SECTIONS 88000-88007 - California Statutes

GOVERNMENT CODE

SECTION 88000-88007

88000. There shall be a state ballot pamphlet which shall be
prepared by the Secretary of State.

88001. 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if any, that would be repealed or revised by each state measure.
(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 of the Elections Code.
(h) The Voter Bill of Rights pursuant to Section 2300 of the
Elections Code.
(i) If the ballot contains an election for the office of United
States Senator, information on candidates for United States Senator.
A candidate for United States Senator may purchase the space to place
a statement in the state ballot pamphlet that does not exceed 250
words. The statement may not make any reference to any opponent of
the candidate. The statement shall be submitted in accordance with
timeframes and procedures set forth by the Secretary of State for the
preparation of the state ballot pamphlet.
(j) If the ballot contains a question as to the confirmation or
retention of a justice of the Supreme Court, information on justices
of the Supreme Court who are subject to confirmation or retention.
(k) If the ballot contains an election for the offices of
President and Vice President of the United States, a notice that
refers voters to the Secretary of State's Internet Web site for
information about candidates for the offices of President and Vice
President of the United States.
(l) A written explanation of the appropriate election procedures
for party-nominated, voter-nominated, and nonpartisan offices as
required by Section 9083.5 of the Elections Code.

88002. 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) The 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,
then 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 page on which
the analysis of the Legislative Analyst ends. 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."

88002.5. (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 88006.

88003. 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 which will easily be 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 which the
average voter needs to understand the measure adequately. 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 submission of 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 which 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.

88004. 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.

88005. 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 8-point type.
(b) It 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.

88005.5. The Legislative Counsel shall prepare and proofread the
texts of all measures and the provisions which are repealed or
revised.

88006. 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 the 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
chapter or the Elections 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.

88007. Notwithstanding the provisions of Section 81012, the
Legislature may without restriction amend this chapter to add to the
ballot pamphlet information regarding candidates or any other
information.