There shall be a state ballot pamphlet which shall be prepared by the Secretary of State.
Political ReformBallot Pamphlet
Section § 88000
In California, the Secretary of State is responsible for creating an official state ballot pamphlet.
state ballot pamphlet Secretary of State California election materials
Section § 88001
The ballot pamphlet must include several specific elements to help voters understand the issues and candidates. It should contain the full text of each state measure, any laws that would be changed by these measures, and arguments for and against them. Additionally, it includes analyses, helpful tables or graphics, and a Voter Bill of Rights. The pamphlet also provides information on candidates for U.S. Senate, and if applicable, candidates for the President and Vice President. It will outline judicial retention procedures, and election processes. Plus, it lists top contributors with links for more details online. Voters can request additional copies from local election officials.
The ballot pamphlet shall contain all of the following:
(a)CA Government Code § 88001(a) A complete copy of each state measure.
(b)CA Government Code § 88001(b) A copy of the specific constitutional or statutory provision, if any, that would be repealed or revised by each state measure.
(c)CA Government Code § 88001(c) A
copy of the arguments and rebuttals for and against each state measure.
(d)CA Government Code § 88001(d) A copy of the analysis of each state measure.
(e)CA Government Code § 88001(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)CA Government Code § 88001(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)CA Government Code § 88001(g) A written explanation of the judicial retention procedure as required by Section 9083 of the Elections Code.
(h)CA Government Code § 88001(h) The Voter Bill of Rights pursuant to Section 2300 of the Elections
Code.
(i)CA Government Code § 88001(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)CA Government Code § 88001(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)CA Government Code § 88001(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)CA Government Code § 88001(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.
(m)CA Government Code § 88001(m) A written explanation of the top 10 contributor lists required by Section 84223, including a description of the Internet Web sites where those lists are available to the public.
ballot pamphlet state measures arguments and rebuttals
Section § 88002
This section outlines what must be included in California's ballot pamphlet for state measures. At the top of the first page, you'll find the measure's number and title, followed by an official summary and a note of the top funders who supported putting the measure on the ballot, if it's a referendum. The total votes from the State Senate and Assembly are also listed if the measure was legislatively passed.
The Legislative Analyst's detailed analysis follows, with directions for accessing more information about campaign contributors on the Secretary of State's website. Arguments for and against the measure, along with rebuttals, are printed next, with a disclaimer noting these are opinions, not facts checked by officials.
The complete text of the measure appears at the end, showing changes to existing laws for comparison.
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)Copy CA Government Code § 88002(a)
(1)Copy CA Government Code § 88002(a)(1) Upon the top portion of the first page and not exceeding one-third of the page shall appear:
(A)CA Government Code § 88002(a)(1)(A) The identification of the measure by number and title.
(B)CA Government Code § 88002(a)(1)(B) The official summary prepared by the Attorney General.
(i)CA Government Code § 88002(a)(1)(B)(i) For a statewide referendum measure, the official summary prepared by the Attorney General shall precede all of the following in the order set forth in this clause:
(I)CA Government Code § 88002(a)(1)(B)(i)(I) A blank horizontal line.
(II) After the text “TOP FUNDERS OF PETITION TO OVERTURN THE LAW:” a listing of the three persons who made the most aggregated contributions and expenditures of $50,000 or more to qualify the referendum as of the last day petitions are filed with an elections official. A person who is required to be listed after the official summary pursuant to this clause is a “top funder.”
(III) If a person that is a primarily formed ballot measure committee within the meaning of Section 82047.5 of the Government Code or a general purpose committee within the meaning of Section 82027.5 of the Government Code is one of the persons who made the most aggregated contributions and expenditures to qualify the referendum as of the last day petitions are filed with an elections official, the primarily formed committee or general purpose committee shall not be
listed as a top funder pursuant to subclause (II), and, instead, the highest contributors to the primarily formed committee or general purpose committee within the prior 90 days shall be listed as top funders pursuant to subclause (II) if their contributions to the primarily formed committee or general purpose committee, combined with all other contributions and expenditures to qualify the referendum, qualify the person or persons as top funders.
(ii)CA Government Code § 88002(a)(1)(B)(ii) The name of a top funder may be shortened at the discretion of the Secretary of State by using acronyms, abbreviations, or by leaving out words in the entity’s name, as long as doing so would not confuse or mislead voters about the identity of a top funder.
(iii)CA Government Code § 88002(a)(1)(B)(iii) Each top funder shall be printed in a font size that is the same as a majority of the text on the page and separated by a semicolon.
