SB 458: Initiative and referendum measures: title and summary.
The bill aims to amend and repeal certain sections of the Elections Code and the Government Code. It would require the legislative analyst to prepare a circulating title and summary of proposed initiative and referendum measures, rather than the attorney general. This change would be contingent upon voter approval of a specific session. The bill also makes changes to other sections of the Elections Code and Government Code, but the exact details are not specified in the provided text.
| Feb. 02, 2026 | Returned to Secretary of Senate pursuant to Joint Rule 56. |
| May. 23, 2025 | May 23 hearing: Held in committee and under submission. |
| May. 16, 2025 | Set for hearing May 23. |
| Apr. 21, 2025 | April 21 hearing: Placed on APPR. suspense file. |
| Apr. 10, 2025 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR. |
| Amended IN Senate April 10, 2025 |
| Amended IN Senate April 02, 2025 |
| Introduced by Senators Niello and Umberg |
February 19, 2025 |
LEGISLATIVE COUNSEL'S DIGEST
The people of the State of California do enact as follows:
SECTION 1.
Section 107 of the Elections Code is amended to read:107.
(a) (1) A committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition shall create an Official Top Funders sheet as follows, with all text in a black roman type with a type size of 14 point on a plain, contrasting background, and centered horizontally, except as described below. None of the text shall have its type condensed or have the spacing between characters reduced to be narrower than a normal roman type. Unless otherwise specified, the text shall not be boldface.SEC. 2.
Section 107 is added to the Elections Code, to read:107.
(a) (1) A committee formed pursuant to Section 82013 of the Government Code that pays for the circulation of a state or local initiative, referendum, or recall petition shall create an Official Top Funders sheet as follows, with all text in a black roman type with a type size of 14 point on a plain, contrasting background, and centered horizontally, except as described below. None of the text shall have its type condensed or have the spacing between characters reduced to be narrower than a normal roman type. Unless otherwise specified, the text shall not be boldface.SEC. 3.
Section 336 of the Elections Code is amended to read:336.
(a) The “official summary date” is the date a circulating title and summary of a proposed initiative measure is delivered or mailed by the Attorney General to the proponents of the proposed measure.SEC. 4.
Section 336 is added to the Elections Code, to read:336.
(a) The “official summary date” is the date a circulating title and summary of a proposed initiative measure is delivered or mailed by the Legislative Analyst to the proponents of the proposed measure.SEC. 5.
Section 342 of the Elections Code is amended to read:342.
(a) “Proponent or proponents of an initiative or referendum measure” means, for statewide initiative and referendum measures, the elector or electors who submit the text of a proposed initiative or referendum to the Attorney General with a request that the Attorney General prepare a circulating title and summary of the chief purpose and points of the proposed measure; or for other initiative and referendum measures, the person or persons who publish a notice or intention to circulate petitions, or, if publication is not required, the person or persons who file petitions with the elections official or legislative body.SEC. 6.
Section 342 is added to the Elections Code, to read:342.
(a) “Proponent or proponents of an initiative or referendum measure” means, for statewide initiative and referendum measures, the elector or electors who submit the text of a proposed initiative or referendum to the Legislative Analyst with a request that the Legislative Analyst prepare a circulating title and summary of the chief purpose and points of the proposed measure; or for other initiative and referendum measures, the person or persons who publish a notice or intention to circulate petitions, or, if publication is not required, the person or persons who file petitions with the elections official or legislative body.SEC. 7.
Section 9001 of the Elections Code is amended to read:9001.
(a) Before the circulation of an initiative or referendum petition for signatures, the text of the proposed measure shall be submitted to the Attorney General with a written request that a circulating title and summary of the chief purpose and points of the proposed measure be prepared. The electors presenting the request shall be known as the “proponents.” The Attorney General shall preserve the written request until after the next general election.SEC. 8.
Section 9001 is added to the Elections Code, to read:9001.
(a) Before the circulation of an initiative or referendum petition for signatures, the text of the proposed measure shall be submitted to the Legislative Analyst with a written request that a circulating title and summary of the chief purpose and points of the proposed measure be prepared. The electors presenting the request shall be known as the “proponents.” The Legislative Analyst shall preserve the written request until after the next general election.SEC. 9.
Section 9002 of the Elections Code is amended to read:9002.
(a) Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the Attorney General shall initiate a public review process for a period of 30 days by doing all of the following:SEC. 10.
Section 9002 is added to the Elections Code, to read:9002.
(a) Upon receipt of a request from the proponents of a proposed initiative measure for a circulating title and summary, the Legislative Analyst shall initiate a public review process for a period of 30 days by doing all of the following:SEC. 11.
Section 9003 of the Elections Code is amended to read:9003.
