BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1207|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1207
Author: Yee (D), et al
Amended: 5/23/06 in Senate
Vote: 21
SENATE ELECTIONS, REAP. & CONST. AMEND. COM. : 3-2, 6/21/06
AYES: Bowen, Murray, Romero
NOES: Battin, Poochigian
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 43-29, 1/26/06 - See last page for vote
SUBJECT : Code of Fair Campaign Practices
SOURCE : Equality California
DIGEST : This bill revises the pledge in the Code of Fair
Campaign Practices 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.
ANALYSIS : Existing law establishes the Code of Fair
CONTINUED
AB 1207
Page
2
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:
1.Conduct campaigns openly and publicly.
2.Refrain from using or permitting the use of character
defamation of any candidate.
3.Refrain from using or permitting any appeal to negative
prejudice based on race, sex, religion, national origin,
physical health status, or age.
4.Refrain from using on permitting any dishonest or
unethical practice which tends to corrupt or undermine
the American system of free elections.
5.Refrain from coercing election help or campaign
contributions from employees.
6.Immediately and publicly repudiate support deriving from
any individual or group which resorts to methods and
tactics condemned by the candidate.
7.Defend and uphold the right of every qualified American
voter to full and equal participation in the electoral
process.
Prior and 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."
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
AB 1207
Page
3
Local: No
SUPPORT : (Verified 6/29/06)
Equality California (source)
Office of the Attorney General
American Federation of State, County and Municipal
Employees
City of West Hollywood
Lambda Letters Project
Log Cabin Republicans
National Center for Lesbian Rights
San Jose City Councilmember Ken Yeager
OPPOSITION : (Verified 6/29/06)
Concerned Women for America of California
Traditional Values Coalition
ARGUMENTS IN SUPPORT : According to the author's office,
"in the politically divisive debate over the rights of
lesbian, gay, bisexual, and transgender (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."
ARGUMENTS IN OPPOSITION : In opposition to this bill,
Concerned Women for America writes, "AB 1207 is a direct
challenge to free speech, as well as to the religious and
moral beliefs of persons running for public office. It
would create separate categories of candidates who are and
who are not willing to sign the voluntary campaign
AB 1207
Page
4
statement and thereby render those who do not as potential
targets for ridicule?. AB 1207 stifles public discourse on
some of the most hotly contested current issues in our
state and nation, including same-sex 'marriage.' During an
election campaign, candidate views on such topics represent
an integral part of the political process and critical
information for the voting public.
ASSEMBLY FLOOR :
AYES: Arambula, Baca, Bermudez, Calderon, Canciamilla,
Chavez, Chu, Cohn, Coto, Daucher, De La Torre, Evans,
Frommer, Goldberg, Hancock, Jerome Horton, Jones,
Karnette, Klehs, Koretz, Laird, Leno, Lieber, Lieu,
Matthews, Montanez, Mullin, Nation, Nava, Negrete McLeod,
Parra, Pavley, Richman, Ridley-Thomas, Ruskin, Saldana,
Salinas, Torrico, Umberg, Vargas, Wolk, Yee, Nunez
NOES: Aghazarian, Benoit, Blakeslee, Bogh, Cogdill,
DeVore, Emmerson, Garcia, Harman, Haynes, Houston, Huff,
Keene, La Malfa, La Suer, Leslie, Maze, McCarthy,
Mountjoy, Nakanishi, Niello, Plescia, Sharon Runner,
Spitzer, Strickland, Tran, Villines, Walters, Wyland
NO VOTE RECORDED: Bass, Berg, Chan, Dymally, Shirley
Horton, Levine, Liu, Oropeza
DLW:nl 6/29/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****