavit of registration or an image thereof or a petition, but shall not permit a signature to be copied.
(d)A governmental entity, or officer or employee thereof, shall not be held civilly liable as a result of disclosure of the information referred to in this section, unless by a showing of gross negligence or willfulness.
(e)For the purposes of this section, voters household is defined as the voters place of residence or mailing address or any persons who reside at the place of residence or use the mailing address as supplied on the affidavit of registration pursuant to paragraphs (3) and (4) of subdivision (a) of Section 2150.
SEC. 2.Section 9084 of the Elections Code is amended to read:9084.The state voter information guide shall contain all of the following:
(a)A complete copy of each state measure.
(b)A copy of the specific constitutional or statutory provision, if any, that each state measure would repeal or revise.(b) Before each state measure, a conspicuous notice that identifies the location on the Secretary of States Internet Web site of the specific constitutional or statutory provision that the state measure would repeal or revise.
(c)A copy of the arguments and rebuttals for and against each state measure.
(d)A copy of the analysis of each state measure.
(e)Tables of contents, indexes, art work, graphics, and other materials that the Secretary of State determines will make the state voter information guide easier to understand or more useful for the average voter.
(f)A notice, conspicuously printed on the cover of the state voter information guide, indicating that additional copies of the state voter information guide will be mailed by the county elections official upon request.
(g)A written explanation of the judicial retention procedure as required by Section 9083.
(h)The Voter Bill of Rights pursuant to Section 2300.
(i)If the ballot contains an election for the office of United States Senator, information on candidates for United States Senator. A candidate for United States Senator may purchase the space to place a statement in the state voter information guide that does not exceed 250 words. The statement shall not make any reference to any opponent of the candidate. The statement shall be submitted in accordance with timeframes and procedures set forth by the Secretary of State for the preparation of the state voter information guide.
(j)If the ballot contains a question on the confirmation or retention of a justice of the Supreme Court, information on justices of the Supreme Court who are subject to confirmation or retention.
(k)If the ballot contains an election for the offices of President and Vice President of the United States, a notice that refers voters to the Secretary of States Internet Web site for information about candidates for the offices of President and Vice President of the United States.
(l)A written explanation of the appropriate election procedures for party-nominated, voter-nominated, and nonpartisan offices as required by Section 9083.5.
(m)A written explanation of the top 10 contributor lists required by Section 84223 of the Government Code, including a description of the Internet Web sites where those lists are available to the public.
SEC. 3.Section 9086 of the Elections Code is amended to read:9086.The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:
(a)(1)Upon the top portion of the first page, and not exceeding one-third of the page, shall appear:
(A)Identification of the measure by number and title.
(B)The official summary prepared by the Attorney General.
(C)The total number of votes cast for and against the measure in both the State Senate and Assembly, if the measure was passed by the Legislature.
(2)The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 and Section 88003 of the Government Code shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b)Beginning at the top of the right page shall appear the analysis prepared by the Legislative Analyst if the analysis fits on a single page. If it does not fit on a single page, the analysis shall begin on the lower portion of the first left page and shall continue on subsequent pages until it is completed.
(c)Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of States Internet Web site for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committees top 10 contributors.
(d)Arguments for and against the measure shall be placed on the next left and right pages, respectively, following the final page of the analysis of the Legislative Analyst. The rebuttals shall be placed immediately below the arguments.
(e)If no an argument against the measure has not been submitted, the argument for the measure shall appear on the right page facing the analysis.
(f)The complete text of each measure shall appear at the back of the guide. The text of the measure shall contain the provisions of the proposed measure and the existing laws repealed or revised by the measure. The provisions of the proposed measure differing from the existing laws affected shall be distinguished in print, so as to facilitate comparison.(f)Before each state measure, a conspicuous notice identifying the location on the Secretary of States Internet Web site of the complete text of the state measure. The Secretary of States Internet Web Site shall contain the provisions of the proposed measure and the existing laws repealed or revised by the measure. The provisions of the proposed measure differing from the existing laws affected shall be distinguished in print, so as to facilitate comparison. There shall be printed immediately below each state measure, in no less than 10-point bold type, a legend substantially as follows: If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you.
