AB 421 — Elections: referendum measures.

Summary

(1) Existing law imposes ballot layout specifications, including, among other things, the content of the ballot label, defined as that portion of the ballot containing the names of the candidates or the statement of a measure. Existing law requires the ballot label to include, among other things, a condensed version of the ballot title and summary and a list of the names of supporters and opponents, as specified. Existing law defines the ballot title and summary and requires that it include a summary of the chief purpose and points, including the fiscal impact, of any measure that appears in the state voter information guide. Existing law requires the ballots used when voting on a statute referred to the voters as a referendum measure to use words asking the voter whether the statute that is the subject to referendum should be adopted, followed by the choices "Yes" and "No." This bill would revise the ballot title and summary and ballot label requirements for statewide referendum measures by instead requiring that the ballot title and summary be posed in the form of a question asking whether the state should keep or overturn the law that is proposed to be overturned, followed by a summary of the chief purposes and points of the law. The bill would require this question and a condensed version of the summary to be included on the ballot label. The bill would require the ballot title and summary that appears in the state voter information guide for a statewide referendum measure to be followed by the measure's top funders, as specified. Commencing January 1, 2025, the bill would additionally require the names of supporters and opponents in the ballot arguments printed in the state voter information guide to be listed on the ballot label, as specified. The bill would require the ballot label for statewide referendum measures to be followed by the choices "Keep the law" and "Overturn the law." (2) Existing law requires the Secretary of State, upon receipt of a referendum measure petition certified to have been signed by the requisite number of qualified voters to issue a certificate of qualification certifying that the referendum measure is qualified for the ballot, notify the proponents of the referendum measure and the elections official of each county that the measure is qualified for the ballot, and include the referendum measure in a list of all statewide referendum measures that have qualified for the ballot, as specified. This bill would, for a referendum measure, require the Secretary of State to identify the date of the next statewide general election or the next special statewide election that will occur not less than 31 days after the date the Secretary of State receives a petition certified to have been signed by the requisite number of qualified voters. The bill would, on the 131st day prior to the date of the identified election, or upon receipt of a certified petition described above, require the Secretary of State to take the steps described above. The bill would void a certificate of qualification for a referendum measure pending on the effective date of this bill and would require the Secretary of State to reissue a new certificate pursuant to these provisions, and permit the proponents of the measure to withdraw the measure, as specified. The bill would, upon the Secretary of State's transmission of notification to the proponents and elections officials, provide that the statute that is the subject of the referendum measure ceases to have effect unless and until the Secretary of State or a court of competent jurisdiction concludes that the petition was not signed by the requisite number of qualified voters, the proponents of the referendum measure withdraw the measure, or the voters vote to keep the statute that is the subject of the referendum at the statewide election in which the referendum measure appears on the ballot. This bill would require any judicial action or proceeding to challenge, review, set aside, void, or annul this bill or any portion of this bill to be commenced within 45 days after the date this bill would become effective, and would prohibit relief granted by the court from interfering with the November 5, 2024, statewide general election or any special election held after the date this bill would become effective. (3) Existing law requires the state voter information guide to contain, as to each state measure to be voted upon, the official summary prepared by the Attorney General, among other things. This bill would require, in the state voter information guide for a statewide referendum measure, that the official summary prepared by the Attorney General be followed by a blank horizontal line and a listing of the top funders of the petition to overturn the law, as specified. The bill would require the Secretary of State to determine the list of top funders no later than the date a referendum qualifies for the ballot. The Political Reform Act of 1974, an initiative measure, authorizes the Legislature, without following the procedures required for amending the act absent voter approval, to add to the ballot pamphlet information regarding candidates or other information. This bill would declare that it permits or requires the inclusion of additional information in the ballot pamphlet in accordance with the above-described authority. (4) Because this bill would impose new requirements on local elections officials, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. (5) This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

• Chaptered 09/08/23 - Chaptered Current pdf September 08, 2023
• Enrolled 09/05/23 - Enrolled pdf September 05, 2023
• Amended 08/30/23 - Amended Senate pdf August 30, 2023
• Amended 08/14/23 - Amended Senate pdf August 14, 2023
• Amended 07/10/23 - Amended Senate pdf July 10, 2023
• Amended 05/18/23 - Amended Assembly pdf May 18, 2023
• Amended 04/12/23 - Amended Assembly pdf April 12, 2023
• Amended 03/23/23 - Amended Assembly pdf March 23, 2023
• Introduced 02/02/23 - Introduced pdf February 02, 2023
• AB421 View text html

Action History

1. September 08, 2023

   Chaptered by Secretary of State - Chapter 162, Statutes of 2023.

