2007 California Elections Code Article 3. Arguments Concerning County Measures

CA Codes (elec:9160-9168)

9160.  (a) Whenever any county measure qualifies for a place on the
ballot, the county elections official shall transmit a copy of the
measure to the county auditor and to the county counsel or to the
district attorney in any county which has no county counsel.
   (b) The county counsel or district attorney shall prepare an
impartial analysis of the measure showing the effect of the measure
on the existing law and the operation of the measure.  The analysis
shall be printed preceding the arguments for and against the measure.
  The analysis may not exceed 500 words in length.
   In the event the entire text of the measure is not printed on the
ballot, nor in the voter information portion of the sample ballot,
there shall be printed immediately below the impartial analysis, in
no less than 10-point boldface type, a legend substantially as
follows:
   "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."
   The elections official may, at his or her discretion, add the
following message:  "You may also access the full text of the measure
on the county Web site at the following Web site address (insert Web
site address)."
   (c) Not later than 88 days prior to an election that includes a
county ballot measure, the board of supervisors may direct the county
auditor to review the measure and determine whether the substance
thereof, if adopted, would affect the revenues or expenditures of the
county.  He or she shall prepare a fiscal impact statement which
estimates the amount of any increase or decrease in revenues or costs
to the county if the proposed measure is adopted.  The fiscal impact
statement is "official matter" within the meaning of Section 13303,
and shall be printed preceding the arguments for and against the
measure.  The fiscal impact statement may not exceed 500 words in
length.



9161.  If there is no other method provided by law, arguments for
and against any county measure may be submitted to the qualified
voters of the county pursuant to this article.  If a method is
otherwise provided by law for submitting such arguments as to a
particular kind of county measure, that method shall control.




9162.  The board of supervisors or any member or members of the
board authorized by the board, or any individual voter who is
eligible to vote on the measure, or bona fide association of
citizens, or any combination of these voters and associations may
file a written argument for or against any county measure.  No
argument shall exceed 300 words in length.  The county elections
official shall cause an argument for and an argument against the
measure, and the analysis of the measure, to be printed, and shall
enclose a copy of both arguments preceded by the analysis with each
sample ballot.  The printed arguments and the analysis are "official
matter" within the meaning of Section 13303.
   The following statement shall be printed on the front cover, or if
none, on the heading of the first page, of the printed arguments:
   "Arguments in support of or in opposition to the proposed laws are
the opinions of the authors."
   Printed arguments submitted to voters in accordance with this
section shall be titled either "Argument In Favor Of Measure ____" or
"Argument Against Measure ____," accordingly, the blank spaces being
filled in only with the letter or number, if any, which designates
the measure.  At the discretion of the county elections official, the
word "Proposition" may be substituted for the word "Measure" in the
titles.  Words used in the title shall not be counted when
determining the length of any argument.



9163.  Based on the time reasonably necessary to prepare and print
the arguments, analysis, and sample ballots and to permit the
10-calendar-day public examination as provided in Article 5
(commencing with Section 9190) for the particular election, the
county elections official shall fix and determine a reasonable date
prior to the election after which no arguments for or against any
county measure may be submitted for printing and distribution to the
voters as provided in this article.  Notice of the date fixed shall
be published by the county elections official pursuant to Section
6061 of the Government Code.  Arguments may be changed until and
including the date fixed by the county elections official.



9164.  A ballot argument shall not be accepted under this article
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.
   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.


9166.  If more than one argument for or more than one argument
against any county 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:
   (a) The board of supervisors, or member or members of the board
authorized by 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.



9167.  (a) When an argument in favor and an argument against a
measure have been selected for publication in the voter information
pamphlet the official responsible for conducting the election shall
send copies of the argument in favor of the measure to the authors of
the argument against the measure and copies of the arguments against
the measure to the authors of the argument in favor.  The authors
may prepare and submit rebuttal arguments not exceeding 250 words, or
may authorize in writing any other person or persons to prepare,
submit, or sign the rebuttal argument.  The rebuttal arguments shall
be submitted to the elections official conducting the election no
later than a date designated by the elections official.
   (b) Rebuttal arguments shall be printed in the same manner as the
direct arguments.  Each rebuttal argument shall immediately follow
the direct argument that it seeks to rebut and shall be titled
"Rebuttal to Argument in Favor of Measure (or Proposition) ____," or
"Rebuttal to Argument Against Measure (or Proposition) ____," the
blank spaces being filled in only with the letter or number, if any,
designating the measure.  Words used in the title may not be counted
when determining the length of any rebuttal argument.



9168.  (a) Notwithstanding any provision of law to the contrary,
this article shall apply to any district bond election called by, and
the returns of which are canvassed by, the board of supervisors, or
to any district bond election conducted by a district.  This article
shall also apply to any special election, if the board of supervisors
so provides in its proclamation or notice thereof.
   (b) At any election subject to this section:
   (1) "County measure" shall be deemed to refer to any measure as
defined in Section 329.  Section 312 shall not apply.
   (2) Section 9160, and the reference to the analysis of the measure
in Section 9162, shall not apply unless the board of supervisors
directs the officer to prepare the analysis.
   (c) This article shall not apply to any school district bond
election.