Under existing law, whenever a statewide, county, city, or school district measure qualifies for the ballot, specified entities, including bona fide associations of citizens, may file a written argument for or against the measure. If more than one of these entities or individuals submits an argument, existing law directs the appropriate official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes, as specified.

This bill would require an organization or association submitting an argument for or against a measure to also submit additional information to the appropriate official to enable that official to determine if it qualifies as a bona fide association of citizens. This bill would also prohibit the official from considering the type of documentation submitted or the form of the association when selecting an argument from among associations.

Under existing law, whenever a statewide, county, city, or school district measure qualifies for the ballot, specified entities, including bona fide associations of citizens, may file a written argument for or against the measure. If more than one of these entities or individuals submits an argument, existing law directs the appropriate official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes, as specified.

This bill would require an organization or association submitting an argument for or against a measure to also submit additional information to the appropriate official to enable that official to determine if it qualifies as a bona fide association of citizens. This bill would also prohibit the official from considering the type of documentation submitted or the form of the association when selecting an argument from among associations.

Under existing law, whenever a statewide, county, city, or school district measure qualifies for the ballot, specified entities, including bona fide associations of citizens, may file a written argument for or against the measure. If more than one of these entities or individuals submits an argument, existing law directs the appropriate official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes, as specified.

This bill would require an organization or association submitting an argument for or against a measure to also submit additional information to the appropriate official to enable that official to determine if it qualifies as a bona fide association of citizens. This bill would also prohibit the official from considering the type of documentation submitted or the form of the association when selecting an argument from among associations.

Under existing law, whenever a county statewide, county, city, or school district measure qualifies for the ballot, the board of supervisors or any member or members of the board, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of these voters and associations, specified entities, including bona fide associations of citizens, may file a written argument for or against the measure. If more than one of these entities or individuals submits an argument, existing law directs the county elections appropriate official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes prioritizes, as specified. Existing law similarly specifies that if the legislative body of a city places a measure on the ballot, that legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the city measure. If more than one of these entities or individuals submits an argument, existing law directs the city elections official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes as specified.

This bill would require an organization or association submitting an argument for or against a county or city measure to also submit additional information to the appropriate elections official to enable that official to determine if it qualifies as a bona fide association of citizens. This bill would also prohibit the official from considering the type of documentation submitted or the form of the association when selecting an argument from among associations.

Under existing law, whenever a county measure qualifies for the ballot, the board of supervisors or any member or members of the board, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of these voters and associations, may file a written argument for or against the measure. If more than one of these entities or individuals submits an argument, existing law directs the county elections official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes as specified. Existing law similarly specifies that if the legislative body of a city places a measure on the ballot, that legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the city measure. If more than one of these entities or individuals submits an argument, existing law directs the city elections official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes as specified.

This bill would require an organization or association submitting an argument for or against a county or city measure to also submit additional information to the county appropriate elections official to enable the county elections official that official to determine if it qualifies as a bona fide association of citizens.

Under existing law, whenever a county measure qualifies for the ballot, the board of supervisors or any member or members of the board, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of these voters and associations, may file a written argument for or against the measure. If more than one of these entities or individuals submits an argument, existing law directs the county elections official to select the argument to be printed and distributed based on the identity of the author or authors, which existing law prioritizes as specified.

This bill would require an organization or association submitting an argument to also submit additional information to the county elections official to enable the county elections official to determine if it qualifies as a bona fide association of citizens.

 UNFINISHED BUSINESS  

Bill No: SB 665

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 4/4/17

AYES: Stern, Allen, Hertzberg, Leyva

NO VOTE RECORDED: Anderson

SENATE FLOOR: 38-0, 5/8/17

AYES: Allen, Anderson, Atkins, Beall, Berryhill, Bradford, Cannella, De León, Dodd, Fuller, Gaines, Galgiani, Glazer, Hernandez, Hertzberg, Hill, Hueso, Jackson, Leyva, McGuire, Mendoza, Mitchell, Monning, Moorlach, Morrell, Newman, Nguyen, Nielsen, Pan, Portantino, Roth, Skinner, Stern, Stone, Vidak, Wieckowski, Wiener, Wilk

NO VOTE RECORDED: Bates, Lara

ASSEMBLY FLOOR: 74-0, 6/22/17 (Consent) - See last page for vote

SUBJECT:

SOURCE: Orange County Board of Supervisors

DIGEST:

This bill requires an organization or association submitting a ballot measure argument to also submit additional information to the applicable city or county elections official to enable the city or county elections official to determine if it qualifies as a bona fide association of citizens.

Assembly Amendments

correct a minor drafting error.

