Chris Micheli

Frequently Asked Questions about Ballot Arguments  By Chris Micheli             Are ballot arguments provided in California law? Yes, California’s Elections Code provides rules for ballot arguments for measures submitted to the voters in state elections. Where are these provisions contained in California law? They are contained in Division 9, Chapter 1, Article 6, and Article 6 is titled “Arguments Concerning Measures Submitted to Voters.” What happens if arguments for or against a ballot measure are not submitted? Elections Code Section 9060 provides that the Secretary of State is required, by a general press release, to request voters to submit arguments.             When does the Secretary of State have to send this notice to voters? Elections Code Section 9061 requires the press release to be mailed at least 120 days prior to the date of the election at which a measure is to be voted upon. What must be contained in the press release? Elections Code Section 9062 requi

Frequently Asked Questions about Underground Regulations in California  By Chris Micheli             Is there a law in California regarding “underground regulations”? Yes, in Title 1 of the California Code of Regulations, there are a number of regulations under the purview of the Office of Administrative Law (OAL). Chapter 2 of Title 1 deals with “Underground Regulations.” There are four regulations on this topic.             What is an underground regulation? 1 CCR Section 250(a)(1) defines an underground regulation to mean “any guideline, criterion, bulletin, manual, instruction, order, standard of general application, or other rule, including a rule governing a state agency procedure, that is a regulation as defined in Section 11342.600 of the Government Code, but has not been adopted as a regulation and filed with the Secretary of State pursuant to the APA and is not subject to an express statutory exemption from adoption pursuant to the APA.” How does someone challenge a p

Frequently Asked Questions about Agency Rulemaking Notification  By Chris Micheli             Are executive branch state agencies required to notify state legislators about certain rulemaking projects? Yes. California’s Government Code contains the Administrative Procedure Act (APA) and imposes many duties and responsibilities on state agencies. Does a legislator have to be notified about a rulemaking related to their legislation? Yes, Government Code Section 11017.5 provides that, when a statute is enacted establishing a new program or requiring interpretation pursuant to the APA, the state agency responsible for the program or regulatory action is required, six months after the operative date or the effective date of the statute, whichever is later, to issue a clear and concise summary of actions taken to implement the statute to the author of the statute. Does the state agency have to make any other notifications? Yes, in addition to the bill’s author, the state agency must

Frequently Asked Questions about the Role of the LAO in the Initiative Process  By Chris Micheli             What must be included with a title and summary prepared by the Attorney General? Elections Code Section 9005 requires the AG to include in the title and summary for a proposed initiative measure either (1) the estimate of the amount of any increase or decrease in revenues or costs to the state or local government, (2) 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.             Who makes this fiscal estimate? The estimate is made jointly by the Department of Finance and the Legislative Analyst.             Who prepares the title and summary’s concise summary of the general meaning and effect of “yes” and “no” votes on each state measure? The summary statements required must be prepared by the Legislative Analyst. The Analyst is solely responsible for determining the contents of the

Frequently Asked Questions about Lobbyist Prohibitions  By Chris Micheli             Does California law prohibit lobbyists from engaging in certain activities? Yes, California’s Political Reform Act contains detailed laws related to lobbyists in Chapter 6, and Article 2 of Chapter 6 deals with Prohibitions and contains Government Code Sections 86201 – 86206. What is a “gift”? Gov’t Code Section 86201 defines a “gift” to mean a gift made directly or indirectly to any state candidate, elected state officer, or legislative official, or to an agency official of any agency required to be listed on the registration statement of the lobbying firm or the lobbyist employer of the lobbyist.             What is the limitation on lobbyists and giving gifts? Gov’t Code Section 86203 makes it unlawful for a lobbyist, or lobbying firm, to make gifts to one person aggregating more than $10 in a calendar month, or to act as an agent or intermediary in the making of any gift, or to arrange for

Frequently Asked Questions about Ballot Titles  By Chris Micheli             What are ballot titles used for? According to California’s Elections Code, ballot titles are used for measures submitted to the voters. Are there rules related to ballot titles in California law? Yes, these rules are found in Division 9, Chapter 1, Article 5. What happens when it is determined that a measure will appear on the statewide ballot? Elections Code Section 9050 requires that, after the Secretary of State determines that a measure will appear on the ballot at the next statewide election, the Secretary of State must promptly transmit a copy of the measure to the Attorney General.                What does the Attorney General do with the measure? The Attorney General is required to provide and return to the Secretary of State a ballot title and summary and ballot label for each measure submitted to the voters of the state by a date sufficient to meet the state voter information guide public

