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  ****