(iv)CA Government Code § 88002(a)(1)(B)(iv) The Secretary of State shall determine the list of top funders no later than the date a referendum qualifies for the ballot.
(C)CA Government Code § 88002(a)(1)(C) 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.
(2)CA Government Code § 88002(a)(2) The space in the title and summary that is used for an explanatory table prepared pursuant to paragraph (2) of subdivision (e) of Section 9087 of the Elections Code and Section 88003 shall not be included when measuring the amount of space the information described in paragraph (1) has taken for purposes of determining compliance with the restriction prohibiting the information described in paragraph (1) from exceeding one-third of the page.
(b)CA Government Code § 88002(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)CA Government Code § 88002(c) Immediately below the analysis prepared by the Legislative Analyst shall appear a printed statement that refers voters to the Secretary of State’s internet website for a list of committees primarily formed to support or oppose a ballot measure, and information on how to access the committee’s top 10 contributors.
(d)CA Government Code § 88002(d) 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.
(e)CA Government Code § 88002(e) If no argument against the measure has been submitted, the argument for the measure shall appear on the right page facing the analysis.
(f)CA Government Code § 88002(f) 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.
(g)CA Government Code § 88002(g) 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.”
ballot pamphlet state measures official summary
Section § 88002.5
California requires the ballot pamphlet to include a section at the front that summarizes what 'yes' and 'no' votes would mean for each state measure.
The Legislative Analyst prepares these summary statements, which are brief and not meant to cover every detail. Only the Legislative Analyst decides what's in these summaries, and they can be checked and revised by the public as outlined in another section.
(a)CA Government Code § 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)CA Government Code § 88002.5(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.
ballot pamphlet summary of votes Legislative Analyst
Section § 88003
This law requires the Legislative Analyst to create an unbiased explanation of a proposed measure for the ballot. This explanation includes a fiscal analysis showing any financial impact on state or local government. It must be clear and easy for voters to understand, avoiding technical jargon. The Legislative Analyst can work with professionals to help write this analysis and must get feedback from a review committee to ensure clarity. The analysis's summary must mention any financial effects. For state bond measures, the summary should also have a detailed fiscal impact table.
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 the Legislative Analyst’s 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 the Legislative Analyst shall incorporate in the analysis those changes recommended by the committee that the Legislative Analyst deems to be appropriate. The Legislative Analyst is solely responsible for determining the content of the analysis required by this section. The title and summary of any 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. For state bond measures that are submitted to the voters for their approval or rejection, the summary of the Legislative Analyst’s estimate of the net state and local government fiscal impact shall include an explanatory
table of the information in the summary.
Legislative Analyst ballot measure fiscal analysis
Section § 88004
This law section ensures that measures included in the ballot pamphlet are printed in the same order and format as they appear on the actual ballot.
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.
ballot measures ballot pamphlet measure order
Section § 88005
This law section sets standards for how the ballot pamphlet should be printed. The text must be in clear, readable type, no smaller than 10-point font, though texts of measures can be in 8-point font. The pamphlet's size, paper quality, and weight are determined by the Secretary of State to best serve voters. Additionally, the pamphlet must include a certificate of correctness from the Secretary of State.
The ballot pamphlet shall be printed according to the following specifications:
(a)CA Government Code § 88005(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)CA Government Code § 88005(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)CA Government Code § 88005(c) The pamphlet shall contain a certificate of correctness by the Secretary of State.
ballot pamphlet printing font size readable type
Section § 88005.5
This law requires the Legislative Counsel to write and check the accuracy of the text for every new measure and any parts of the law that are being changed or removed.
The Legislative Counsel shall prepare and proofread the texts of all measures and the provisions which are repealed or revised.
Legislative Counsel prepare proofread
Section § 88006
This law requires the Secretary of State to make the ballot pamphlet copy available for public review at least 20 days before sending it to the State Printer. During this period, any voter can request a court order to change or remove misleading sections from the pamphlet. However, such changes can only be done if it's proven the content is false or misleading, and won't delay pamphlet distribution. Cases related to this issue must be filed in Sacramento County, with the Secretary of State named as a respondent and the State Printer and original author involved as interested parties. If the Secretary of State initiates the case, the State Printer is the respondent.
Not less than 20 days before submitting 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.
ballot pamphlet review public examination writ of mandate
Section § 88007
This law says that the Legislature has the freedom to change this chapter so they can include additional information about candidates or any other relevant content in the ballot pamphlet, regardless of any restrictions that might be in Section 81012.
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.
ballot pamphlet candidate information legislative amendment
