Frequently Asked Questions about Ballot Arguments

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 requires the press release to consist of an announcement containing (1) a summary of the essential nature or purpose of the measure for or against which no argument has been prepared or filed; (2) a statement that the affirmative or negative arguments, or both, have not been filed; or (3) an invitation to any voter or group of voters to submit and file with the Secretary of State, within the time limit, arguments for or against the measure as to which affirmative or negative arguments have not been filed.

            Who writes the measure’s summary in the press release? Elections Code Section 9063 requires the summary of a measure given in the press release to be the official circulating title and summary that has been prepared by the Attorney General.

            How long can voter arguments be? This argument cannot exceed 500 words in length.

            What must accompany the ballot argument provided by a voter? Elections Code Section 9065 require a ballot argument to contain the following: (1) the name, business or home address, and telephone number of each person submitting the argument; (2) if the argument is submitted on behalf of an organization, the name, business address, and telephone number of the organization and of at least two of its principal officers; (3) the name, business or home address, and telephone number of a contact person for each individual or organization submitting the argument; (4) if the argument is signed by anyone other than the proponent or legislative author, the name and official title of the person or persons authorized by the proponent to sign the argument; (5) the signed statement required.

            What happens if more than one argument for or against a ballot measure is filed with the Secretary of State? Elections Code Section 9067 requires the Secretary of State to select one of the arguments for printing in the state voter information guide.

Is there any guidance for the Secretary of State to follow in selecting a ballot argument? Yes, the Secretary of State must give preference and priority in this order: (1) in the case of a measure submitted by the Legislature, Members of the Legislature; (2) in the case of an initiative or referendum measure, the proponent of the measure; (3) bona fide associations of citizens; and, (4) individual voters.

            How many signatories are allowed for a ballot measure argument? Elections Code Section 9068 prohibits more than three signatures from appearing with an argument printed in the state voter information guide.

What does the Secretary of State do with the submitted ballot arguments? The Secretary of State, within five days of receipt of the arguments, must send copies of the arguments in favor of the proposition to the authors of the arguments against and copies of the arguments against to the authors of the arguments in favor.

What happens with the arguments submitted to the opposing side? The authors may prepare and submit rebuttal arguments not exceeding 250 words, or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument.

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