2. September 08, 2023

   Approved by the Governor.

3. September 05, 2023

   Enrolled and presented to the Governor at 3 p.m.

4. September 05, 2023

   Urgency clause adopted. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 55. Noes 17. Page 2935.).

5. September 05, 2023

   Assembly Rule 77 suspended. (Ayes 58. Noes 17. Page 2934.)

6. September 05, 2023

   Assembly Rule 63 suspended. (Ayes 58. Noes 17. Page 2934.)

7. September 05, 2023

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 7 pursuant to Assembly Rule 77.

8. September 05, 2023

   Read third time. Urgency clause adopted. Passed. Ordered to the Assembly. (Ayes 29. Noes 9. Page 2352.).

9. August 31, 2023

   Read second time. Ordered to third reading.

10. August 30, 2023

    Read third time and amended. Ordered to second reading.

11. August 29, 2023

    Read second time. Ordered to third reading.

12. August 28, 2023

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8.

13. August 21, 2023

    In committee: Hearing postponed by committee.

14. August 14, 2023

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

15. August 09, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

16. July 10, 2023

    Read second time and amended. Re-referred to Com. on APPR.

17. July 06, 2023

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 5).

18. June 14, 2023

    Referred to Com. on E. & C.A.

19. June 01, 2023

    In Senate. Read first time. To Com. on RLS. for assignment.

20. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 60. Noes 18. Page 2001.)

21. May 22, 2023

    Read second time. Ordered to third reading.

22. May 19, 2023

    Measure version as amended on May 18 corrected.

23. May 18, 2023

    Read second time and amended. Ordered returned to second reading.

24. May 18, 2023

    From committee: Amend, and do pass as amended. (Ayes 11. Noes 4.) (May 18).

25. May 10, 2023

    In committee: Set, first hearing. Referred to APPR. suspense file.

26. April 19, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on APPR.

27. April 17, 2023

    Re-referred to Com. on ELECTIONS.

28. April 12, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

29. March 27, 2023

    Re-referred to Com. on ELECTIONS.

30. March 23, 2023

    From committee chair, with author's amendments: Amend, and re-refer to Com. on ELECTIONS. Read second time and amended.

31. March 23, 2023

    Referred to Com. on ELECTIONS.

32. February 03, 2023

    From printer. May be heard in committee March 5.

33. February 02, 2023

    Read first time. To print.

Sponsors

• Robert Rivas · Cosponsor
• Juan Carrillo · Cosponsor
• Isaac G. Bryan · Primary
• Dawn Addis · Cosponsor
• Steve Bennett · Cosponsor
• Marc Berman · Cosponsor
• Tasha Boerner · Cosponsor
• Mia Bonta · Cosponsor
• Lisa Calderon · Cosponsor
• Juan Carrillo · Cosponsor
• Sabrina Cervantes · Cosponsor
• Damon Connolly · Cosponsor
• Mike Fong · Cosponsor
• Friedman · Cosponsor
• Jesse Gabriel · Cosponsor
• Matt Haney · Cosponsor
• Gregg Hart · Cosponsor
• Corey A. Jackson · Cosponsor
• Ash Kalra · Cosponsor
• Alex Lee · Cosponsor
• Josh Lowenthal · Cosponsor
• Tina McKinnor · Cosponsor
• Liz Ortega · Cosponsor
• Santiago · Cosponsor
• Pilar Schiavo · Cosponsor
• Christopher M. Ward · Cosponsor
• Josh Becker · Cosponsor
• Catherine S. Blakespear · Cosponsor
• Lena A. Gonzalez · Cosponsor
• Caroline Menjivar · Cosponsor
• Portantino · Cosponsor
• Lola Smallwood-Cuevas · Cosponsor
• Scott D. Wiener · Cosponsor

Votes

Subjects