BILL ANALYSIS Ó
SB 168
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Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 168 (Corbett) - As Introduced: February 3, 2011
Policy Committee: ElectionsVote:5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Makes it unlawful for anyone to pay, or be paid, based on the
number of signatures obtained for a state or local initiative,
referendum, or recall petition.
2)Makes a violation of the above a misdemeanor, subject to the
following penalties:
a) For a person or organization that pays someone based on
the number of signatures collected, a fine of up to $25,000
and/or imprisonment in county jail for up to one year.
b) For a person paid based on the number of signatures
collected, a fine of up to $1,000 and/or imprisonment in
county jail for up to six months.
FISCAL EFFECT
Unknown, likely minor non-reimbursable costs to cities and
counties for prosecution and incarceration, offset to some
extent by fine revenues.
COMMENTS
1)Purpose . According to the author's office, in California and
throughout the country there are increasing reports of ballot
initiative fraud in the signature gathering process. Critics
argue that paying signature gatherers on a per-signature basis
encourages fraud, because a circulator who collects more
signatures will earn more, and is more likely to forge
SB 168
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signatures or to misrepresent the content of the petition in
order to encourage people to sign. (According to the National
Conference of State Legislatures, payments typically range
from $1 to $3 per signature, and occasionally are as high as
$10 per signature.)
According to the Secretary of State's Election Fraud
Investigation Unit (EFIU), between 1994 and 2010, 240 cases
were opened for falsifying petitions, of which 46 were sent to
district attorneys for prosecution, resulting in 33
convictions. Since the EFIU was created in 1994, a larger
number of convictions have been obtained for falsified
petitions than for any other election crime except fraudulent
voter registration.
2)Prior Legislation . SB 34 (Corbett) of 2009, an identical bill,
was vetoed by Governor Schwarzenegger, who argued that the
bill would inhibit the initiative process. AB 2946 (Leno) of
2006, which included provisions establishing penalties for
paying or receiving payment on a per-signature basis, was also
vetoed.
3)Opposition . A coalition of associations representing business
interests, including the California Chamber of Commerce, the
California Apartment Association, and the Pharmaceutical
Research and Manufacturers of America, argues that the bill
will limit the public's role in the initiative process and
"would make it prohibitively expensive to do an initiative or
a recall and next to impossible to do a referendum." The
Humane Society of the United States expresses a similar
concern.
Analysis Prepared by : Chuck Nicol / APPR. / (916) 319-2081