(g)The following statement shall be printed at the bottom of each page where arguments appear: Arguments printed on this page are the opinions of the authors, and have not been checked for accuracy by any official agency.
SECTION 1.SEC. 4.Section 9094.5 of the Elections Code is amended to read:9094.5.(a)The Secretary of State shall establish processes to enable a voter to do both of the following:
(1)Opt out of receiving by mail the state voter information guide prepared pursuant to Section 9081.
(2)When the state voter information guide is available, receive either the state voter information guide in an electronic format or an electronic notification making the guide available by means of online access. The Secretary of State may use the online version of the state voter information guide made available pursuant to Section 9082.7 for purposes of providing the state voter information guide pursuant to this paragraph. The electronic version of the state voter information guide shall include an active hyperlink for each cited Uniform Resource Locator.
(b)The processes described in subdivision (a) do not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the state voter information guide by mail.
(c)The Secretary of State shall also establish a procedure to permit a voter to begin receiving the state voter information guide by mail again after the voter has discontinued receiving it pursuant to subdivision (a).
SEC. 5.Section 9096 of the Elections Code is amended to read:9096.(a)As soon as copies of the state voter information guide and copies of the full text of all measures described in subdivision (f) of Section 9086 are available, the Secretary of State shall immediately mail the following number of copies to the listed persons and places:
(1)Five copies to each county elections official or registrar of voters.
(2)Six copies to each city elections official.
(3)Five copies to each Member of the Legislature.
(4)Five copies to the proponents of each ballot measure.
(b)The Secretary of State shall also mail:
(1)Two copies to each public library and branch of each public library.
(2)Twelve copies to each public high school or other public school teaching at least the 11th and 12th grades, and 25 copies to each public postsecondary educational institution. Upon request, and in the discretion of the Secretary of State, additional copies may be furnished to these persons and institutions.
SEC. 6.Section 12173 of the Government Code is amended to read:12173.(a)The Secretary of States office shall develop a program to utilize modern communications and information processing technology to electronic communications and enhance the availability and accessibility of information on statewide candidates and ballot initiatives. This includes making information available online as well as through other information processing technology.
(b)The Secretary of State may electronically send all of the following election information to a voter:
(1)The date of the election.
(2)The voter registration deadline.
(3)Other information that assists the voter in registering to vote or casting a ballot.
(4)Information contained within the state voter information guide pursuant to Section 9082.7.
(c)The Secretary of State may send the information identified in subdivision (b) using one or both of the following methods:
(1)By electronic mail if the Secretary of State has the voters email address and provides the voter with an opportunity to opt out of receiving communications.
(2)By text message to the voters electronic device if the voter has consented to receiving text messages.
(a)The Secretary of State shall establish processes to enable a voter to do both of the following:
(1)Opt out of receiving by mail the state voter information guide prepared pursuant to Section 9081.
(2)When the state voter information guide is available, receive either the state voter information guide in an electronic format or an electronic notification making the guide available by means of online access. The Secretary of State may use the online version of the state voter information guide made available pursuant to Section 9082.7 for purposes of providing the state voter information guide pursuant to this paragraph.
(b)The processes described in subdivision (a) shall become effective only after the Secretary of State certifies that the state has a statewide voter registration database that complies with the federal Help America Vote Act of 2002 (52 U.S.C. Sec. 20901 et seq.).(c)(b)The processes described in subdivision (a) shall do not apply where two or more registered voters have the same postal address unless each voter who shares the same postal address has chosen to discontinue receiving the state voter information guide by mail.
(d)(c)The Secretary of State shall also establish a procedure to permit a voter to begin receiving the state voter information guide by mail again after the voter has discontinued receiving it pursuant to subdivision (a).
