Section § 9050

Explanation

This law explains that once the Secretary of State decides a measure will be on the ballot for a statewide election, they must quickly send it to the Attorney General. The Attorney General then gives back a short title and summary for the ballot to the Secretary of State. This needs to happen in time to fit the state voter guide deadlines. For initiatives or measures from the Legislature, the Secretary of State must, within a week, provide a ballot label to county election officials with the title and summary and a list of supporters and opponents. For referendums, starting in 2025, this list will include the names of people for and against the measure as noted in ballot arguments.

(a)CA Elections Code § 9050(a) After the Secretary of State determines that a measure will appear on the ballot at the next statewide election, the Secretary of State shall promptly transmit a copy of the measure to the Attorney General. The Attorney General shall provide and return to the Secretary of State a ballot title and summary, as described in subdivision (b) of Section 303.5, and the condensed ballot title and summary prepared pursuant to Section 303 for each measure submitted to the voters of the whole state by a date sufficient to meet the state voter information guide public display deadlines.
(b)Copy CA Elections Code § 9050(b)
(1)Copy CA Elections Code § 9050(b)(1) For each statewide initiative measure, or measure proposed by the Legislature, within one week after receiving the lists of supporters and opponents of a measure, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed title and summary prepared by the Attorney General followed by the list of supporters and opponents, pursuant to Section 303.1.
(2)CA Elections Code § 9050(b)(2) For each statewide referendum measure, the Secretary of State shall provide to county elections officials the ballot label, consisting of the condensed title and summary prepared by the Attorney General. Commencing January 1, 2025, the condensed title and summary shall be followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c) of Section 9051.

Section § 9051

Explanation

This law outlines the rules for creating ballot titles and summaries for statewide measures, which are presented to voters. Ballot titles can differ from other titles related to the measure and should be concise, usually not exceeding 100 words. They must include a summary of the fiscal impact.

There are specific guidelines for how supporters' and opponents' names should be listed on the ballot. Supporters and opponents must be credible entities or individuals, having been established for a minimum of four years. Each list is limited to 125 characters, and both must meet certain criteria. Political parties are not allowed on these lists.

The Secretary of State must confirm that all relevant documentation is provided with those lists. Additionally, the Attorney General is tasked with ensuring that the title and summary of the measure are clear, unbiased, and free from persuasive language.