(a) In the event that the Attorney General is a proponent of a proposed measure, the circulating title and summary of the chief purpose and points of the proposed measure, including an estimate or opinion on the financial impact of the measure, shall be prepared by the Legislative Counsel, and the other duties of the Attorney General specified in this chapter with respect to the circulating title and ballot title and summary and an estimate of the financial effect of the measure shall be performed by the Legislative Counsel.SEC. 12.
Section 9004 of the Elections Code is amended to read:9004.
(a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the Attorney General shall prepare a circulating title and summary of the chief purposes and points of the proposed measure. The circulating title and summary shall not exceed 100 words. The Attorney General shall also provide a unique numeric identifier for each proposed initiative measure. The circulating title and summary shall be prepared in the manner provided for the preparation of ballot titles and summaries in Article 5 (commencing with Section 9050), the provisions of which, in regard to the preparation, filing, and settlement of ballot titles and summaries, are applicable to the circulating title and summary.SEC. 13.
Section 9004 is added to the Elections Code, to read:9004.
(a) Upon receipt of the text of a proposed initiative measure, and after the public review period provided for in Section 9002, the Legislative Analyst shall prepare a circulating title and summary of the chief purposes and points of the proposed measure. The circulating title and summary shall not exceed 100 words. The Legislative Analyst shall also provide a unique numeric identifier for each proposed initiative measure. The circulating title and summary shall be prepared in the manner provided for the preparation of ballot titles and summaries in Article 5 (commencing with Section 9050), the provisions of which, in regard to the preparation, filing, and settlement of ballot titles and summaries, are applicable to the circulating title and summary.SEC. 14.
Section 9005 of the Elections Code is amended to read:9005.
(a) The Attorney General, in preparing a circulating title and summary for a proposed initiative measure, shall, in boldface text, include in the circulating title and summary either the estimate of the amount of any increase or decrease in revenues or costs to the state or local government, or an opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative is adopted.SEC. 15.
Section 9005 is added to the Elections Code, to read:9005.
(a) The Legislative Analyst, in preparing a circulating title and summary for a proposed initiative measure, shall, in boldface text, include in the circulating title and summary either the estimate of the amount of any increase or decrease in revenues or costs to the state or local government, or an opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative is adopted.SEC. 16.
Section 9006 of the Elections Code is amended to read:9006.
(a) Upon receipt of the text of a proposed referendum, the Attorney General shall prepare a circulating title and summary of the chief purpose and points of the proposed statute at issue. The circulating title and summary shall not exceed a total of 100 words. No fiscal analysis shall be included.SEC. 17.
Section 9006 is added to the Elections Code, to read:9006.
(a) Upon receipt of the text of a proposed referendum, the Legislative Analyst shall prepare a circulating title and summary of the chief purpose and points of the proposed statute at issue. The circulating title and summary shall not exceed a total of 100 words. No fiscal analysis shall be included.SEC. 18.
Section 9007 of the Elections Code is amended to read:9007.
(a) Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Attorney General shall transmit copies of the text of the measure and the circulating title and summary to the Senate and the Assembly. The appropriate committees of each house may hold public hearings on the subject of the measure. However, this section shall not be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.SEC. 19.
Section 9007 is added to the Elections Code, to read:9007.
(a) Immediately upon the preparation of the circulating title and summary of a proposed initiative or referendum measure, the Legislative Analyst shall transmit copies of the text of the measure and the circulating title and summary to the Senate and the Assembly. The appropriate committees of each house may hold public hearings on the subject of the measure. However, this section shall not be construed as authority for the Legislature to alter the measure or prevent it from appearing on the ballot.SEC. 20.
Section 9008 of the Elections Code is amended to read:9008.
Every proposed initiative measure, prior to circulation, shall have placed across the top of the petition in 11-point or larger roman type, all of the following:SEC. 21.
Section 9008 is added to the Elections Code, to read:9008.
Every proposed initiative measure, prior to circulation, shall have placed across the top of the petition in 11-point or larger roman type, all of the following:SEC. 22.
Section 9009 of the Elections Code is amended to read:9009.
(a) The heading of an initiative petition shall be in substantially the following form:SEC. 23.
Section 9009 is added to the Elections Code, to read:9009.
(a) The heading of an initiative petition shall be in substantially the following form:SEC. 24.
Section 9034 of the Elections Code is amended to read:9034.
(a) The proponents of a proposed initiative measure shall submit a certification, signed under penalty of perjury, to the Secretary of State immediately upon the collection of 25 percent of the number of signatures needed to qualify the initiative measure for the ballot.SEC. 25.
Section 9034 is added to the Elections Code, to read:9034.
(a) The proponents of a proposed initiative measure shall submit a certification, signed under penalty of perjury, to the Secretary of State immediately upon the collection of 25 percent of the number of signatures needed to qualify the initiative measure for the ballot.SEC. 26.
