BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 1203
                                                                  Page  1


          SENATE THIRD READING
          SB 1203 (DeSaulnier)
          As Amended  May 6, 2010
          Majority vote 

           SENATE VOTE  :22-5  
          
           ELECTIONS           5-2                                         
           
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          |Ayes:|Fong, Gatto, Mendoza,     |     |                          |
          |     |Saldana, Swanson          |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Adams, Bill Berryhill     |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Requires a person who is paid to gather signatures on  
          an initiative, referendum, or recall petition to wear a badge  
          that indicates that he or she is paid and disclosing whether he  
          or she is registered to vote and if so, the county in which he  
          or she is registered to vote. Specifically,  this bill  :   

          1)Requires an individual who receives compensation to circulate  
            an initiative, referendum, or recall petition to identify  
            himself or herself as a paid signature gatherer by wearing a  
            badge stating "PAID SIGNATURE GATHERER."  Requires the badge  
            to identify the county in which the circulator is registered  
            to vote, or if the circulator is not registered to vote,  
            requires the badge to state "NOT REGISTERED TO VOTE."

          2)Requires the print on a badge worn pursuant to this bill to be  
            no smaller than 30-point type.

           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.

           FISCAL EFFECT  :  Keyed non-fiscal by the Legislative Counsel.

           COMMENTS  :  According to the author, "Voters should have the  
          right to know immediately whether a signature gatherer is paid  
          or not.  Because of the way signature gatherers are paid (on a  








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          per-signature basis), there are more instances of fraud.  SB  
          1203 will allow voters to know who is truly a volunteer and who  
          is not."

          In 1988, the United States Supreme Court ruled that a Colorado  
          prohibition against the use of paid circulators for initiative  
          petitions violated the First Amendment's guarantee of free  
          speech. Writing for a unanimous court, Justice Stevens noted  
          that "[t]he State's interest in protecting the integrity of the  
          initiative process does not justify the prohibition because the  
          State has failed to demonstrate that it is necessary to burden  
          appellees' ability to communicate their message in order to meet  
          its concerns."  Meyer v. Grant (1988), 486 U.S. 414.

          In 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 that case the  
          court ruled that there must be a compelling state interest to  
          justify any restrictions on initiative petition circulation.   
          Buckley v. American Constitutional Law Foundation (1999), 525  
          U.S. 182.

          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 that 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]."  The Buckley  
          court 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.

          In an April 17, 2001, opinion, Legislative Counsel opined that a  
          statute to require an individual circulating a petition to  
          disclose (verbally or by a sign, pin, badge, hat, or other  
          indication) whether the individual is paid to circulate the  
          petition is valid under the California and United States  
          Constitutions.  In its analysis, Legislative Counsel wrote "in  
          our view the disclosure of the paid or unpaid status of the  
          petition circulator at the time of circulation properly may be  
          characterized as the least drastic means to accomplish the  








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          substantial state interest of enabling potential petition  
          signers to assess the sincerity of circulators."

          AB 738 (Nation) of 2005 was similar to this bill, except that it  
          did not require a circulator's badge to indicate whether the  
          circulator was registered to vote and, if so, the county in  
          which the circulator was registered to vote.  AB 738 was vetoed  
          by Governor Schwarzenegger, who argued that the bill was  
          unnecessary because petitions are already required to inform  
          voters that the circulator may be a volunteer or may be paid,  
          and that the voter has the right to ask.

          AB 738 was similar to SB 725 (Scott) of 2001 and SB 1219  
          (Schiff) of 1999, both of which were vetoed by Governor Davis,  
          and to SB 1979 (Schiff) of 1998, which was vetoed by Governor  
          Wilson.


           Analysis Prepared by  :    Ethan Jones / E. & R. / (916) 319-2094 


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