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 SB 1203 (DESAULNIER) Page 2 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 SB 1203 (DESAULNIER) Page 3