(a)Copy CA Elections Code § 9051(a)
(1)Copy CA Elections Code § 9051(a)(1) The ballot title and summary may differ from the legislative, circulating, or other title and summary of the measure and shall not exceed 100 words, not including the fiscal impact statement.
(2)CA Elections Code § 9051(a)(2) The ballot title and summary shall include a summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code.
(b)Copy CA Elections Code § 9051(b)
(1)Copy CA Elections Code § 9051(b)(1) The condensed ballot title and summary for a statewide initiative measure, or measure proposed by the Legislature, shall not contain more than 75 words and shall be a condensed version of the ballot title and summary including the financial impact summary prepared pursuant to Section 9087 of this code and Section 88003 of the Government Code.
(2)CA Elections Code § 9051(b)(2) The condensed title and summary for a statewide referendum measure shall not contain more than 75 words, including the ballot title that shall be in the form of a question as specified in Section 303.1.
(c)Copy CA Elections Code § 9051(c)
(1)Copy CA Elections Code § 9051(c)(1) The ballot label for a statewide initiative measure, or measure proposed by the Legislature, shall include the condensed ballot title and summary described in paragraph (1) of subdivision (b), followed by the following:
(A)CA Elections Code § 9051(c)(1)(A) After the text “Supporters:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument in favor of the ballot measure printed in the state voter information guide. The list of supporters shall not exceed 125 characters in length. Each supporter shall be separated by a semicolon. A nonprofit organization, business, or individual shall not be listed unless they support the ballot measure.
(B)CA Elections Code § 9051(c)(1)(B) After the text “Opponents:”, a listing of nonprofit organizations, businesses, or individuals taken from the signers or the text of the argument against the ballot measure printed in the state voter information guide. The list of opponents shall not exceed 125 characters in length. Each opponent shall be separated by a semicolon. A nonprofit organization, business, or individual shall not be listed unless they oppose the ballot measure.
(C)CA Elections Code § 9051(c)(1)(C) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) unless it is one of the following:
(i)CA Elections Code § 9051(c)(1)(C)(i) A nonprofit organization that was not originally created as a committee described in Section 82013 of the Government Code, that has been in existence for at least four years, and that, during the four-year period prior to the time that the organization is listed pursuant to subparagraph (A) or (B), either has received contributions from more than 500 donors or has had at least one full-time employee.
(ii)CA Elections Code § 9051(c)(1)(C)(ii) A business that has been in existence for at least four years and that has had at least one full-time employee during the four-year period prior to the time that the organization is listed pursuant to subparagraph (A) or (B).
(iii)CA Elections Code § 9051(c)(1)(C)(iii) A current or former elected official, who may be listed with the official’s title (e.g., “State Senator Mary Smith,” “Assembly Member Carlos Garcia,” or “former Eureka City Council Member Amy Lee”). These titles may be shortened (e.g. “Senator” or “Sen.” for “State Senator” or “Asm.” for “Assembly Member”).
(iv)CA Elections Code § 9051(c)(1)(C)(iv) An individual who is not a current or former elected official may be listed only with the individual’s first and last name and an honorific (e.g., “Dr.,” “M.D.,” “Ph.D.,” or “Esquire”), with no other title or designation, unless it is a title representing a nonprofit organization or business that meets the requirements of clause (i) or (ii) and that is eligible to be listed under subparagraph (A) if the individual supports the ballot measure or under subparagraph (B) if the individual opposes the ballot measure.
(D)CA Elections Code § 9051(c)(1)(D) Spaces, commas, semicolons, and any other characters count towards the 125-character limit in subparagraphs (A) and (B).
(E)CA Elections Code § 9051(c)(1)(E) A supporter or opponent shall not be listed pursuant to subparagraph (A) or (B) if the supporter or opponent is a political party or is representing a political party.
(F)CA Elections Code § 9051(c)(1)(F) The name of a nonprofit organization or business included in the list of supporters and opponents as required by this subdivision may be shortened by the proponents or opponents who submit it using acronyms, abbreviations, or by leaving out words in the entity’s name, as long as doing so would not confuse voters with another well-known organization or business that did not take the same position on the ballot measure (e.g., “Hot Air Balloon Flyers of Montana Education Fund” may be shortened to “Hot Air Balloons Montana”).
(G)CA Elections Code § 9051(c)(1)(G) Supporters and opponents listed on the ballot label pursuant to subparagraph (A) or (B) shall be added as text after the condensed ballot title and summary and shall be separated by semicolons. Supporters and opponents need not be displayed on separate horizontal lines on the ballot. If no list of supporters is provided by the proponents or there are none that meet the requirements of this section, then “Supporters:” shall be followed by “None submitted.” If no list of opponents is provided by the opponents or there are none that meet the requirements of this section, then “Opponents:” shall be followed by “None submitted.”
(H)CA Elections Code § 9051(c)(1)(H) If the ballot emphasizes the text “Supporters:” or “Opponents:” by use of boldface font, underlining, or any other method that differentiates that text from the list of supporters or opponents that follow, the text “Supporters:” or “Opponents:” may be displayed with only the initial letter capitalized. If that text is not emphasized, then each letter of that text shall be capitalized.
(I)CA Elections Code § 9051(c)(1)(I) If including the list of Supporters and Opponents in the ballot labels as required by this section would necessitate the printing of an extra ballot card compared to the ballot labels not including them, the type size of the part of all of the ballot labels starting with “Supporters:” may be reduced by the minimal amount needed to stop them from necessitating an extra ballot card, as long as the type size is no smaller than 8-point and as long as the type size is reduced by the same amount for all ballot measures.
(2)Copy CA Elections Code § 9051(c)(2)
(A)Copy CA Elections Code § 9051(c)(2)(A) The proponents of a statewide initiative measure or measure proposed by the Legislature, or, commencing January 1, 2025, the supporters of the statute subject to a statewide referendum, shall provide the list of supporters described in subparagraph (A) of paragraph (1) to the Secretary of State when submitting the arguments supporting the ballot measure.
(i)CA Elections Code § 9051(c)(2)(A)(i) For every supporter listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the supporters shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business supports the measure, (II) that the nonprofit organization or business has been in existence for at least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code.
(ii)CA Elections Code § 9051(c)(2)(A)(ii) For every supporter listed that is an individual, the proponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual supports the measure.
(B)CA Elections Code § 9051(c)(2)(A)(B) The opponents of a statewide initiative measure or measure proposed by the Legislature, or, commencing January 1, 2025, the opponents of the statute subject to a statewide referendum, shall provide the list of opponents described in subparagraph (B) of paragraph (1) to the Secretary of State when submitting the arguments opposing the ballot measure.
(i)CA Elections Code § 9051(c)(2)(A)(B)(i) For every opponent listed that is a nonprofit organization, a business, or an individual whose title includes a nonprofit organization or business, the opponents shall include a signed statement by a representative of the nonprofit organization or business, under penalty of perjury, that includes its name and business address and that attests (I) that the nonprofit organization or business opposes the measure, (II) that the nonprofit organization or business has been in existence for at least four years, (III) that the nonprofit organization or business has had at least one full-time employee for the last four years, or, if it is a nonprofit organization, that it has had at least 500 donors in the last four years, and (IV) that it was not originally created as a committee described in Section 82013 of the Government Code.
(ii)CA Elections Code § 9051(c)(2)(A)(B)(ii) For every opponent listed that is an individual, the opponents shall include a signed statement by the individual that includes the individual’s name and address and attests that the individual opposes the measure.
(C)CA Elections Code § 9051(c)(2)(A)(C) In order to enable the Secretary of State to determine whether the nonprofit organizations and businesses listed in the supporters or opponents have been in existence for at least four years, the proponents and opponents shall submit with the list of supporters and opponents described in subparagraphs (A) and (B) a certified copy of the articles of incorporation, articles of organization, or similar document for each nonprofit organization or business on the list that verifies that the nonprofit organization or business has been in existence for at least four years.
(D)CA Elections Code § 9051(c)(2)(A)(D) The Secretary of State shall confirm that a submission listing supporters or opponents includes the documentation required by subparagraphs (A) through (C) and otherwise meets the requirements of this section. The Secretary of State shall ask the proponents or opponents to resubmit a list if the requirements are not met. The Secretary of State may establish deadlines by when proponents or opponents must resubmit a list and any other documents required by the Secretary of State to meet the deadline in subdivision (b) of Section 9050.
(d)Copy CA Elections Code § 9051(d)
(1)Copy CA Elections Code § 9051(d)(1) Commencing January 1, 2025, the ballot label for a statewide referendum measure shall include the condensed title and summary described in paragraph (2) of subdivision (b), followed by a listing of the names of supporters and opponents in the ballot arguments printed in the state voter information guide as described in subdivision (c).
(2)CA Elections Code § 9051(d)(2) For purposes of subparagraph (A) of paragraph (1) of subdivision (c), “Supporters” shall be listed on the ballot label as “Supporters of the law” for statewide referendum measures.
(3)CA Elections Code § 9051(d)(3) For purposes of subparagraph (B) of paragraph (1) of subdivision (c), “Opponents” shall be listed on the ballot label as “Opponents of the law” for statewide referendum measures.
(e)CA Elections Code § 9051(e) In providing the ballot title and summary, the Attorney General shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.
(f)CA Elections Code § 9051(f) The Attorney General shall invite and consider public comment in preparing each ballot title and summary.

