BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1203| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 1203 Author: DeSaulnier (D), et al Amended: 5/6/10 Vote: 21 SENATE ELECTIONS, REAP. & CONST. AMEND. COMM. : 3-2, 4/6/10 AYES: Hancock, DeSaulnier, Liu NOES: Denham, Strickland SUBJECT : Elections SOURCE : Author DIGEST : This bill requires a person who is paid to circulate an initiative, referendum, or recall petition to wear a badge identifying himself/herself as a paid signature gatherer. Specifically this bill requires that 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. Senate Floor Amendments of 5/6/10 additionally requires an individual who is paid to circulate an initiative, referendum, or recall petition t identify the jurisdiction in which he/she is registered to vote on their "PAID SIGNATURE GATHERER" badge. If the individual is not CONTINUED SB 1203 Page 2 registered to vote, the badge will instead state, "NOT REGISTERED TO VOTE." They also make additional conforming changes. ANALYSIS : 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. Background Until the 1980s, courts upheld bans on paid signature gatherers. That changed in 1988, when the United States 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 United States 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. Prior and Related Legislation AB 738 (Nation), 2005-06 Session, was identical to this bill but was vetoed by the Governor. In his veto message the Governor indicated he was not compelled to sign and stated: "I agree with Governor Davis and Governor Wilson, who returned similar measures without their signature, [because] under existing law, petitions must contain the following notice in 12 point type: NOTICE TO THE PUBLIC - SB 1203 Page 3 THIS PETITION IS BEING CIRCULATED BY A PAID SIGNATURE GATHERER OR A VOLUNTEER. YOU HAVE THE RIGHT TO ASK." SB 469 (Bowen), 2005-06 Session, 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), 2001-02 Session, 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 5/10/10) State Building and Construction Trades Council of California OPPOSITION : (Verified 5/10/10) Governor's Office of Planning and Research ARGUMENTS IN SUPPORT : According to the author's office, currently, voters do not immediately know when approached by a signature gatherer whether he/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. ARGUMENTS IN OPPOSITION : The Governor's Office of SB 1203 Page 4 Planning and Research is concerned with placing a stigma on signature gatherers by making them wear badges which could have the effect of discouraging people from participating in the initiative process and qualify measures for the ballot. DLW:mw 5/10/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****