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

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 these statements and they are to be made available for public examination and amendment.

            What type of analysis is done for a ballot measure? Elections Code Section 9087 requires the Legislative Analyst to prepare an impartial analysis of the proposed initiative measure describing the measure.

 

            Does the law require a certain approach by the Legislative Analyst? Yes, Election Code Section 9087 provides that, to the extent practicable, the Legislative Analyst must use a uniform method in each analysis to describe the estimated increase or decrease in revenue or cost of a measure, so that the average voter may draw comparisons among the fiscal impacts of measures.

 

            Does the Legislative Analyst have to get assistance in preparing the analysis? The Legislative Analyst may contract with a professional writer, educational specialist, or another person for assistance in writing an analysis that fulfills the requirements of the law. The Legislative Analyst may also request the assistance of a state department, agency, or official in preparing his or her analysis.

 

How must the analysis be written? The requirement is that the analysis be written so that it will be easily understood by the average voter.

 

Does anyone review the Legislative Analyst’s fiscal estimated? Yes, Elections Code Section 9087 requires, before submitting the analysis to the Secretary of State, the Legislative Analyst to submit the analysis to a committee of five persons, appointed by the Legislative Analyst, for the purpose of reviewing the analysis to confirm its clarity and easy comprehension to the average voter.

 

What must the Legislative Analyst do with the committee’s work? The Legislative Analyst must consider the committee’s recommendations, and the Legislative Analyst must incorporate in the analysis those changes recommended by the committee that are deemed to be appropriate.

 

What happens when a bond measure is on the ballot? Elections Code Section 9088 specifies that, at each statewide election at which state bond measures will be submitted to the voters for their approval or rejection, the state voter information guide for that election must include a discussion that is prepared by the Legislative Analyst concerning the state’s current bonded indebtedness situation.

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