BILL ANALYSIS
SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND
CONSTITUTIONAL AMENDMENTS
Senator Debra Bowen, Chair
BILL NO: AB 1207 HEARING DATE:6/21/06
AUTHOR: YEE ANALYSIS BY: Fran Tibon
Estoista
AMENDED: 5/23/06
FISCAL: YES
DESCRIPTION
Existing law establishes the Code of Fair Campaign
Practices (Code) for the purpose of encouraging candidates
to discuss issues instead of untruths or distortions. The
Code asks candidates to voluntarily pledge to:
Conduct campaigns openly and publicly;
Refrain from using or permitting the use of
character defamation of any candidate;
Refrain from using or permitting any appeal to
negative prejudice based on race, sex, religion,
national origin, physical health status, or age;
Refrain from using on permitting any dishonest or
unethical practice which tends to corrupt or undermine
the American system of free elections;
Refrain from coercing election help or campaign
contributions from employees;
Immediately and publicly repudiate support deriving
from any individual or group which resorts to methods
and tactics condemned by the candidate; and
Defend and uphold the right of every qualified
American voter to full and equal participation in the
electoral process.
Existing law requires the elections official to give a
candidate a blank form of the Code at the time they receive
their declaration of candidacy or nomination papers.
Existing law requires the elections official to accept, at
all times prior to the election, all completed forms of the
Code and to retain those forms for public inspection until
30 days after the election.
Existing law provides that a candidate for public office
can't be required to subscribe to or endorse the Code.
This bill adds a provision to the Code, to which candidates
may voluntarily subscribe, that a candidate will not use or
permit any appeal to negative prejudice based on a
candidate's actual or perceived race, religious creed,
color, national origin, ancestry, physical disability,
mental disability, medical condition, marital status, sex,
age, sexual orientation, or any other characteristic, or
association with another person who has any of the actual
or perceived characteristics set forth in Section 12940 of
the Government Code.
BACKGROUND
When the Code of Fair Campaign Practices was signed into
law in 1982, it was intended to give voters guidelines to
determine fair play and to encourage candidates to discuss
issues and to follow the basic principles of decency,
honesty.
COMMENTS
1.Updating The Code . The Code, which is voluntary for
candidates, urges them to refrain from appealing to
negative prejudice based on race, sex, religion, national
origin, physical health status, or age during their
campaign. This measure simply encourages candidates to
also refrain from campaigning in a manner that appeals to
a negative prejudice based on a candidate's actual or
perceived race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical
condition, marital status, sex, age, sexual orientation,
or any other characteristic, or their association with
another person who has any of the stated characteristics,
whether actual or perceived.
2.Free Speech . Some believe this measure and the Code
AB 1207 (YEE) Page
2
itself is a violation of a candidates First Amendment
right to free speech and as such is unconstitutional.
However, the law doesn't require or coerce any candidate
to adopt or adhere to the Code. Rather, candidates
subscribing to the Code do so voluntarily and agree to
limit their speech and pledge not to use character
defamation or appeal to negative prejudice against other
candidates. In this sense, it's akin to voluntary
spending limits that candidates may choose - but are not
required - to adopt as part of their campaigns for
office.
3.Prior & Related Legislation . AB 866 (Yee) of 2005 was
similar to this bill, though it didn't contain a list of
protected classes (as set forth in the Fair Employment
and Housing Act) that's found in this measure. AB 866
was vetoed by Governor Schwarzenegger, who stated in his
veto message:
"I trust the people to be the best judge of conduct of
a campaign when they exercise their franchise to vote.
I am confident that they will l reject candidates
that use appeals to negative prejudices against any
group of people."
AB 2386 (Oropeza), which is scheduled to be heard by the
Committee today, requires the Code to be printed in the
state ballot pamphlet and requires the Secretary of State
to indicate on his or her web site which candidates have
subscribed to the Code.
PRIOR ACTION
Assembly Elections and Redistricting Committee 5-2
Assembly Appropriations Committee 13-4
Assembly Floor 43-29
POSITIONS
Sponsor: Equality California
Support: American Federation of State, County and
Municipal Employees
City of West Hollywood
AB 1207 (YEE) Page
3
Lambda Letters Project
Oppose: Concerned Women for America of California
Traditional Values Coalition
AB 1207 (YEE) Page
4