|
Date
|
Status
|
|---|---|
| Oct 11, 2017 | Chaptered by Secretary of State - Chapter 656, Statutes of 2017. |
| Oct 11, 2017 | Approved by the Governor. |
| Sep 13, 2017 | Enrolled and presented to the Governor at 4 p.m. |
| Sep 7, 2017 | In Assembly. Ordered to Engrossing and Enrolling. |
| Sep 7, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Jul 11, 2017 | Read second time. Ordered to third reading. |
| Jul 10, 2017 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Jun 21, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 20). Re-referred to Com. on APPR. |
| May 24, 2017 | Referred to Com. on E. & C.A. |
| May 15, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 15, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 31. Page 1547.) |
| May 11, 2017 | Read second time. Ordered to third reading. |
| May 10, 2017 | Coauthors revised. |
| May 4, 2017 | Re-referred to Com. on APPR. |
| May 3, 2017 | Read second time and amended. |
| May 2, 2017 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 26). |
| Apr 6, 2017 | Re-referred to Com. on E. & R. |
| Apr 5, 2017 | From committee chair, with author's amendments: Amend, and re-refer to Com. on E. & R. Read second time and amended. |
| Feb 27, 2017 | Referred to Com. on E. & R. |
| Feb 15, 2017 | From printer. May be heard in committee March 17. |
| Feb 14, 2017 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Sep 7, 2017 | Assembly 3rd Reading AB606 Berman et al. By Hertzberg | Senate Floor |
Passed |
|
| Jun 20, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Elections and Constitutional Amendments |
Passed |
|
| May 15, 2017 | AB 606 BERMAN Assembly Third Reading | Assembly Floor |
Passed |
|
| May 10, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 26, 2017 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Elections and Redistricting |
Passed |
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 Association of Clerks and Election Officials | ** Support | Jul 12, 2017 |
| Disability Rights California | ** Support | Apr 24, 2017 |
| Secretary of State, Alex Padilla | ** Support | Jul 12, 2017 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 606
:
SENATE ELECTIONS & C.A. COMMITTEE: 4-1, 6/20/17
AYES: Stern, Allen, Hertzberg, Leyva
NOES: Anderson
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 42-31, 5/15/17 - See last page for vote
SOURCE: Secretary of State, Alex Padilla
DIGEST:
This bill deletes the requirement that the state voter information guide contain the complete text of each state ballot measure, as specified.
Existing law:
- Requires the state voter information guide to contain, among other things, the complete text of each state measure and requires the provisions of the proposed measure differing from the existing laws affected to be distinguished in print, so as to facilitate comparison.
- Requires the Secretary of State (SOS) to establish a process that allows a voter to choose to opt out of receiving the state voter information guide and receive it by electronic mail, as specified.
- Directs the SOS to develop a program to utilize modern communications and information processing technology to enhance the availability of and accessibility to information on statewide candidate and ballot measures.
- Provides that the entire text of a local ballot measure is not required to be printed in local voter information guides. In such cases, the following statement must be printed immediately below the measure’s analysis, in no less than 10-point bold type:
The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.
This bill:
- Deletes the requirement that the state voter information guide must contain the complete text of each state ballot measure, as specified, and instead requires the state voter information guide, before each state measure, to have a conspicuous notice identifying the location on the SOS Internet Web site of the complete text of the state measure.
- Requires the following statement to be printed immediately below each state measure, in no less than 10-point bold type font, as follows:
If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you.
- Requires the SOS to mail a copy of the full text of the state measure to a voter no later than one business day after receipt of the request.
- Requires the electronic version of the state voter information guide, for those voters that choose to opt out of receiving the state voter information guide by mail and instead receive the guide in an electronic format or an electronic notification, to include an active hyperlink for each cited Uniform Resource Locator.
- Deletes provisions of law that require the SOS to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives and instead requires the SOS to develop a program to utilize electronic communications to enhance the availability and accessibility of information on statewide candidates and ballot initiatives, including permitting the SOS to electronically send all of the following election information to a voter:
- The date of the election;
- The voter registration deadline;
- Other information that assists the voter in registering to vote or casting a ballot; and,
- Information contained within the state voter information guide pursuant to current law.
- Permits the SOS to send the information above using one or both of the following methods:
- By electronic mail if the SOS has the voter's email address and provides the voter with an opportunity to opt out of receiving communications; or,
- By text message to the voter's electronic device if the voter has consented to receiving text messages and provides the voter with an opportunity to opt out of receiving communications.
- Makes other conforming and technical changes.
Background
Not a completely new practice. This bill deletes provisions of law that require the text of each state measure to be printed in the state voter information guide and instead requires the state voter information guide to include a notification informing voters that the text of each state measure is available on the SOS's Internet Web site, as specified. It would not be an entirely new practice to exclude the text of ballot measures from the official election materials that are mailed to voters, since existing law generally gives local elections officials the discretion to decide whether to print the text of local measures in the voter information guide. If an elections official chooses to exclude the text of a local ballot measure from the voter information guide, existing law requires the text to be made available by other means, including a requirement that elections official mail the text to voters upon request.