ANALYSIS:

Existing law:

1. Permits any voter or group of voters to prepare and file with the Secretary of State (SOS) an argument for or against any state measure for which arguments have not been prepared or filed, as specified. Prohibits the argument from exceeding 500 words in length.
2. Prohibits a state ballot argument from being accepted unless it is accompanied by all of the following:
   1. The name, business or home address, and telephone number of each person submitting the argument;
   2. If the argument is submitted on behalf of an organization, the name, business address, and telephone number of the organization and at least two of its principal officers;
   3. The name, business or home address, and telephone number of a contact person for each individual or organization submitting the argument;
   4. If the argument is signed by anyone other than the proponent or legislative author, the name and official title of the person or persons authorized by the proponent to sign the argument; and,
   5. A signed proponents' statement, as specified.
      
3. Requires the SOS, if more than one argument for or against a state measure is filed within the time prescribed, to select one of the arguments for printing in the county voter information guide. Requires the SOS, in selecting the arguments, to give preference and priority in the following order:
   
   1. In the case of a measure submitted by the Legislature, Members of the Legislature.
   2. In the case of an initiative or referendum measure, the proponent of the measure.
   3. Bona fide associations of citizens.
   4. Individual voters.
      
4. Permits the county board of supervisors or any member or members of the board, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of these voters and associations, to file a written argument for or against a county measure, as specified.
   
5. Requires the county elections official, if more than one argument for or argument against any county measure is submitted to the county elections official within the time prescribed, to select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. Requires the county elections official in selecting the argument to give preference and priority in the following order:

a) The board of supervisors or a member or members of the board.

b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

c) Bona fide associations of citizens.

d) Individual voters who are eligible to vote on the measure.

1. Permits, for a municipal measure placed on the ballot by petition, the persons filing an initiative petition to file a written argument in favor of the ordinance and permits the legislative body to submit an argument against the ordinance. Allows, for measures placed on the ballot by the legislative body, the legislative body or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of voters and associations, to file a written argument for or against any city measure, as specified.
   
2. Requires the city elections official, if more than one argument for or argument against any city measure is submitted to the city elections official within the time prescribed, to select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. Requires the city elections official in selecting the argument to give preference and priority in the following order:

a) The legislative body, or a member or members of the legislative body authorized by that body.

b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

c) Bona fide associations of citizens.

d) Individual voters who are eligible to vote on the measure.

1. Permits the governing board of a school district or a member or members of the governing board, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of these voters and associations, to file a written argument for or against any school measure, as specified.
   
2. Requires the person conducting the election, if more than one argument for or argument against any school measure is submitted within the time prescribed, to select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. Requires the person conducting the election, in selecting the arguments, to give preference and priority in the following order:

a) The governing board of the district, or a member or members of the board.

b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

c) Bona fide associations of citizens.

d) Individual voters who are eligible to vote on the measure.

1. Prohibits a county, city, or school district ballot argument from being accepted unless it is accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument.

This bill:

1. Requires an organization or association submitting an argument for or against a state, county, city, or school district ballot measure to submit with its argument a copy of one of the following:
2. Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents;
3. Letterhead containing the name of the organization and its principal officers; or,
4. If the organization or association is a primary formed committee established to support or oppose the measure, its statement of organization filed pursuant to existing law.

Prohibits the SOS, the county or city elections official, or the person conducting the election, from considering the type of documentation submitted or the form of the association when selecting an argument from among bona fide associations of citizens.

Background

Ballot Measure Arguments and Bona Fide Association. When arguments are submitted for or against ballot measures, existing law generally contains a priority order that is to be followed for selecting the arguments to be printed if multiple arguments are submitted. Generally, current law gives arguments submitted by bona fide associations of citizens preference over arguments submitted by individual voters. There is no definition in current law, however, for what constitutes a bona fide association of citizens with respect to selecting arguments for ballot measures, and existing law is silent when multiple organizations simultaneously file written arguments for or against a measure. In practice when multiple arguments are filed, the county elections official chooses the argument by random draw.

Research conducted by the committee staff shows that some counties provide guidelines for submitting local ballot measures and some of those guidelines provide guidance as to what constitutes a bona fide association of citizens. For example, the Orange County Registrar of Voter's handbook for submitting arguments and rebuttal arguments for countywide measures states that a bona fide association is "a recognized authentic or genuine group of citizens bound together, without intent of fraud of deceit, by a common interest or cause." Moreover, the 2016 Contra Costa County Elections Division guide to filing arguments for county, city, school district, and special district measures states that a "bona fide association of citizens is a recognized group of citizens bound together by a common interest or cause such as: 1) A group or organization primarily formed as a ballot measure committee to support or oppose a measure, [or] 2) an organization that meets on a regular basis."