Section 9035 of the Elections Code is amended to read:9035.
(a) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the California Constitution and is certified to have been signed by registered voters equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the California Constitution, of the voters for all candidates for Governor at the last gubernatorial election preceding the issuance of the circulating title and summary for the initiative measure by the Attorney General.SEC. 27.
Section 9035 is added to the Elections Code, to read:9035.
(a) An initiative measure may be proposed by presenting to the Secretary of State a petition that sets forth the text of the proposed statute or amendment to the California Constitution and is certified to have been signed by registered voters equal in number to 5 percent in the case of a statute, and 8 percent in the case of an amendment to the California Constitution, of the voters for all candidates for Governor at the last gubernatorial election preceding the issuance of the circulating title and summary for the initiative measure by the Legislative Analyst.SEC. 28.
Section 9050 of the Elections Code is amended to read: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.SEC. 29.
Section 9050 is added to the Elections Code, to read: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 Legislative Analyst. The Legislative Analyst 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.SEC. 30.
Section 9051 of the Elections Code is amended to read: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.SEC. 31.
Section 9051 is added to the Elections Code, to read: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.SEC. 32.
Section 9063 of the Elections Code is amended to read:9063.
(a) The summary of a measure given in the press release shall be the official circulating title and summary that has been prepared by the Attorney General. The Legislative Counsel Bureau shall prepare the summary on all other measures.SEC. 33.
Section 9063 is added to the Elections Code, to read:9063.
(a) The summary of a measure given in the press release shall be the official circulating title and summary that has been prepared by the Legislative Analyst. The Legislative Counsel Bureau shall prepare the summary on all other measures.SEC. 34.
Section 9086 of the Elections Code is amended to read:9086.
The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:SEC. 35.
Section 9086 is added to the Elections Code, to read:9086.
The state voter information guide shall contain as to each state measure to be voted upon, the following, in the order set forth in this section:SEC. 36.
Section 9087 of the Elections Code is amended to read:9087.
(a) 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. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface text in the state voter information guide.SEC. 37.
Section 9087 is added to the Elections Code, to read:9087.
(a) 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. If it is estimated that a measure would result in increased cost to the state, an analysis of the measure’s estimated impact on the state shall be provided, including an estimate of the percentage of the General Fund that would be expended due to the measure, using visual aids when appropriate. An estimate of increased cost to the state or local governments shall be set out in boldface text in the state voter information guide.SEC. 38.
Section 13282 of the Elections Code is amended to read:13282.
(a) Whenever the Attorney General prepares a condensed ballot title and summary, the Attorney General shall file a copy of the condensed ballot title and summary with the Secretary of State. The Secretary of State shall make a copy of the condensed ballot title and summary as required by subdivision (c) of Section 9051 available for public examination prior to the printing of the ballot label on any ballot. The public shall be permitted to examine the condensed ballot title and summary for at least 20 days, and the Secretary of State may consolidate the examination requirement under this section with the public examination requirements set forth in Section 9092. A voter may seek a writ of mandate requiring a condensed ballot title and summary, or portion thereof, to be amended or deleted. The provisions set forth in Section 9092 concerning the issuance of the writ and the nature of the proceedings shall be applicable to this section.SEC. 39.
Section 13282 is added to the Elections Code, to read:13282.
(a) Whenever the Legislative Analyst prepares a condensed ballot title and summary, the Legislative Analyst shall file a copy of the condensed ballot title and summary with the Secretary of State. The Secretary of State shall make a copy of the condensed ballot title and summary as required by subdivision (c) of Section 9051 available for public examination prior to the printing of the ballot label on any ballot. The public shall be permitted to examine the condensed ballot title and summary for at least 20 days, and the Secretary of State may consolidate the examination requirement under this section with the public examination requirements set forth in Section 9092. A voter may seek a writ of mandate requiring a condensed ballot title and summary, or portion thereof, to be amended or deleted. The provisions set forth in Section 9092 concerning the issuance of the writ and the nature of the proceedings shall be applicable to this section.SEC. 40.
Section 18602 of the Elections Code is amended to read:18602.
(a) Any person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Attorney General from the view of a prospective signer is guilty of a misdemeanor.SEC. 41.
Section 18602 is added to the Elections Code, to read:18602.
(a) Any person working for the proponent or proponents of a statewide initiative or referendum measure who covers or otherwise obscures the summary of the measure prepared by the Legislative Analyst from the view of a prospective signer is guilty of a misdemeanor.SEC. 42.
Section 88002 of the Government Code is amended to read: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:SEC. 43.
Section 88002 is added to the Government Code, to read:88002.
(a) The ballot pamphlet shall contain as to each state measure to be voted upon, the following in the order set forth in this section: