SECTIONS 9500-9509 - California Statutes

ELECTIONS CODE

SECTION 9500-9509

9500. Whenever a school measure qualifies for a place on the
ballot, the county elections official shall transmit a copy of the
measure to the county counsel or to the district attorney in any
county that has no county counsel.
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 shall not exceed 500 words in length.

9501. (a) The governing board of the district or any member or
members of the board, or any individual voter who is eligible to vote
on the measure, or bona fide association of citizens, or any
combination of such voters and associations may file a written
argument for or against any school measure. No argument shall exceed
300 words in length. The elections official shall cause an argument
for and an argument against the measure, if submitted, to be printed,
and shall include the arguments, preceded by the analysis, in the
voter information pamphlet that accompanies the sample ballot.
(b) 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, designating the
measure. At the discretion of the 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 measure.

9501.5. 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. If any argument is signed by more than
five persons, the signatures of the first five shall be printed.

9502. Based on the time reasonably necessary to prepare and print
the arguments, and to permit the 10-calendar-day public examination
as provided in Section 9509, the person conducting the election shall
fix and determine a reasonable date prior to the election after
which no arguments for or against any school measure may be submitted
to him or her for printing and distribution to the voters. Notice of
the date fixed shall be published pursuant to Section 6061 of the
Government Code. Arguments may be changed until and including the
date fixed by the person conducting the election.

9503. 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:
(a) The governing board of the district or a member or members of
the board.
(b) 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.
(c) Bona fide associations of citizens.
(d) Individual voters who are eligible to vote on the measure.

9504. (a) When an argument in favor and an argument against a
measure have been selected for publication in the voter information
pamphlet the elections 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.

9508. Whenever a proposition relating to the approval of district
bonds and a proposition, which is conditioned by the State Allocation
Board on the approval of the bond issue, relating to the acceptance
and expenditure of state school building aid funds, are to be
submitted to the voters of a district on the same ballot, both
propositions may be combined in such a manner that the proposed
obligations of the district are clearly expressed, and the voter may
cast one "Yes" or "No" vote upon the combined proposition.
The combined proposition shall, as nearly as practicable, be
worded in accordance with the statutory requirements for the wording
of each component proposition.

9509. (a) The elections official shall make a copy of the materials
referred to in Sections 9500, 9501, and 9504 available for public
examination in his or her office for a period of 10 calendar days
immediately following the filing deadline for submission of those
documents. Any person may obtain a copy of the materials from the
elections official for use outside of the elections official's
office. The elections official may charge a fee to any person
obtaining a copy of the material. The fee may not exceed the actual
cost incurred by the elections official in providing the copy.
(b) (1) During the 10-calendar-day public examination period
provided by this section, any voter of the jurisdiction in which the
election is being held may seek a writ of mandate or an injunction
requiring any or all of the materials to be amended or deleted. The
writ of mandate or injunction request shall be filed no later than
the end of the 10-calendar-day public examination period.
(2) A peremptory writ of mandate or an injunction shall be issued
only upon clear and convincing proof that the material in question is
false, misleading, or inconsistent with this chapter, and that
issuance of the writ or injunction will not substantially interfere
with the printing or distribution of official election materials as
provided by law.
(3) The elections official shall be named as respondent and the
person or official who authored the material in question shall be
named as real parties in interest.