Comments
According to the author, the state voter information guide is produced with the intent to provide useful information for voters. As the length of the California ballot has grown, so too has the state voter information guide. This past year, the state voter information guide was 224 pages. The state voter information guide contained over 100 pages of text of statutory law. Rather than assisting voters, the state voter information guide was negatively perceived. AB 606 aims to modernize and make more useful the state election information provided to voters. Specifically, this bill shortens the mandated state voter information guide, allows active links in the alternative electronic state voter information guide, and directs the SOS to develop a program to electronically communicate with voters, including providing electronic nonpartisan information to voters about upcoming elections.
Related/Prior Legislation
AB 467 (Mullin, 2017), which is pending in the Senate Committee on Transportation and Housing, exempts a county elections official from including the entire adopted transportation expenditure plan in the voter information guide, as specified.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Secretary of State, Alex Padilla (source)
California Association of Clerks and Election Officials
OPPOSITION: (Verified 7/11/17)
None received
ASSEMBLY FLOOR: 42-31, 5/15/17
AYES: Aguiar-Curry, Arambula, Berman, Bloom, Bocanegra, Bonta, Burke, Calderon, Chau, Chiu, Chu, Cooper, Eggman, Friedman, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Irwin, Jones-Sawyer, Kalra, Levine, Low, McCarty, Medina, Mullin, Muratsuchi, Nazarian, O'Donnell, Quirk, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Weber, Wood, Rendon
NOES: Acosta, Travis Allen, Baker, Bigelow, Brough, Caballero, Chávez, Chen, Choi, Cooley, Cunningham, Dababneh, Dahle, Flora, Fong, Gallagher, Gray, Grayson, Harper, Kiley, Lackey, Maienschein, Mathis, Mayes, Melendez, Obernolte, Patterson, Quirk-Silva, Steinorth, Voepel, Waldron
NO VOTE RECORDED: Cervantes, Daly, Frazier, Cristina Garcia, Holden, Limón, Ting
7/12/17 16:55:16
**** END ****
SENATE COMMITTEE ON
ELECTIONS AND CONSTITUTIONAL AMENDMENTS
Senator Henry Stern, Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: 6/20/17
Author: | |||
Version: | 5/3/17 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Darren Chesin | ||
Subject: State voter information guides
DIGEST
This bill deletes the requirement that the state voter information guide contain the complete text of each state ballot measure, as specified.
ANALYSIS
Existing law:
- Requires the state voter information guide to contain, among other things, the complete text of each state measure and requires the provisions of the proposed measure differing from the existing laws affected to be distinguished in print, so as to facilitate comparison.
- Requires the Secretary of State (SOS) to establish a process that allows a voter to choose to opt out of receiving the state voter information guide and receive it by electronic mail, as specified.
- Directs the SOS to develop a program to utilize modern communications and information processing technology to enhance the availability of and accessibility to information on statewide candidate and ballot measures.
- Provides that the entire text of a local ballot measure is not required to be printed in local voter information guides. In such cases, the following statement must be printed immediately below the measure’s analysis, in no less than 10-point bold type:
“The above statement is an impartial analysis of Ordinance or Measure ____. If you desire a copy of the ordinance or measure, please call the elections official’s office at (insert telephone number) and a copy will be mailed at no cost to you.”
This bill:
- Deletes the requirement that the state voter information guide must contain the complete text of each state ballot measure, as specified, and instead requires the state voter information guide, before each state measure, to have a conspicuous notice identifying the location on the SOS Internet Web site of the complete text of the state measure.
- Requires the following statement to be printed immediately below each state measure, in no less than 10-point bold type font, as follows:
"If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you."
- Requires the SOS to mail a copy of the full text of the state measure to a voter no later than one business day after receipt of the request.
- Requires the electronic version of the state voter information guide, for those voters that choose to opt out of receiving the state voter information guide by mail and instead receive the guide in an electronic format or an electronic notification, to include an active hyperlink for each cited Uniform Resource Locator (URL).