According to background materials provided by the author's office, last year in Orange County, two ballot arguments were submitted simultaneously by separate individuals opposing Measure S, a local school bond measure on the November general election ballot. The Orange County Registrar of Voters determined both arguments had been submitted by bona fide associations of citizens and conducted a random drawing to determine which argument would be placed in the voter information guide. The losing association filed a lawsuit in the Orange County Superior Court against the Orange County Registrar of Voters challenging the decision. The plaintiff contended that the other organization did not represent a bona fide association of citizens and that the selected argument deprived voters of their right to receive meaningful information, and requested the court to change the wording of the argument. The defendants argued that under current law, the Registrar of Voters is unable to make content-based determinations of which argument should receive priority and be printed in the voter information guide.

On August 31, 2016, Orange County Superior Court Judge Andrew Banks dismissed the case arguing that a content-based determination for the ballot was not authorized under existing law, and not appropriate in light of the First Amendment.

Comments

1. According to the author, when a measure is placed on the ballot, elected officials, bona fide associations of citizens, or individual voters may submit arguments for or against the measure to be placed in the voter pamphlet.
   
   Only one argument for each side is chosen for the voter pamphlet, and election officials use the following predetermined hierarchy when selecting the argument:
   1. The board of supervisors or a member or members of the board.
   2. The individual voters or bona fide associations of citizens who are the bona fide sponsors or proponents of the measure.
   3. Bona fide association of citizens.
   4. Individual voters who are eligible to vote on the measure.

However, where there are no submissions from the first or second groups on the hierarchy, problems can arise when two or more groups or individuals submit arguments either in favor or against a measure where at least one claims to be a bona fide association of citizens. Current law provides very little guidance for election officials on the criteria for qualifying as a bona fide association of citizens.

Related/Prior Legislation

AB 2796 (Assembly Elections and Redistricting, Chapter 401, Statutes of 2010), among other things, repealed a requirement that a member or members of a school board be authorized by the board in order to file a written argument for or against any school measure.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/22/17)

California State Association of Counties

California School Boards Association

Howard Jarvis Taxpayers Association

League of California Cities

Rural County Representatives of California

Urban Counties of California

OPPOSITION: (Verified 6/22/17)

None received

ASSEMBLY FLOOR: 74-0, 6/22/17

AYES: Aguiar-Curry, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Burke, Caballero, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Acosta, Travis Allen, Brough, Calderon, Jones-Sawyer, O'Donnell

Prepared by:

6/22/17 16:19:08

**** END ****

Date of Hearing: June 14, 2017

ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING

Marc Berman, Chair

SBPCA Bill Id:SB 665

Author:(Moorlach) – As Amended Ver:May 3, 2017

SENATE VOTE: 38-0

SUBJECT: Elections: ballot measures.

SUMMARY: Requires an organization or association that submits an argument for or against a ballot measure to submit additional information to the applicable elections official to enable that official to determine if the organization or association qualifies as a bona fide association of citizens, as specified. Specifically, this bill:

1. Requires an organization or association submitting an argument for or against a state, county, city, or school district ballot measure to submit with its argument a copy of one of the following:
   1. Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents;
   2. Letterhead containing the name of the organization and its principal officers; or,
   3. If the organization or association is a primary formed committee established to support or oppose the measure, its statement of organization filed pursuant to existing law.
2. Prohibits the Secretary of State (SOS), the county or city elections official, or the person conducting the election, from considering the type of documentation submitted or the form of the association when selecting an argument from among bona fide associations of citizens.

EXISTING LAW:

1. Permits any voter or group of voters to prepare and file with the SOS an argument for or against any state measure for which arguments have not been prepared or filed, as specified. Prohibits the argument from exceeding 500 words in length.
2. Prohibits a state ballot argument from being accepted unless it is accompanied by all of the following:
   1. The name, business or home address, and telephone number of each person submitting the argument;
      
   2. If the argument is submitted on behalf of an organization, the name, business address, and telephone number of the organization and at least two of its principal officers;
      
   3. The name, business or home address, and telephone number of a contact person for each individual or organization submitting the argument;
      
   4. If the argument is signed by anyone other than the proponent or legislative author, the name and official title of the person or persons authorized by the proponent to sign the argument; and,
      
   5. A signed proponents' statement, as specified.
      
3. Prohibits a person signing an argument for or against a state measure, or a rebuttal to an argument for or against a state measure, from identifying himself or herself in reference to that signature as a candidate for any office.
4. Requires the SOS, if more than one argument for or against a state measure is filed within the time prescribed, to select one of the arguments for printing in the county voter information guide. Requires the SOS, in selecting the arguments, to give preference and priority in the following order:
   
   1. In the case of a measure submitted by the Legislature, Members of the Legislature.
      
   2. In the case of an initiative or referendum measure, the proponent of the measure.
      
   3. Bona fide associations of citizens.
      
   4. Individual voters.
      
5. Permits the county board of supervisors or any member or members of the board, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of these voters and associations, to file a written argument for or against a county measure, as specified.
   
