File #: 23-1293    Version: 1 Name:
Type: Resolution Status: Passed
File created: 9/13/2023 In control: Clerk/Recorder
On agenda: 10/3/2023 Final action: 10/3/2023
Title: Resolution Authorizing the County Clerk, Recorder and Registrar of Voters to Not List Supporters and Opponents of Local Measures on County Ballots for All Future Elections
Code sections: 9170 - Elections Code
Attachments: 1. Staff Report, 2. Attachment 1 - Resolution.pdf, 3. Resolution No. 23-137.pdf

To: Board of Supervisors

From: Clerk/Recorder

Agenda Section: Departmental

Vote Requirement: Majority

SUBJECT:
title
Resolution Authorizing the County Clerk, Recorder and Registrar of Voters to Not List Supporters and Opponents of Local Measures on County Ballots for All Future Elections
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt Resolution No. _____ (Attachment 1);

Body
SOURCE OF FUNDING:
General Fund, Budget Unit 1100 140

DISCUSSION:
Assembly Bill (AB) 1416 was passed by the State Legislature in 2022 with an effective date of Jan. 1, 2023. AB 1416 adds a requirement that the supporters and opponents of statewide measures be listed on the ballot label or that a similar description be provided on the ballot. The bill gives counties the option of printing the list of supporters and opponents of local measures on the ballot. The list could include associations, nonprofit organizations, businesses, and individuals taken from the signers or the text of the arguments in favor or against the measure printed in the voter information guide. The list of supporters and opponents are each limited to a maximum of 125 characters.

Opting into the additional printing will result in cost increases for ballot production and printing, will result in additional ballot space for each local measure printed on the ballot, and will increase the possibility for electioneering and promotion of candidates who may be on the ballot and are also signers of the measure. The requirement would also put the Elections Office in the position of accepting or denying abbreviations of supporters/opponents that may not be clear due to the maximum character limit, and in turn may result in challenges to perceived unfair determinations.

Elections Code section 9170 does allow a mechanism to opt out of printing supporters and opponents of local measures as set forth in subsection (d). The subsection states as follows:

At least 30 days before t...

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