Frequently Asked Questions about the Role of the AG in the Initiative Process

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 of $2,000 that is placed in a trust fund in the office of the Treasurer. The fee is refunded to the proponents if the measure qualifies for the ballot within two years from the date the summary is furnished to the proponents. However, if the measure does not qualify within that period, the fee is immediately paid into the state’s General Fund.

 

Is there any review of the Attorney General’s title and summary? Yes, Elections Code Section 9002 requires the Attorney General to initiate a public review process for a period of 30 days by posting the text on its website and inviting and providing for written public comments.

 

What happens after the public review? Elections Code Section 9004 specifies that, after the public review period, the AG must prepare a circulating title and summary of the chief purposes and points of the proposed measure.

 

Is there a word court for the title and summary? The circulating title and summary prepared by the AG cannot exceed 100 words.

 

Is there a number assigned? Yes, the Attorney General is responsible for providing a unique numeric identifier for each proposed initiative measure.

 

What does the AG do with the prepared documents? Elections Code Section 9004 states that the AG is to provide a copy of the title and summary and identifier to the proponents and the Secretary of State after receiving the fiscal estimate.

 

Are others provided the title and summary? Yes, Elections Code Section 9007 requires the AG to provide the title and summary to the Assembly and Senate.

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