6. Requires the county elections official, if more than one argument for or argument against any county measure is submitted to the county elections official within the time prescribed, to select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. Requires the county elections official in selecting the argument to give preference and priority in the following order:

a) The board of supervisors or a member or members of the board.

b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

c) Bona fide associations of citizens.

d) Individual voters who are eligible to vote on the measure.

1. Permits, for a municipal measure placed on the ballot by petition, the persons filing an initiative petition to file a written argument in favor of the ordinance and permits the legislative body to submit an argument against the ordinance. Allows, for measures placed on the ballot by the legislative body, the legislative body or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of voters and associations, to file a written argument for or against any city measure, as specified.
   
2. Requires the city elections official, if more than one argument for or argument against any city measure is submitted to the city elections official within the time prescribed, to select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. Requires the city elections official in selecting the argument to give preference and priority in the following order:

a) The legislative body, or a member or members of the legislative body authorized by that body.

b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

c) Bona fide associations of citizens.

d) Individual voters who are eligible to vote on the measure.

1. Permits the governing board of a school district or a member or members of the governing board, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of these voters and associations, to file a written argument for or against any school measure, as specified.
   
2. Requires the person conducting the election, if more than one argument for or argument against any school measure is submitted within the time prescribed, to select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. Requires the person conducting the election, in selecting the arguments, to give preference and priority in the following order:

a) The governing board of the district, or a member or members of the board.

b) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.

c) Bona fide associations of citizens.

d) Individual voters who are eligible to vote on the measure.

1. Prohibits a county, city, or school district ballot argument from being accepted unless it is accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument.

FISCAL EFFECT: This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS:

1. Purpose of the Bill: According to the author:

When a measure is placed on the ballot, elected officials, bona fide associations of citizens, or individual voters may submit arguments for or against the measure to be placed in the voter pamphlet.

Only one argument for each side is chosen for the voter pamphlet, and election officials use the following predetermined hierarchy when selecting the argument:

1. The appropriate legislative body or member or members of the legislative body authorized by that body.

2. The individual voters or bona fide associations of citizens who are the bona fide sponsors or proponents of the measure.

3. Bona fide association of citizens.

4. Individual voters who are eligible to vote on the measure.

However, where there are no submissions by the first or second groups on the hierarchy, problems can arise when two or more groups or individuals submit arguments either in favor or against a measure where at least one claims to be a bona fide association of citizens. Current law provides very little guidance for election officials on the criteria for qualifying as a bona fide association of citizens.

SB 665 provides this clarity by requiring one of the following forms of documentation when submitting an argument as a bona fide association of citizens:

a. Articles of incorporation, articles of association, partnership documents, bylaws, or similar documents;

b. Letterhead containing the name of the organization and its principal officers; or

c. If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to Section 84101 of the Government Code.

This will provide county election officials with clearly defined criteria for determining a bona fide association of citizens, as well as clarity for all who are interested in creating such an association.

1. Ballot Measure Arguments and Bona Fide Association: When arguments are submitted for or against ballot measures, existing law generally contains a priority order that is to be followed for selecting the arguments to be printed if multiple arguments are submitted. Generally, current law gives arguments submitted by bona fide associations of citizens preference over arguments submitted by individual voters. There is no definition in current law, however, for what constitutes a bona fide association of citizens with respect to selecting arguments for ballot measures, and existing law is silent when multiple organizations simultaneously file written arguments for or against a measure. In practice when multiple arguments are filed, the county elections official chooses the argument by random draw.
   
   Research conducted by the committee staff shows that some counties provide guidelines for submitting local ballot measures and some of those guidelines provide guidance as to what constitutes a bona fide association of citizens. For example, the Orange County Registrar of Voter's handbook for submitting arguments and rebuttal arguments for countywide measures states that a bona fide association is "a recognized authentic or genuine group of citizens bound together, without intent of fraud of deceit, by a common interest or cause." Moreover, the 2016 Contra Costa County Elections Division guide to filing arguments for county, city, school district, and special district measures states that a "bona fide association of citizens is a recognized group of citizens bound together by a common interest or cause such as: 1) A group or organization primarily formed as a ballot measure committee to support or oppose a measure, [or] 2) an organization that meets on a regular basis."

