2007 California Elections Code Article 7. Ballot Pamphlet

CA Codes (elec:9080-9096)

9080.  The provisions of Sections 9084 to 9093, inclusive, are a
restatement of, and shall be construed in conformity with, Sections
88001 to 88007, inclusive, of the Government Code.



9081.  There shall be a state ballot pamphlet, that the Secretary of
State shall prepare.



9082.  The Secretary of State shall cause to be printed as many
ballot pamphlets as needed to comply with this code.
   The ballot pamphlets shall be printed in the Office of State
Printing unless the Director of General Services determines that the
printing of the pamphlets in the Office of State Printing cannot be
done adequately, competently, or satisfactorily, in which case the
Secretary of State, subject to the approval of the Director of
General Services, shall contract with a private printing concern for
the printing of all or a part of the pamphlets.
   Copy for preparation of the ballot pamphlets shall be furnished to
the Office of State Printing at least 40 days prior to the date for
required delivery to the elections officials as provided in Section
9094.


9082.5.  The Secretary of State shall cause to be produced an
audiocassette recorded version of the state ballot pamphlet.  This
recorded cassette version shall be made available in quantities to be
determined by the Secretary of State and shall contain an impartial
summary, arguments for and against, rebuttal arguments, and other
information concerning each measure that the Secretary of State
determines will make the cassette recorded version of the state
ballot pamphlet easier to understand or more useful to the average
voter.


9082.7.  The Secretary of State shall disseminate the complete state
ballot pamphlet over the Internet.



9083.  If the ballot contains a question as to the confirmation of a
justice of the Supreme Court or a court of appeal, the Secretary of
State shall include in the state ballot pamphlet a written
explanation of the electoral procedure for justices of the Supreme
Court and the courts of appeal.  The explanation shall state the
following:
   "Under the California Constitution, justices of the Supreme Court
and the courts of appeal are subject to confirmation by the voters.
The public votes "yes" or "no" on whether to retain each justice.
   "These judicial offices are nonpartisan.
   "Before a person can become an appellate justice, the Governor
must submit the candidate's name to the Judicial Nominees Evaluation
Commission, which is comprised of public members and lawyers.  The
commission conducts a thorough review of the candidate's background
and qualifications, with community input, and then forwards its
evaluation of the candidate to the Governor.
   "The Governor then reviews the commission's evaluation and
officially nominates the candidate, whose qualifications are subject
to public comment before examination and review by the Commission on
Judicial Appointments.  That commission consists of the Chief Justice
of California, the Attorney General of California, and a senior
Presiding Justice of the Courts of Appeal.  The Commission on
Judicial Appointments must then confirm or reject the nomination.
Only if confirmed does the nominee become a justice.
   "Following confirmation, the justice is sworn into office and is
subject to voter approval at the next gubernatorial election, and
thereafter at the conclusion of each term.  The term prescribed by
the California Constitution for justices of the Supreme Court and
courts of appeal is 12 years.  Justices are confirmed by the
Commission on Judicial Appointments only until the next gubernatorial
election, at which time they run for retention of the remainder of
the term, if any, of their predecessor, which will be either four or
eight years."



9084.  The ballot pamphlet 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.
   (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 ballot
pamphlet easier to understand or more useful for the average voter.

   (f) A notice, conspicuously printed on the cover of the ballot
pamphlet, indicating that additional copies of the ballot pamphlet
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.



9085.  (a) The ballot pamphlet shall also contain a section, located
near the front of the pamphlet, that provides a concise summary of
the general meaning and effect of "yes" and "no" votes on each state
measure.
   (b) The summary statements required by this section shall be
prepared by the Legislative Analyst.  These statements are not
intended to provide comprehensive information on each measure.  The
Legislative Analyst shall be solely responsible for determining the
contents of these statements.  The statements shall be available for
public examination and amendment pursuant to Section 9092.



9086.  The ballot pamphlet shall contain as to each state measure to
be voted upon, the following, in the order set forth in this
section:
   (a) Upon the top portion of the first page, and not exceeding
one-third of the page, shall appear:
   (1) Identification of the measure by number and title.
   (2) The official summary prepared by the Attorney General.
   (3) 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.
   (b) Beginning at the top of the right page shall appear the
analysis prepared by the Legislative Analyst, provided that 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) 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.
   (d) If no argument against the measure has been submitted, the
argument for the measure shall appear on the right page facing the
analysis.
   (e) The complete text of each measure shall appear at the back of
the pamphlet. The text of the measure shall contain the provisions of
the proposed measure and the existing provisions of law repealed or
revised by the measure.  The provisions of the proposed measure
differing from the existing provisions of law affected shall be
distinguished in print, so as to facilitate comparison.
   (f) 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."