Section § 9053

Explanation

Each measure on the ballot must have a specific label that is officially certified by the Secretary of State.

Each measure shall be designated on the ballot by the ballot label certified by the Secretary of State.

Section § 9054

Explanation

This law section details the requirements for translating ballot materials into other languages when mandated by federal law, specifically for state measures in California elections. If a city or county needs these translations, the Secretary of State must provide translations of the ballot title, summary, and label at least 68 days before the election. They must consult with language experts and relevant organizations while making these translations. The completed translations must be publicly available for review, similar to how the state voter information guide is handled. Furthermore, local election officials must use these translations and are not allowed to hire someone else to do the same translations.

(a)CA Elections Code § 9054(a) Whenever a city, county, or city and county is required by Section 203 (52 U.S.C. Sec. 10503) or Section 4(f)(4) (52 U.S.C. Sec. 10303(f)(4)) of the federal Voting Rights Act of 1965 to provide a translation of ballot materials in a language other than English, the Secretary of State shall provide a translation of the ballot title and summary prepared pursuant to Sections 9050 and 9051 and of the ballot label prepared pursuant to Section 13247 in that language to the city, county, or city and county for each state measure submitted to the voters in a statewide election not later than 68 days before that election.
(b)CA Elections Code § 9054(b) When preparing a translation in a language other than English pursuant to subdivision (a), the Secretary of State shall consult with an advisory body consisting of language experts and nonpartisan organizations that advocate on behalf of, or provide services to, individuals that speak that language.
(c)CA Elections Code § 9054(c) All translations prepared pursuant to this section shall be made available for public examination in the same time and manner as the state voter information guide is made available for public examination in accordance with Section 88006 of the Government Code and Section 9092 of this code.
(d)CA Elections Code § 9054(d) The local elections official shall use that translation of the ballot label on the state voter information guide and the official ballot and may not select or contract with another person to provide translations of the same text.