According to background materials provided by the author's office, last year in Orange County, two ballot arguments were submitted simultaneously by separate individuals opposing Measure S, a local school bond measure on the November general election ballot. The Orange County Registrar of Voters determined both arguments had been submitted by bona fide associations of citizens and conducted a random drawing to determine which argument would be placed in the voter information guide. The losing association filed a lawsuit in the Orange County Superior Court against the Orange County Registrar of Voters challenging the decision. The plaintiff contended that the other organization did not represent a bona fide association of citizens and that the selected argument deprived voters of their right to receive meaningful information, and requested the court to change the wording of the argument. The defendants argued that under current law, the Registrar of Voters is unable to make content-based determinations of which argument should receive priority and be printed in the voter information guide.

On August 31, 2016, Orange County Superior Court Judge Andrew Banks dismissed the case arguing that a content-based determination for the ballot was not authorized under existing law, and not appropriate in light of the First Amendment.

1. Technical Amendment: The author has agreed to accept the following minor technical amendment to correct an error in a section of existing law that this bill proposes to amend:

On page 2, in line 6, strike "county" and insert "state."

1. Previous Legislation: AB 2796 (Elections and Redistricting Committee), Chapter 401, Statutes of 2010, repealed a requirement that a member or members of a school board be authorized by the board in order to file a written argument for or against any school measure, among other provisions.

REGISTERED SUPPORT / OPPOSITION:

Support

Orange County Board of Supervisors (sponsor)

California School Boards Association

California State Association of Counties

Howard Jarvis Taxpayers Association

League of California Cities

Rural County Representatives of California

Urban Counties of California

Opposition

None on file.

Analysis Prepared by: Nichole Becker / E. & R. / (916) 319-2094

 THIRD READING  

Bill No: SB 665

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 4/4/17

AYES: Stern, Allen, Hertzberg, Leyva

NO VOTE RECORDED: Anderson

SUBJECT:

SOURCE: Orange County Board of Supervisors

DIGEST: This bill requires an organization or association submitting a ballot measure argument to also submit additional information to the applicable statewide, county, city, or school district elections official to enable the relevant elections official to determine if it qualifies as a bona fide association of citizens. Also prohibits the relevant elections official from considering the type of documentation submitted or the form of the association when selecting an argument.

Senate Floor Amendments of 5/3/17 add statewide and school district measures to the bill; provide that in order to enable the Secretary of State, county, city or the person conducting a school district election to determine whether an organization qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a measure may also submit with its argument additional information as specified; and prohibit the relevant elections official from considering the type of documentation submitted or the form of the association when selecting an argument from among associations.

ANALYSIS:

Existing law:

1. Requires a state ballot argument not be accepted unless accompanied by all of the following:
   1. The name, business or home address, and telephone number of each person submitting the argument.
   2. If the argument is submitted on behalf of an organization, the name, business address, and telephone number of the organization and of at least two of its principal officers.
   3. The name, business or home address, and telephone number of a contact person for each individual or organization submitting the argument.
   4. If the argument is signed by anyone other than the proponent or legislative author, the name and official title of the person or persons authorized by the proponent to sign the argument.
   5. The signed proponents statement.
   6. No person signing an argument for or against a measure or a rebuttal to an argument for or against a measure may identify himself or herself in reference to that signature as a candidate for any office.
2. Provides that a city ballot argument may not be accepted unless accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument.
3. Requires no more than five signatures appear with any argument submitted under this article. In case any argument is signed by more than five authors, the signatures of the first five shall be printed.
4. Requires a ballot argument for counties, and school districts not be accepted unless accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.
5. Requires no more than five signatures appear with any argument submitted under this article. In case any argument is signed by more than five persons, the signatures of the first five shall be printed.
6. Provides specific guidelines for cities, counties, and school districts whenever arguments for ballot measures are submitted to the relevant elections official.
7. Provides that for city or county measures placed on the ballot by initiative petition, the persons filing an initiative petition may file a written argument in favor of the ordinance, and the governing body may submit an argument against the ordinance.
8. Provides for measures placed on the ballot by the city or county governing body, the governing body, or a member or members of the body authorized by that body, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the measure. An argument shall not exceed 300 words in length. Requires the elections official to enclose a printed copy of both arguments with each voter information guide.
9. Provides if more than one argument for or more than one argument against any measure is submitted to the county elections official within the time prescribed, the county elections official shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument the county elections official shall give preference and priority in the order named to the arguments of the following:
   1. The board of supervisors or a member or members of the board.
   2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
   3. Bona fide associations of citizens.
   4. Individual voters who are eligible to vote on the measure.
10. Provides that the process for selecting city ballot measure arguments in nearly identical form to the one above for county measures. The only difference between the two is that in the first position of the hierarchy the city instead provides “the legislative body, or member or members of the legislative body authorized by that body,” instead of the board of supervisors.
11. Provides for school district elections if more than one argument for or more than one argument against any school measure is submitted to the person conducting the election within the time prescribed, the person conducting the election shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the arguments, the person conducting the election shall give preference and priority, in the order named, to the arguments of the following:
    
12. The governing board of the district or a member or members of the board.
13. The individual voter, or bona fide associations of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
14. Bona fide associations of citizens.
15. Individual voters who are eligible to vote on the measure.

This bill:

1. Provides that in order to enable the Secretary of State, a county, city or school district elections official (as applicable) to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a county measure shall submit with its argument a copy of one of the following:
2. Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents.
3. Letterhead containing the name of the organization and its principal officers.
4. If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to the Political Reform Act.
   
5. Prohibits the relevant elections official from considering the type of documentation submitted or the form of the association when selecting an argument from among bona fide associations of citizens.

Background

Bona fide is as bona fide does… Bona fide is an adjective defined by Dictionary.com as 1. made, done, presented, etc., in good faith; without deception or fraud and, 2. authentic; true.

During the November 8, 2016 election, a ballot measure argument opposing a school bond measure (Measure S) on the Orange County ballot took center stage. Two arguments in opposition to the bond measure had been simultaneously submitted to the county registrar of voters for inclusion on the ballot. The Orange County registrar of voters determined both arguments had been submitted by bona fide associations of citizens, and so conducted a random drawing to determine which argument would be placed on the ballot. This caused the losing association to file suit against the Orange County registrar of voters contending that the other organization did not represent a “bona fide association,” and sought at the very least, that the court change the wording of their argument.

By law, ballot arguments presented by a bona fide association of citizens carry equal weight in the selection process, and take precedence over arguments submitted by individual voters who are eligible to vote on the measure.

Although the plaintiff contended the selected argument deprived voters of their right to receive meaningful information, on August 31, 2016, Superior Court Judge Andrew Banks ruled in favor of the registrar’s selection process because the registrar had determined both groups were bona fide associations of citizens, as well as his reluctance to put the court in the position of which party’s free political speech was more deserving of being on the ballot argument against Measure S.

Comments

1. According to the author, when a measure is placed on the ballot, elected officials, bona fide associations of citizens, or individual voters may submit arguments for or against the measure to be placed in the voter pamphlet.
   
   Only one argument for each side is chosen for the voter pamphlet, and election officials use the following predetermined hierarchy when selecting the argument:
   1. The board of supervisors or a member or members of the board.
   2. The individual voters or bona fide associations of citizens who are the bona fide sponsors or proponents of the measure.
   3. Bona fide association of citizens.
   4. Individual voters who are eligible to vote on the measure.

However, where there are no submissions from the first or second groups on the hierarchy, problems can arise when two or more groups or individuals submit arguments either in favor or against a measure where at least one claims to be a bona fide association of citizens. Current law provides very little guidance for election officials on the criteria for qualifying as a bona fide association of citizens.

Related/Prior Legislation

AB 2796 (Assembly Elections and Redistricting, Chapter 401, Statutes of 2010), among other things, repealed a requirement that a member or members of a school board be authorized by the board in order to file a written argument for or against any school measure.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 5/4/17)

California State Association of Counties

Howard Jarvis Taxpayers Association

Rural County Representatives of California

Urban Counties of California

OPPOSITION: (Verified 5/4/17)

None received

Prepared by:

5/5/17 14:04:26

**** END ****

 THIRD READING  

Bill No: SB 665

Author:

:

Vote:

SENATE ELECTIONS & C.A. COMMITTEE: 4-0, 4/4/17

AYES: Stern, Allen, Hertzberg, Leyva

NO VOTE RECORDED: Anderson

SUBJECT:

SOURCE: Orange County Board of Supervisors

DIGEST: This bill requires an organization or association submitting a ballot measure argument to also submit additional information to the applicable city or county elections official to enable the city or county elections official to determine if it qualifies as a bona fide association of citizens.