- Deletes provisions of law that require the SOS to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives and instead requires the SOS to develop a program to utilize electronic communications to enhance the availability and accessibility of information on statewide candidates and ballot initiatives, including permitting the SOS to electronically send all of the following election information to a voter:
- The date of the election;
- The voter registration deadline;
- Other information that assists the voter in registering to vote or casting a ballot; and,
- Information contained within the state voter information guide pursuant to current law.
- The date of the election;
- Permits the SOS to send the information above using one or both of the following methods:
- By electronic mail if the SOS has the voter's email address and provides the voter with an opportunity to opt out of receiving communications; or,
- By text message to the voter's electronic device if the voter has consented to receiving text messages and provides the voter with an opportunity to opt out of receiving communications.
- By electronic mail if the SOS has the voter's email address and provides the voter with an opportunity to opt out of receiving communications; or,
- Makes other conforming and technical changes.
BACKGROUND
Not a Completely New Practice. This bill deletes provisions of law that require the text of each state measure to be printed in the state voter information guide and instead requires the state voter information guide to include a notification informing voters that the text of each state measure is available on the SOS's Internet Web site, as specified. It would not be an entirely new practice to exclude the text of ballot measures from the official election materials that are mailed to voters, since existing law generally gives local elections officials the discretion to decide whether to print the text of local measures in the voter information guide. If an elections official chooses to exclude the text of a local ballot measure from the voter information guide, existing law requires the text to be made available by other means, including a requirement that elections official mail the text to voters upon request.
COMMENTS
- According to the author: The state voter information guide is produced with the intent to provide useful information for voters. As the length of the California ballot has grown, so too has the state voter information guide. This past year, the state voter information guide was 224 pages. The state voter information guide contained over 100 pages of text of statutory law. Rather than assisting voters, the state voter information guide was negatively perceived. AB 606 aims to modernize and make more useful the state election information provided to voters. Specifically, the bill would shorten the mandated state voter information guide, allow active links in the alternative electronic state voter information guide, and direct the Secretary of State to develop a program to electronically communicate with voters, including providing electronic nonpartisan information to voters about upcoming elections.
RELATED/PRIOR LEGISLATION
AB 467 (Mullin), which is pending in the Senate Committee on Transportation and Housing would exempt a county elections official from including the entire adopted transportation expenditure plan in the voter information guide, as specified.
PRIOR ACTION
Assembly Floor: | |
Assembly Appropriations Committee: | |
Assembly Elections and Redistricting Committee: |
|
POSITIONS
Sponsor: Secretary of State, Alex Padilla
Support: California Association of Clerks and Election Officials
Oppose: None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 606
Author:(Berman)
As Amended Ver:May 3, 2017
Majority vote
Committee | Votes | Ayes | Noes |
Elections | 5-2 | Berman, Santiago, Low, Mullin, Weber | Harper, Cunningham |
Appropriations | 11-6 | Gonzalez Fletcher, Bloom, Bocanegra, Bonta, Calderon, Chau, Eggman, Friedman, Eduardo Garcia, Muratsuchi, Reyes | Bigelow, Brough, Fong, Gallagher, Gray, Obernolte |
SUMMARY: Makes changes to provisions of law that prescribe what is required to be included in the state voter information guide sent to voters. Specifically, this bill:
- Deletes provisions of law that require the state voter information guide to contain the complete text of each state measure, as specified, and instead requires the state voter information guide, before each state measure, to have a conspicuous notice identifying the location on the Secretary of State's (SOS) Internet Web site of the complete text of the state measure.
- Requires the following legend to be printed immediately below each state measure, in no less than 10-point bold type font, as follows:
"If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you."
- Requires the SOS to mail a copy of the full text of the state measure to a voter no later than one business day after receipt of the request.
- Requires the electronic version of the state voter information guide, for those voters that choose to opt out of receiving the state voter information guide by mail and instead receive the guide in an electronic format or an electronic notification, to include an active hyperlink for each cited Uniform Resource Locator.
- Deletes provisions of law that require the SOS to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives and instead requires the SOS to develop a program to utilize electronic communications to enhance the availability and accessibility of information on statewide candidates and ballot initiatives, including permitting the SOS to electronically send all of the following election information to a voter:
- The date of the election;
- The voter registration deadline;
- Other information that assists the voter in registering to vote or casting a ballot; and,
- Information contained within the state voter information guide pursuant to current law.
