California Attorney General
From Ballotpedia
The California Attorney General is the State Attorney General of the government of the state of California in the USA. The officer's duty is to ensure that "the laws of the state are uniformly and adequately enforced" (California Constitution, Article V, Section 13.) The Attorney General carries out the responsibilities of the office through the California Department of Justice.
The Attorney General is elected to a four-year term, with a maximum of two terms. The election is held at the same statewide election as the Governor, Lieutenant Governor, Controller, Secretary of State, Treasurer, Superintendent of Public Instruction, and Insurance Commissioner.
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Duties
According to the state Constitution and the California Government Code, the Attorney General:
- As the state’s chief law officer, ensures that the laws of the state are uniformly and adequately enforced.[1]
- Heads the Department of Justice, which is responsible for providing state legal services and support for local law enforcement.[2]
- Acts as the chief counsel in state litigation.
- Oversees law enforcement agencies, including District Attorneys and Sheriffs.[3]
Ballot Text and Legality
Before a ballot can be circulated, the lanaguage must first be approved by the Attorney General.
Submitting the inititiave language
This is done by submitting a written request that a title, summary of chief purpose and points of the proposed initiative measure be prepared (Section 9002). Submitting this draft will cost proponents $200, which will be placed into a trust fund and returned in full only if the measure qualifies within 2 years after the summary has been issued. Otherwise the $200 is put into a General Fund of the State.
At this time, proponents must also submit the following statement to the Attorney Genral:
"I,__________ , acknowledge that it is a misdemeanor under state law (Section 18650 of the Elections Code) to knowingly or willfully allow the signatures on an initiative petition to be used for any purpose other than qualification of the proposed measure for the ballot. I certify that I will not knowingly or willfully allow the signatures for this initiative to be used for any purpose other than qualification of the measure for the ballot. This statement shall be kept on file at the Attorney General's Office for not less than eight months after the certification of the results of the election for which the petition qualified or, if the measure did not qualify, eight months after the deadline for submission of the petition to elections officials."
Preparing the text
When the fee is paid and the request is filed, the Attorney General prepares an official ballot title and summary for the initiative measure. A copy of the title and summary is provided to the Secretary of State within 15 days after receipt of the final version of a proposed initiative measure. If during the 15-day period the proponent(s) of the proposed initiative measure submits changes, other than technical, non-substantive amendments, to the initiative, the Attorney General shall provide a copy of the title and summary to the Secretary of State within 15 days after the changes are submitted. (Section 9004). If a fiscal analysis is required, additional time is allotted.
Fiscal Estimate
If it is determined that a fiscal analysis is needed, the Department of Finance and the Joint Legislative Budget Committee are required to prepare an analysis within 25 working days from the date they receive the proposed initiative measure. The fiscal analysis includes either the estimate of the amount of any increase or decrease in revenues or costs to state or local governments, or any opinion as to whether or not a substantial net change in state or local finances would result, if the proposed initiative measure is adopted. If, in the opinion of the Department of Finance and the Joint Legislative Budget Committee, a reasonable estimate of the net impact of the proposed initiative measure cannot be prepared within the 25-working day period, the Department of Finance and the Joint Legislative Budget Committee shall, within the 25-working day period, give the Attorney General their opinion as to whether or not a substantial net change in state or local finances would result if the proposed initiative measure is adopted (Section 9005). The Attorney General is allowed 15 days after receipt of this fiscal analysis to complete the title and summary (Section 9004).
When the official title and summary is complete, the Attorney General sends it to the proponent(s), the Senate and the Assembly, and the Secretary of State.The Legislature may conduct public hearings on the proposed initiative measure but cannot amend it. (Sections 336, 9007)
Official Summary Date
The official summary date is the date the title and summary is sent to the proponent(s) by the Attorney General and the date the Secretary of State uses to calculate calendar deadlines provided to the proponent(s) and elections officials. No petition may be circulated prior to the official summary date. (Section 336)
Portions of this article were adapted from Wikipedia.
Contact information
Office of the Attorney General
ATTN: Initiative Coordinator
1300 I Street
Sacramento, CA 95814
Phone:916-445-1968
See also
Jerry Brown, California Attorney General
California Initiative and Referendum Law
External links
- Official page of the Office of the Attorney General of California
- Current Candidates for CA Attorney General
References
Wikipedia, California Attorney General
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