ANALYSIS:

Existing law:

1. Requires a state ballot argument not be accepted unless accompanied by all of the following:
   1. The name, business or home address, and telephone number of each person submitting the argument.
   2. If the argument is submitted on behalf of an organization, the name, business address, and telephone number of the organization and of at least two of its principal officers.
   3. The name, business or home address, and telephone number of a contact person for each individual or organization submitting the argument.
   4. If the argument is signed by anyone other than the proponent or legislative author, the name and official title of the person or persons authorized by the proponent to sign the argument.
   5. The signed proponents statement.
   6. No person signing an argument for or against a measure or a rebuttal to an argument for or against a measure may identify himself or herself in reference to that signature as a candidate for any office.
2. Provides that a city ballot argument may not be accepted unless accompanied by the printed name and signature or printed names and signatures of the author or authors submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument.
3. Requires no more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five authors, the signatures of the first five shall be printed.
4. Requires a ballot argument for counties, and school districts not be accepted unless accompanied by the printed name and signature or printed names and signatures of the person or persons submitting it, or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers.
5. Requires no more than five signatures shall appear with any argument submitted under this article. In case any argument is signed by more than five persons, the signatures of the first five shall be printed.
6. Provides specific guidelines for cities and counties whenever arguments for ballot measures are submitted to the relevant elections official.
7. Provides that for city or county measures placed on the ballot by initiative petition, the persons filing an initiative petition may file a written argument in favor of the ordinance, and the governing body may submit an argument against the ordinance.
8. Provides for measures placed on the ballot by the city or county governing body, the governing body, or a member or members of the body authorized by that body, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the measure. An argument shall not exceed 300 words in length. Requires the elections official to enclose a printed copy of both arguments with each voter information guide.
9. Provides if more than one argument for or more than one argument against any measure is submitted to the county elections official within the time prescribed, the county elections official shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument the county elections official shall give preference and priority in the order named to the arguments of the following:
   1. The board of supervisors or a member or members of the board.
   2. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
   3. Bona fide associations of citizens.
   4. Individual voters who are eligible to vote on the measure.
10. Provides that the process for selecting city ballot measure arguments in nearly identical form to the one above for county measures. The only difference between the two is that in the first position of the hierarchy the city instead provides “the legislative body, or member or members of the legislative body authorized by that body,” instead of the board of supervisors.

This bill provides that in order to enable a city or county elections official (as applicable) to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a county measure shall submit with its argument a copy of one of the following:

1. Its articles of incorporation.
2. Letterhead containing the name of the organization and its principal officers.
3. If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization.

Background

Bona fide is as bona fide does… Bona fide is an adjective defined by Dictionary.com as 1. made, done, presented, etc., in good faith; without deception or fraud and, 2. authentic; true.

During the November 8, 2016 election, a ballot measure argument opposing a school bond measure (Measure S) on the Orange County ballot took center stage. Two arguments in opposition to the bond measure had been simultaneously submitted to the county registrar of voters for inclusion on the ballot. The Orange County registrar of voters determined both arguments had been submitted by bona fide associations of citizens, and so conducted a random drawing to determine which argument would be placed on the ballot. This caused the losing association to file suit against the Orange County registrar of voters contending that the other organization did not represent a “bona fide association,” and sought at the very least, that the court change the wording of their argument.

By law, ballot arguments presented by a bona fide association of citizens carry equal weight in the selection process, and take precedence over arguments submitted by individual voters who are eligible to vote on the measure.

Although the plaintiff contended the selected argument deprived voters of their right to receive meaningful information, on August 31, 2016, Superior Court Judge Andrew Banks ruled in favor of the registrar’s selection process because the registrar had determined both groups were bona fide associations of citizens, as well as his reluctance to put the court in the position of which party’s free political speech was more deserving of being on the ballot argument against Measure S.

Comments

1. According to the author, when a measure is placed on the ballot, elected officials, bona fide associations of citizens, or individual voters may submit arguments for or against the measure to be placed in the voter pamphlet.
   
   Only one argument for each side is chosen for the voter pamphlet, and election officials use the following predetermined hierarchy when selecting the argument:
   1. The board of supervisors or a member or members of the board.
   2. The individual voters or bona fide associations of citizens who are the bona fide sponsors or proponents of the measure.
   3. Bona fide association of citizens.
   4. Individual voters who are eligible to vote on the measure.

However, where there are no submissions from the first or second groups on the hierarchy, problems can arise when two or more groups or individuals submit arguments either in favor or against a measure where at least one claims to be a bona fide association of citizens. Current law provides very little guidance for election officials on the criteria for qualifying as a bona fide association of citizens.