9087.  The Legislative Analyst shall prepare an impartial analysis
of the measure describing the measure and including a fiscal analysis
of the measure showing the amount of any increase or decrease in
revenue or cost to state or local government.  Any estimate of
increased cost to local governments shall be set out in boldface
print in the ballot pamphlet.  The analysis shall be written in clear
and concise terms, so as to be easily understood by the average
voter, and shall avoid the use of technical terms wherever possible.
The analysis may contain background information, including the
effect of the measure on existing law and the effect of enacted
legislation which will become effective if the measure is adopted,
and shall generally set forth in an impartial manner the information
the average voter needs to adequately understand the measure.  The
Legislative Analyst may contract with professional writers,
educational specialists or other persons for assistance in writing an
analysis that fulfills the requirements of this section, including
the requirement that the analysis be written so that it will be
easily understood by the average voter.  The Legislative Analyst may
also request the assistance of any state department, agency, or
official in preparing his or her analysis.  Prior to submitting the
analysis to the Secretary of State, the Legislative Analyst shall
submit the analysis to a committee of five persons, appointed by the
Legislative Analyst, for the purpose of reviewing the analysis to
confirm its clarity and easy comprehension to the average voter.  The
committee shall be drawn from the public at large, and one member
shall be a specialist in education, one shall be bilingual, and one
shall be a professional writer.  Members of the committee shall be
reimbursed for reasonable and necessary expenses incurred in
performing their duties.  Within five days of the submission of the
analysis to the committee, the committee shall make such
recommendations to the Legislative Analyst as it deems appropriate to
guarantee that the analysis can be easily understood by the average
voter.  The Legislative Analyst shall consider the committee's
recommendations, and he or she shall incorporate in the analysis
those changes recommended by the committee that he or she deems to be
appropriate.   The Legislative Analyst is solely responsible for
determining the content of the analysis required by this section.
The title of the measure that appears on the ballot shall be amended
to contain a summary of the Legislative Analyst's estimate of the net
state and local government financial impact.



9088.  (a) At each statewide election at which state bond measures
will be submitted to the voters for their approval or rejection, the
ballot pamphlet for that election shall include a discussion,
prepared by the Legislative Analyst, of the state's current bonded
indebtedness situation.
   (b) This discussion shall include information as to the dollar
amount of the state's current authorized and outstanding bonded
indebtedness, the approximate percentage of the state's General Fund
revenues which are required to service this indebtedness, and the
expected impact of the issuance of the bonds to be approved at the
election on the items specified in this subdivision.  In cases where
a bond measure allocates funds for programs, the discussion shall
also include, to the extent practicable, the proportionate share of
funds for each major program funded by the measure.
   (c) The discussion required by this section shall appear on a
separate page in the ballot pamphlet immediately following the
rebuttal to the argument against the last ballot measure included in
the ballot pamphlet.


9089.  Measures shall be printed in the ballot pamphlet, so far as
possible, in the same order, manner and form in which they are
designated upon the ballot.


9090.  The ballot pamphlet shall be printed according to the
following specifications:
   (a) The pamphlet shall be printed in clear readable type, no less
than 10-point, except that the text of any measure may be set forth
in eight-point type.
   (b) The pamphlet shall be of a size and printed on a quality and
weight of paper which, in the judgment of the Secretary of State,
best serves the voters.
   (c) The pamphlet shall contain a certificate of correctness by the
Secretary of State.



9091.  The Legislative Counsel shall prepare and proofread the texts
of all measures and the provisions which are repealed or revised.



9092.  Not less than 20 days before he or she submits the copy for
the ballot pamphlet to the State Printer, the Secretary of State
shall make the copy available for public examination.  Any elector
may seek a writ of mandate requiring any copy to be amended or
deleted from the ballot pamphlet.  A peremptory writ of mandate shall
issue only upon clear and convincing proof that the copy in question
is false, misleading, or inconsistent with the requirements of this
code or Chapter 8 (commencing with Section 88000) of Title 9 of the
Government Code, and that issuance of the writ will not substantially
interfere with the printing and distribution of the ballot pamphlet
as required by law.  Venue for a proceeding under this section shall
be exclusively in Sacramento County.  The Secretary of State shall be
named as the respondent and the State Printer and the person or
official who authored the copy in question shall be named as real
parties in interest.  If the proceeding is initiated by the Secretary
of State, the State Printer shall be named as the respondent.



9093.  Notwithstanding Section 81012 of the Government Code, the
Legislature may without restriction amend this article to add to the
ballot pamphlet information regarding candidates or any other
information.


9094.  (a) The Secretary of State shall mail ballot pamphlets to
voters, in those instances in which the county elections official
uses data processing equipment to store the information set forth in
the affidavits of registration, before the election at which measures
contained in the ballot pamphlet are to be voted on unless a voter
has registered fewer than 29 days before the election. The mailing
shall commence not less than 40 days before the election and shall be
completed no later than 21 days before the election for those voters
who registered on or before the 60th day before the election. The
Secretary of State shall mail one copy of the ballot pamphlet to each
registered voter at the postal address stated on the voter's
affidavit of registration, or the Secretary of State may mail only
one ballot pamphlet to two or more registered voters having the same
postal address.
   (b) In those instances in which the county elections official does
not utilize data processing equipment to store the information set
forth in the affidavits of registration, the Secretary of State shall
furnish ballot pamphlets to the county elections official not less
than 45 days before the election at which measures contained in the
ballot pamphlet are to be voted on and the county elections official
shall mail ballot pamphlets to voters, on the same dates and in the
same manner provided by subdivision (a).
   (c) The Secretary of State shall provide for the mailing of ballot
pamphlets to voters registering after the 60th day before the
election and before the 28th day before the election, by either: (1)
mailing in the manner as provided in subdivision (a), or (2)
requiring the county elections official to mail ballot pamphlets to
those voters registering in the county after the 60th day before the
election and before the 28th day before the election pursuant to the
provisions of this section. The second mailing of ballot pamphlets
shall be completed no later than 10 days before the election. The
county elections official shall mail a ballot pamphlet to any person
requesting a ballot pamphlet. Three copies, to be supplied by the
Secretary of State, shall be kept at every polling place, while an
election is in progress, so that they may be freely consulted by the
voters.


9095.  Any costs incurred by a county for mailing the ballot
pamphlets pursuant to the provisions of subdivisions (b) and (c) of
Section 9094 shall be reimbursed to the county by the Secretary of
State.


9096.  (a) As soon as copies of the ballot pamphlet 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 thereof.
   (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 institution of higher learning. Upon request, and in the
discretion of the Secretary of State, additional copies may be
furnished to these persons and institutions.