- Permits the SOS to send the information above using one or both of the following methods:
- By electronic mail if the SOS has the voter's email address and provides the voter with an opportunity to opt out of receiving communications; or,
- By text message to the voter's electronic device if the voter has consented to receiving text messages and provides the voter with an opportunity to opt out of receiving communications.
- Makes conforming and technical changes.
FISCAL EFFECT: According to the Assembly Appropriations Committee, savings to the SOS of $3 million to $4 million General Fund each statewide election from reduced printing costs.
COMMENTS: According to the author, "The state voter information guide is produced with the intent to provide useful information for voters. As the length of the California ballot has grown, so too has the state voter information guide. In fact, this past year, the state voter information guide was 224 pages. The state voter information guide contained over 100 pages of text of statutory law. Rather than assisting voters, the state voter information guide was negatively perceived. AB 606 aims to modernize and make more useful the state election information provided to voters. Specifically, the bill would shorten the mandated state voter information guide, allow active links in the alternative electronic state voter information guide, and direct the Secretary of State to develop a program to electronically communicate with voters, including providing electronic nonpartisan information to voters about upcoming elections."
Please see the policy committee analysis for a full discussion of this bill.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094 FN: 0000349
Date of Hearing: May 10, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 606
Author:(Berman) – As Amended Ver:May 3, 2017
Policy Committee: | Elections and Redistricting | Vote: | 5 - 2 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill changes the content of what the Secretary of State (SOS) is required to include in the state voter information guide sent to voters. Specifically, this bill:
- Deletes the requirement that the state voter information guide contain the complete text of each state measure, and instead requires the state voter information guide to have a conspicuous notice identifying the location on the SOS's Internet Web site of the complete text of the state measure. In addition, this bill requires a specified statement regarding how a person can call to obtain a copy of the full text of the measure.
- Requires the electronic version of the state voter information guide to include an active hyperlink to the full text of each measure.
- Permits the SOS to electronically send specified election information to a voter, such as the date of the election and information contained in the voter information guide.
FISCAL EFFECT:
Savings to the SOS of $3 million to $4 million GF each statewide election from reduced printing costs.
COMMENTS:
Background and Purpose. Existing law requires the state voter information guide to contain the complete text of each state measure. According to the author, “The state voter information guide is produced with the intent to provide useful information for voters. As the length of the California ballot has grown, so too has the state voter information guide. In fact, this past year, the state voter information guide was 224 pages. The state voter information guide contained over 100 pages of text of statutory law. Rather than assisting voters, the state voter information guide was negatively perceived. AB 606 aims to modernize and make more useful the state election information provided to voters. Specifically, the bill would shorten the mandated state voter information guide, allow active links in the alternative electronic state voter information guide, and direct the Secretary of State to develop a program to electronically communicate with voters, including providing electronic nonpartisan information to voters about upcoming elections.”
Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081
Date of Hearing: April 26, 2017
ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING
Marc Berman, Chair
ABPCA Bill Id:AB 606 (
Author:Berman) – As Amended Ver:April 5, 2017
SUBJECT: State voter information guides.
SUMMARY: Makes changes to provisions of law that prescribe what is required to be included in the state voter information guide sent to voters. Specifically, this bill:
- Deletes provisions of law that require the state voter information guide to contain the complete text of each state measure, as specified, and instead requires the state voter information guide, before each state measure, to have a conspicuous notice identifying the location on the SOS's Internet Web site of the complete text of the state measure.
- Requires to the following legend to be printed immediately below each state measure, in no less than 10-point bold type font, as follows:
"If you desire a copy of the full text of the state measure, please call the Secretary of State at (insert toll-free telephone number) and a copy will be mailed at no cost to you."
- Requires the electronic version of the state voter information guide, for those voters that choose to opt out of receiving the state voter information guide by mail and instead receive the guide in an electronic format or an electronic notification, to include an active hyperlink for each cited Uniform Resource Locator (URL).
