BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 481|
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THIRD READING
Bill No: AB 481
Author: Gordon (D), et al
Amended: 4/5/11 in Assembly
Vote: 21
SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 3-2, 6/8/11
AYES: Correa, De León, Lieu
NOES: La Malfa, Gaines
ASSEMBLY FLOOR : 48-26, 5/12/11 - See last page for vote
SUBJECT : Elections: petitions: signature gatherers
SOURCE : Author
DIGEST : This bill requires a person who is collecting
petition signatures to wear a badge indicating whether
he/she is a paid signature gatherer or a volunteer
signature gatherer, and requires similar information be
disclosed on any state or local initiative, referendum, or
recall petition.
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.
This bill:
1. Defines "paid circulator," for the purposes of this
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bill, as a person who is compensated in any manner for
collecting petition signatures to qualify a state or
local initiative, referendum, or recall measure.
2. Defines "volunteer," for purposes of this bill, as a
person who is not a paid circulator.
3. Requires that a state or local initiative, referendum,
or recall petition circulated by a paid circulator
contain the phrase "PAID CIRCULATOR," in 24-point type
above the following language in 12-point type:
NOTICE TO THE PUBLIC
THIS PETITION IS BEING CIRCULATED BY A PERSON WHO
IS BEING PAID TO COLLECT SIGNATURES
4. Requires that a state or local initiative, referendum,
or recall petition circulated by a volunteer contain the
phrase "VOLUNTEER CIRCULATOR," in 24-point type above
the following language in 12-point type:
NOTICE TO THE PUBLIC
THIS PETITION IS BEING CIRCULATED BY A VOLUNTEER
5. Requires an individual who receives compensation to
circulate an initiative, referendum, or recall petition
to identify him or herself as a paid signature gatherer
by wearing a badge stating "PAID SIGNATURE GATHERER."
Requires a volunteer to identify him or herself by
wearing a badge stating "VOLUNTEER SIGNATURE GATHERER."
6. Requires the badge to be worn on the chest of the
signature gatherer in clear view of all individuals
signing or asked to sign the petition. Requires the
print on the badge to be no smaller than 30-point type.
Comments
According to the author, "AB 481 would provide greater
disclosure whether a petition for any state or local
initiative, referendum, or recall petition is being
circulated by a volunteer or a paid signature gatherer.
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The bill will allow a person approached outside a grocery
store to know whether the person is a volunteer who really
believes in the issue or someone who is compensated to
advocate."
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 substantial state interest
of enabling potential petition signers to assess the
sincerity of circulators."
Previous/Related Legislation
SB 448 (DeSaulnier), which is pending in the Assembly
Elections and Redistricting Committee, would require paid
signature gatherers to wear a badge stating that they are a
paid or volunteer signature gatherer and if and where they
are registered to vote. If the person is not registered,
the badge would need to state that the person is not
registered to vote. SB 168 (Corbett), which is also
pending in the Assembly Elections and Redistricting
Committee, specifies that a petition signature gatherer may
not be paid by the signature.
AB 651 (Hueso), which is also before the Senate Elections
and Constitutional Amendments Committee, would require
professional petition firms to register with the Secretary
of State and pay a registration fee.
SB 1203 (DeSaulnier) of 2010 would have required paid
signature gatherers to wear a badge stating that they are a
paid signature gatherer and if and where they are
registered to vote. If the person was not registered, the
badge would have stated that the person was not registered
to vote. That bill proceeded to the Assembly Floor, where
it was gutted and amended.
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SB 34 (Corbett) of 2009, which was vetoed, would have
specified that a petition signature gatherer could not be
paid by the signature.
SB 1598 (Bowen) of 2006, which was vetoed, would have
required a petition in circulation to specify on the
petition whether the person gathering signatures is paid or
a volunteer and would also have provided for disclosure on
the petition of the largest financial donors. SB 469
(Bowen) of 2005, which was also vetoed, was similar to SB
1598.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/8/11)
Ballot Initiative Strategy Center
California Police Chiefs Association
Secretary of State, Debra Bowen
OPPOSITION : (Verified 6/8/11)
California Resource Family Impact
Howard Jarvis Taxpayers Association
ARGUMENTS IN SUPPORT : The Secretary of State (SOS), in
support of this bill, notes that while there is plenty of
information on what an initiative does and who is financing
it after the initiative has qualified for the ballot, there
is almost nothing available to help people decide whether
they want to support putting a measure on the ballot in the
first place. The SOS also argues that although current law
gives a person the right to inquire as to whether the
person circulating the petition is being paid or is a
volunteer, not all people are aware of this right, let
alone exercise it.
ARGUMENTS IN OPPOSITION : In opposition to this bill, the
Capitol Resource Family Impact argues that it is an attempt
to discredit paid referendum, initiative, or recall
signature gatherers, and that the fact that a person is
paid for collecting signatures should not in any way,
shape, or form diminish the credibility of the effort for
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which the signatures are being collected, yet forcing a
paid individual to wear a badge stating their status can
adversely affect their efforts. They also argue that
current law, which allows an individual, approached by a
signature gatherer to ask whether they are paid to collect
signatures or not, is sufficient.
ASSEMBLY FLOOR :
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Bonilla,
Bradford, Brownley, Buchanan, Butler, Charles Calderon,
Campos, Carter, Chesbro, Davis, Dickinson, Eng, Feuer,
Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall,
Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman,
Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning,
Pan, Perea, V. Manuel Pérez, Skinner, Solorio, Swanson,
Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Grove, Hagman, Halderman, Harkey,
Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell,
Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao,
Wagner
NO VOTE RECORDED: Blumenfield, Cedillo, Garrick, Gorell,
Portantino, Torres
DLW:do 6/8/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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