Related/Prior Legislation

AB 2796 (Assembly Elections and Redistricting, Chapter 401, Statutes of 2010), among other things, repealed a requirement that a member or members of a school board be authorized by the board in order to file a written argument for or against any school measure.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 4/5/17)

California State Association of Counties

Howard Jarvis Taxpayers Association

Rural County Representatives of California

Urban Counties of California

OPPOSITION: (Verified 4/5/17)

American Civil Liberties Union of California

Prepared by:

4/19/17 17:04:16

**** END ****

SENATE COMMITTEE ON

ELECTIONS AND CONSTITUTIONAL AMENDMENTS

Senator Henry Stern, Chair

2017 - 2018 Regular

Bill No: 665 Hearing Date: 4/4/17

Subject:

DIGEST

Requires an organization or association submitting a ballot measure argument to also submit additional information to the applicable city or county elections official to enable the city or county elections official to determine if it qualifies as a bona fide association of citizens.

ANALYSIS

Existing law:

1. Provides specific guidelines for cities and counties whenever arguments for ballot measures are submitted to the relevant elections official.
2. Provides that for city or county measures placed on the ballot by initiative petition, the persons filing an initiative petition may file a written argument in favor of the ordinance, and the governing body may submit an argument against the ordinance.
3. Provides for measures placed on the ballot by the city or county governing body, the governing body, or a member or members of the body authorized by that body, or an individual voter who is eligible to vote on the measure, or a bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against the measure. An argument shall not exceed 300 words in length. Requires the elections official to enclose a printed copy of both arguments with each voter information guide.
4. Provides if more than one argument for or more than one argument against any measure is submitted to the county elections official within the time prescribed, the county elections official shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument the county elections official shall give preference and priority in the order named to the arguments of the following:
5. The board of supervisors or a member or members of the board.
6. The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
7. Bona fide associations of citizens.
8. Individual voters who are eligible to vote on the measure.
   
9. Provides that the process for selecting city ballot measure arguments in nearly identical form to the one above for county measures. The only difference between the two is that in the first position of the hierarchy the city instead provides “the legislative body, or member or members of the legislative body authorized by that body,” instead of the board of supervisors.

This bill:

1. Provides that in order to enable a city or county elections official (as applicable) to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a county measure shall submit with its argument a copy of one of the following:
2. Its articles of incorporation.
3. Letterhead containing the name of the organization and its principal officers.
4. If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization.

BACKGROUND

Bona fide is as bona fide does… Bona fide is an adjective defined by Dictionary.com as 1. made, done, presented, etc., in good faith; without deception or fraud and, 2. authentic; true.

During the November 8, 2016 election, a ballot measure argument opposing a school bond measure (Measure S) on the Orange County ballot took center stage. Two arguments in opposition to the bond measure had been simultaneously submitted to the county registrar of voters for inclusion on the ballot. The Orange County registrar of voters determined both arguments had been submitted by bona fide associations of citizens, and so conducted a random drawing to determine which argument would be placed on the ballot. This caused the losing association to file suit against the Orange County registrar of voters contending that the other organization did not represent a “bona fide association,” and sought at the very least, that the court change the wording of their argument.

By law, ballot arguments presented by a bona fide association of citizens carry equal weight in the selection process, and take precedence over arguments submitted by individual voters who are eligible to vote on the measure.

Although the plaintiff contended the selected argument deprived voters of their right to receive meaningful information, on August 31, 2016, Superior Court Judge Andrew Banks ruled in favor of the registrar’s selection process because the registrar had determined both groups were bona fide associations of citizens, as well as his reluctance to put the court in the position of which party’s free political speech was more deserving of being on the ballot argument against Measure S.

COMMENTS

1. According to the author: When a measure is placed on the ballot, elected officials, bona fide associations of citizens, or individual voters may submit arguments for or against the measure to be placed in the voter pamphlet.
   
   Only one argument for each side is chosen for the voter pamphlet, and election officials use the following predetermined hierarchy when selecting the argument:
   1. The board of supervisors or a member or members of the board.
   2. The individual voters or bona fide associations of citizens who are the bona fide sponsors or proponents of the measure.
   3. Bona fide association of citizens.
   4. Individual voters who are eligible to vote on the measure.

However, where there are no submissions from the first or second groups on the hierarchy, problems can arise when two or more groups or individuals submit arguments either in favor or against a measure where at least one claims to be a bona fide association of citizens. Current law provides very little guidance for election officials on the criteria for qualifying as a bona fide association of citizens.

RELATED/PRIOR LEGISLATION

AB 2796 (Assembly Elections and Redistricting, Chapter 401, Statutes of 2010), among other things, repealed a requirement that a member or members of a school board be authorized by the board in order to file a written argument for or against any school measure.

POSITIONS

Sponsor: Orange County Board of Supervisors

Support: California State Association of Counties

Howard Jarvis Taxpayers Association

Rural County Representatives of California

Urban Counties of California

Oppose: None received

-- END --