Frequently Asked Questions about the Role of the AG in the Initiative Process  By Chris Micheli             What is the Attorney General’s role under the state Constitution? Section 10(d) of Article 2 states: “ Before circulation of an initiative or referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.”             Where do proponents send their ballot measure language? Elections Code Section 9001 requires the text of the proposed measure to 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. Do the ballot measure’s proponents have to pay a fee? Yes, Elections Code Section 9001 provides that the proponents of a proposed initiative measure, at the time of submitting the text of the proposed measure to the Attorney General, must pay a fee to the Attorney General o

Frequently Asked Questions about the Single Subject Rule in California  By Chris Micheli             What is the purpose of the single subject rule for legislation? The general idea is to ensure that measures are not overly complex or that they may possibly confuse or “hide” provisions in a multi-faceted measure. Others have argued the single subject rule precludes combining popular and unpopular unrelated provisions in one omnibus measure.             Does California have a single subject rule? There is a single subject rule for legislation that is considered by the Legislature in Article IV, Section 9, of the state Constitution, which provides, in part: “ A statute shall embrace but one subject, which shall be expressed in its title. If a statute embraces a subject not expressed in its title, only the part not expressed is void.”             When did California law reflect the single subject rule? It was in 1948 that the California Constitution was amended to add the single

Frequently Asked Questions about Public Hearings Under the APA  By Chris Micheli             Does a state agency have to hold a public hearing? No, except a rulemaking body must conduct a public hearing on a proposed regulation if requested by a member of the public to do so. What must occur at a public hearing? Government Code Section 11346.8 requires, if a public hearing is held, both oral and written statements, arguments, or contentions to be permitted. However, the agency may impose reasonable time limitations on oral presentations.             When must a public hearing be requested if the state agency does not propose one? A public hearing must be held if, no later than 15 days prior to the close of the written comment period, an interested person or his or her duly authorized representative, submits in writing to the state agency a request to hold a public hearing. What does a state agency have to do with a public hearing request? If such a request is made by a membe

Frequently Asked Questions about Ballot Measures Proposed by the Legislature  By Chris Micheli             Can the California Legislature place measures on the ballot? Yes, legislators can place measures before the electorate at statewide elections. Where is this authority found? Division 9, Chapter 1, Article 4 of the California Elections Code deals with Measures Proposed by the Legislature. What does state law require? Elections Code Section 9040 requires every constitutional amendment, bond measure, or other legislative measure submitted to the People by the Legislature to appear on the ballot of the first statewide election occurring at least 131 days after the adoption of the proposal by the Legislature.             Is there any unique authority for the ballot measure’s legislative author? Yes, Section 9041 provides that, whenever the Legislature submits any measure to the voters of the state, the author of the legislative measure and no more than two persons appointed

Frequently Asked Questions about Behested Payments under the Political Reform Act  By Chris Micheli             What is a “behested payment”? California Government Code Section 82004.5 defines “behested payment” to mean a payment that is made at the behest of a committee, an elected officer, a member of the Public Utilities Commission, or an agent thereof, under specified circumstances. What are the three circumstances that give rise to a behested payment? They are (1) full and adequate consideration is received from the committee or elected officer; (2) the payment is made to a different candidate or to a committee not controlled by the behesting candidate; or (3) for an elected officer, it is clear from the surrounding circumstances that the payment was made for purposes unrelated to the officer’s seeking or holding of elective office (i.e., a portion of the payment is used for election-related activities). What types of payments are presumed to be behested payments? Governm

Looking at 2024 California Legislature’s Bill Introductions  By Chris Micheli With the February 16 deadline for bill introductions having passed, there were a total of 2,124 bills introduced by yesterday’s deadline for the 2024 Legislative Session, the second and final year of the 2023-24 Session. Of this total number of bills introduced, there were 1,505 Assembly Bills and 619 Senate Bills. In addition, of that total, there are 481 spot bills and 193 intent bills, for a total of 674 placeholder bills, which is about 32% of the total bill introductions that lack substantive language upon introduction. (This figure is more in line with historical data, versus last year’s 40% figure.) Last year, the first year of the 2-year Session, there was a total of 2,632 bills that were introduced in the 2023 Session by the February 17 deadline. As I have previously written, for more than two decades of tracking bill introductions and final actions, the second (even-numbered year) always has