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 ----------------------------------------------------------------- |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 SB 1203 Page 2 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 SB 1203 Page 3 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 FN: 0004997