BILL ANALYSIS                                                                                                                                                                                                    






               SENATE COMMITTEE ON ELECTIONS, REAPPORTIONMENT AND  
                           CONSTITUTIONAL AMENDMENTS
                          Senator Loni Hancock, Chair


          BILL NO:   SB 1203             HEARING DATE:4/6/10
          AUTHOR:    DeSAULNIER          ANALYSIS BY:Frances Tibon  
          Estoista
          AMENDED:   AS INTRODUCED
          FISCAL:    No
          
                                     SUBJECT
           
          Elections

                                   DESCRIPTION  
          
           Existing law  requires every state or local initiative  
          petition to contain a statement notifying voters of their  
          right to inquire whether the petition is being circulated  
          by a paid signature gatherer or a volunteer.

           This bill  requires a person who is paid to circulate an  
          initiative, referendum, or recall petition to wear a badge  
          identifying himself or herself as a paid signature  
          gatherer.  Specifically this bill requires:

             An initiative, referendum, or recall petition circulator  
             who receives compensation to circulate the petition must  
             wear a badge stating "PAID SIGNATURE GATHERER."

             The badge must be worn on the chest of the petition  
             circulator in clear view of anyone signing or asked to  
             sign the petition.

             The print on the badge can be no smaller than 30-point  
             font.

                                    BACKGROUND  
          
          Until the 1980s, courts upheld bans on paid signature  
          gatherers.  That changed in 1988, when the U.S. Supreme  
          Court invalidated Colorado's ban in the  Meyer  v.  Grant   
          decision as a violation of the First Amendment's guarantee  
          of free speech.










          In  Buckley  v.  American Constitutional Law Foundation   
          (1999), the U.S. Supreme Court examined a Colorado law that  
          provided a number of other restrictions on the signature  
          collection process for ballot initiatives.  In  Buckley  , the  
          court invalidated Colorado's requirement that paid petition  
          circulators wear a badge identifying themselves and  
          identifying that they are paid circulators.  The court  
          stated the requirement to wear badges inhibits  
          participation in the petitioning process, "because the  
          badge requirement compels personal name identification at  
          the precise moment when the circulator's interest in  
          anonymity is greatest, it does not qualify for inclusion  
          among 'the more limited [election process] identification  
          requirement[s].'"  However, the  Buckley  decision did not  
          rule on the validity of the requirement that a circulator  
          wear a badge stating whether a petition circulator was paid  
          or a volunteer.

                                     COMMENTS  
          
            1. According to the author  , currently, voters do not  
             immediately know when approached by a signature gatherer  
             whether he or she is paid or a volunteer.  By making it  
             obviously clear that signature gatherers are paid for  
             their services, voters will have more information so  
             they can determine whether they want to participate or  
             not.

            2. Helpful Information  .  It's unclear if voters base their  
             decisions to sign petitions on whether or not the  
             circulator is paid or a volunteer.  On the other hand,  
             any information which may help a voter make a decision  
             that doesn't constitute an undue burden on the  
             circulator or proponent is probably advantageous.  As of  
             June 21, the Secretary of State's office reported there  
             were 60 initiative petitions in circulation and 14 other  
             petitions pending at the Attorney General's office.

            3. Prior and related legislation  .  AB 738 (Nation) of 2005  
             was identical to this bill but was vetoed by the  
             Governor.  In his veto message the Governor indicated he  
             wasn't compelled to sign and stated:  "I agree with  
             Governor Davis and Governor Wilson, who returned similar  
             measures without their signature, [because] under  
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             existing law, petitions must contain the following  
             notice in 12 point type: NOTICE TO THE PUBLIC - THIS  
             PETITION IS BEING CIRCULATED BY A PAID SIGNATURE  
             GATHERER OR A VOLUNTEER.  YOU HAVE THE RIGHT TO ASK."

           SB 469 (Bowen) of 2005 was also vetoed by the Governor and  
             would have required an initiative, referendum, or recall  
             petition to reflect, in specified language, whether it  
             is being circulated by a paid circulator or by a  
             volunteer, and defines "volunteer" and "paid  
             circulator."   SB 469 would have also required any state  
             or local initiative, referendum, or recall petition  
             circulated by a committee to include a disclosure  
             statement identifying the five largest cumulative  
             contributors in support of the measure.

           SB 725 (Scott) of 2001 would have required an initiative,  
             referendum, or recall petition to reflect whether it is  
             being circulated by a person paid to collect signatures  
             or by a volunteer.  SB 725 was vetoed by Governor Davis,  
             who argued the bill was unnecessary because petitions  
             are already required to inform voters the circulator may  
             be a volunteer or may be paid, and that the voter has  
             the right to ask.
                                         



                                   POSITIONS  
          
          Sponsor: Author

           Support: State Building and Construction Trades Council of  
                   California

           Oppose:  Governor's Office of Planning and Research






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