Official Summary Text
AB 1853, as amended, Pellerin.
Statewide referendum measures: fiscal impact statements.
Voter information guide: candidate statements.
Under existing law, a candidate for the United States House of Representatives or local elective office may purchase space in the county voter information guide to make a candidate statement. A candidate for United States Senate may purchase space for a candidate statement in the state voter information guide. A candidate for state elective office may also purchase space to make a candidate statement in the state voter information guide, but only if the candidate accepts certain voluntary campaign expenditure limits. Existing law prohibits these candidate statements from making any reference to the candidate’s opponents.
This bill would limit a candidate statement to a recitation of the candidate’s own education, professional experience, public service,
community involvement, and qualifications. The bill would prohibit a candidate statement from including, in addition to references to other candidates, attacks, accusations, or characterizations of other individuals or groups; a link or other reference to external content; content that is obscene or profane, or that incites hatred, violence, or discrimination; demonstrably false statements or materially misleading claims; or any other content that is unrelated to the candidate’s qualifications.
The bill would require the Secretary of State and county elections officials to omit from the voter information guide any portion of a candidate statement that does not comply with the bill, and it would require them to print the remainder of the statement if it can stand independently and does not mislead voters. The bill would make a fee paid by a candidate for the printing or inclusion of a candidate statement nonrefundable. The Secretary of State would be authorized to
adopt regulations to implement the bill, and any registered voter could seek appropriate judicial relief to enforce its requirements. By increasing the duties of county elections officials, this bill would create 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.
This bill would declare that it is to take effect immediately as an urgency statute.
Existing law requires the Legislative Analyst to prepare an impartial analysis of a statewide measure that includes a fiscal analysis. If it is estimated that the measure will result in increased cost to the state, the Legislative Analyst must provide an analysis of the measure’s estimated impact on the state. For a referendum measure, existing law requires the ballot label to consist of a condensed title in the form of a question and a condensed summary of the chief purposes and points of the law, and limits the combined condensed title and summary to 75 words.
This bill would clarify that the condensed summary that appears on the ballot label includes the fiscal impact statement.
Existing law requires the state voter information guide to contain a section near the front of the guide that provides a
concise summary of the general meaning and effect of “yes” and “no” votes on each state measure.
This bill would clarify that for a statewide referendum measure, the concise summary must provide the general meaning and effect of a vote to “keep the law” and “overturn the law.”