BILL ANALYSIS
AB 1207
Page 1
ASSEMBLY THIRD READING
AB 1207 (Yee)
As Amended January 4, 2006
Majority vote
ELECTIONS 5-2 APPROPRIATIONS 13-4
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|Ayes:|Umberg, Karnette, Klehs, |Ayes:|Chu, Bass, Berg, |
| |Leno, Levine | |Calderon, De La Torre, |
| | | |Karnette, Klehs, Leno, |
| | | |Nation, Oropeza, |
| | | |Ridley-Thomas, Saldana, |
| | | |Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Wyland, Villines |Nays:|Runner, Emmerson, Haynes, |
| | | |Nakanishi |
| | | | |
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SUMMARY : Adds a provision to the Code of Fair Campaign
Practices (Code), to which candidates may voluntarily subscribe,
that a candidate will not use or permit any appeal to negative
prejudice based on sexual orientation or gender identity.
EXISTING LAW establishes the Code for the purposes of giving
voters guidelines in determining fair play and to encourage
candidates to discuss issues instead of untruths or distortions.
The Code asks candidates to voluntarily pledge to do the
following:
1)To conduct campaigns openly and publicly.
2)To refrain from using or permitting the use of character
defamation of any candidate.
3)To refrain from using or permitting any appeal to negative
prejudice based on race, sex, religion, national origin,
physical health status, or age.
4)To refrain from using or permitting any dishonest or unethical
practice which tends to corrupt or undermine the American
system of free elections.
AB 1207
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5)To refrain from coercing election help or campaign
contributions from employees.
6)To immediately and publicly repudiate support deriving from
any individual or group which resorts to methods and tactics
condemned by the candidate.
7)To defend and uphold the right of every qualified American
voter to full and equal participation in the electoral
process.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, minor absorbable costs for the Secretary of
State to revise and provide to local elections officials copies
of the revised Code.
COMMENTS : According to the author, "In the politically divisive
debate over the rights of LGBT people, there are many instances
of candidates and campaigns using a negative appeal for support
using anti-gay rhetoric. These negative appeals are potentially
dangerous to LGBT people, and in some campaigns these have led
to an atmosphere of fear, intimidation, and instances of
violence. Anti-gay rhetoric, which often comes in the form of
political hate messages, is directly connected to violence
against gay and lesbian individuals. Incidents of violence
against gays and lesbians peaked in 1992, during the
presidential campaign, in which lesbian and gay issues played an
unprecedented role at both the national and local levels.
Anti-gay messages became part of the 1996 campaigns which may
lead to more violence. These issues continue to this day.
Appeals to prejudice of any kind should not be part of the
political process."
In subscribing to the Code, candidates voluntarily agree to
limit their speech. For instance, by subscribing to the Code,
candidates pledge not to use character defamation against other
candidates and not to appeal to negative prejudice based on
race, sex, religion, national origin, physical health status, or
age. This bill would add to the Code that candidates who
subscribe pledge not to appeal to negative prejudice based on
sexual orientation or gender identity.
AB 866 (Yee) of 2005 was identical to AB 1207 except that AB
1207 contains grammatical changes that were not contained in AB
AB 1207
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866. AB 866 was vetoed by Governor Schwarzenegger, who stated
in his veto message that the Code is unenforceable by any means
other than the exercise of the vote at the ballot box, and
expressed his confidence that voters will "reject candidates
that use appeals to negative prejudices against any group of
people."
Analysis Prepared by : Ethan Jones / E. & R. / (916) 319-2094
FN: 0013639