Finding 1:

The Civil Grand Jury finds that in the current environment, which is unregulated at the local level, it is easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters. CITY RESPONSE TO FINDING 1: Partially Agree Elections Code section 13119 provides the form of question for a local ballot measure: “Shall the measure (stating the nature thereof) be adopted?” The code further provides that the “statement of the measure shall be a true and impartial synopsis of the purpose of the proposed measure, and shall be in language that is neither argumentative nor likely to create prejudice for or against the measure.” Where a measure is placed on the ballot by a city council, the council has some discretion in preparing the synopsis of the measure and the statement of purpose. But the ballot language must be true and impartial, and must use neutral language that is unlikely to create prejudice for or against the measure.a In Morgan a Where the author of a ballot measure in a city election places the measure on the ballot through a citizens’ initiative, the city attorney is required to prepare a ballot title that includes the purpose of the measure prior to circulation of the Hill, while the ballot question is ultimately the responsibility of the City Council, under Municipal Code section 2.09.020(F) the City Attorney is responsible for drafting the resolution placing the measure on the ballot, and for advising the City Council on the law regarding ballot language.