- Deletes provisions of law that require the SOS to develop a program to utilize modern communications and information processing technology to enhance the availability and accessibility of information on statewide candidates and ballot initiatives and instead requires the SOS to develop a program to utilize electronic communications to enhance the availability and accessibility of information on statewide candidates and ballot initiatives, including permitting the SOS to electronically send all of the following election information to a voter:
- The date of the election;
- The voter registration deadline;
- Other information that assists the voter in registering to vote or casting a ballot; and,
- Information contained within the state voter information guide pursuant to current law.
- Permits the SOS to send the information above using one or both of the following methods:
- By electronic mail if the SOS has the voter's email address and provides the voter with an opportunity to opt out of receiving communications; or,
- By text message to the voter's electronic device if the voter has consented to receiving text messages.
- Makes conforming and technical changes.
EXISTING LAW:
- Require the state voter information guide to contain the complete text of each state measure. Requires the provisions of the proposed measure differing from the existing laws affected to be distinguished in print, so as to facilitate comparison.
- Requires the SOS to establish a process that allows a voter to choose to opt out of receiving the state voter information guide and receive it by electronic mail, as specified.
- Directs the SOS to develop a program to utilize modern communications and information processing technology to enhance the availability of and accessibility to information on statewide candidate and ballot measures.
FISCAL EFFECT: Unknown
COMMENTS:
- Purpose of the Bill: According to the author
The state voter information guide is produced with the intent to provide useful information for voters. As the length of the California ballot has grown, so too has the state voter information guide. In fact, this past year, the state voter information guide was 224 pages. The state voter information guide contained over 100 pages of text of statutory law. Rather than assisting voters, the state voter information guide was negatively perceived. AB 606 aims to modernize and make more useful the state election information provided to voters. Specifically, the bill would shorten the mandated state voter information guide, allow active links in the alternative electronic state voter information guide, and direct the Secretary of State to develop a program to electronically communicate with voters, including providing electronic nonpartisan information to voters about upcoming elections.
- State Voter Information Guide and Suggested Amendments: Current law requires the state voter information guide to contain the complete text of each state measure. This bill deletes those provisions and instead requires the SOS to place a notification in the state voter information guide informing voters of the location on the SOS's Internet Web site of the complete text of each state measure. Additionally, this bill requires the state voter information guide to inform a voter that they may contact the SOS and receive a copy of the full text of the each state measure mailed at no cost to the voter. This bill, however, does not place a timeline for when the mailing is required to occur. The committee staff suggests amending the bill to require the SOS to mail a copy of the text of the measures within one business day of a request.
- Receiving Electronic Election Information: Under current law, a voter may opt out of receiving a paper copy of the state voter information guide and instead receive an electronic version of the guide. This bill ensures the electronic version of the state voter information guide is accessible to voters and requires the electronic version to include active hyperlinks for each cited URL.
Additionally, under current law, the SOS is directed to develop a program to utilize modern communications and information processing technology to enhance the availability of and accessibility to information on statewide candidate and ballot measures. This bill instead directs the SOS to develop a program to electronically communicate to voters, including authorizing the SOS to electronically send certain election information to voters by email or text message, as specified. Specifically, this bill permits the SOS to send election information by email if the SOS has the voter's email address and provides the voter with the opportunity to opt out of receiving communications this way. Moreover, this bill allows the SOS to send election information to the voter by text message if the voter has consented to receiving text messages. This bill however, does not provide an opt out procedure similar to what is provided for email communications. The committee staff recommends amending the bill to require the SOS to establish an opt out process for text messages. - New Practice? This bill deletes provisions of law that require the text of each state measure to be printed in the state voter information guide and instead requires the state voter information guide to include a notification informing voters that the text of each state measure is available on the SOS's Internet Web site, as specified. It would not be an entirely new practice to exclude the text of ballot measures from the official election materials that are mailed to voters, since existing law generally gives local elections officials the discretion to decide whether to print the text of local measures in the voter information guide. If an elections official chooses to exclude the text of a local ballot measure from the voter information guide, existing law requires the text to be made available by other means, including a requirement that elections official mail the text to voters upon request.
REGISTERED SUPPORT / OPPOSITION:
Support
Secretary of State Alex Padilla (Sponsor)
Disability Rights California (if amended)
Opposition
None on file.
Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094
Bill Author
Bill Co-Author(s):
