BILL ANALYSIS
AB 1207
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1207 (Yee)
As Amended August 7, 2006
Majority vote
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|ASSEMBLY: |43-29|(January 26, |SENATE: |21-12|(August 10, |
| | |2006) | | |2006) |
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Original Committee Reference: E. & R.
SUMMARY : Revises the Code of Fair Campaign Practices (Code), to
which candidates may voluntarily subscribe, to specify 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, martial
status, age, sexual orientation, or sex, including gender
identity.
The Senate amendments :
1)Add findings and declarations about the Legislature's concern
about the use of prejudice or appeals to prejudice in
campaigns, and encouraging meaningful discussion and debate in
campaigns about policies and relevant issues.
2)Revises a provision of the Code that currently specifies that
a candidate will not use or permit any appeal to negative
prejudice based on race, sex, religion, national origin,
physical health status, or age, so that the provision instead
specifies 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, martial status, age, sexual orientation, or sex,
including 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:
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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 or 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.
AS PASSED BY THE ASSEMBLY , this bill added a provision to the
Code specifying that a candidate will not use or permit any
appeal to negative prejudice based on sexual orientation or
gender identity.
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 [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
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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 would have added a provision to the Code
specifying that a candidate will not use or permit any appeal to
negative prejudice based on sexual orientation or gender
identity. 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: 0015738