BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                SB 334
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        SENATE THIRD READING
        SB 334 (DeSaulnier)
        As Amended  August 22, 2011
        Majority vote 

         SENATE VOTE  :23-14  
         
         ELECTIONS           5-2         APPROPRIATIONS      12-5         
         
         ----------------------------------------------------------------- 
        |Ayes:|Fong, Bonilla, Gatto,     |Ayes:|Fuentes, Blumenfield,     |
        |     |Mendoza, Swanson          |     |Bradford, Charles         |
        |     |                          |     |Calderon, Campos, Davis,  |
        |     |                          |     |Gatto, Hall, Hill, Lara,  |
        |     |                          |     |Mitchell, Solorio         |
        |     |                          |     |                          |
        |-----+--------------------------+-----+--------------------------|
        |Nays:|Logue, Valadao            |Nays:|Harkey, Donnelly,         |
        |     |                          |     |Nielsen, Norby, Wagner    |
        |     |                          |     |                          |
         ----------------------------------------------------------------- 
         SUMMARY  :  Requires the state ballot pamphlet to contain information 
        regarding the largest contributors supporting and opposing each 
        state measure that will appear on the ballot.   Specifically,  this 
        bill  :   

        1)Requires the state ballot pamphlet, immediately below the analysis 
          of a state ballot measure prepared by the Legislative Analyst, to 
          include:

           a)   A list of the five highest contributors of $50,000 or more 
             to each primarily formed committee supporting the measure;

           b)   A list of the five highest contributors of $50,000 or more 
             to each primarily formed committee opposing the measure; 

           c)   The total amount of each of the above contributions as of 
             110 days before election day or, if a special election is 
             called on a date before election day for that special election 
             so as to make compliance with the 110-day timeframe infeasible, 
             as of a later date as feasible under timeframes and procedures 
             set forth by the Secretary of State (SOS) for preparation of 
             the state ballot pamphlets for that special election; and,









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           d)   A printed statement that reads substantially similar to the 
             following:  "To learn who contributed to committees supporting 
             or opposing each state measure, access the Secretary of State's 
             Internet Web site at ÝInternet Web site address]."

        2)Requires the lists and statement described above to be followed by 
          a statement that the lists only reflect the highest contributors 
          of $50,000 or more as of 110 days before election day or, if a 
          special election is called on a date before election day for that 
          special election so as to make compliance with the 110-day 
          timeframe infeasible, as of a later date as feasible under 
          timeframes and procedures set forth by the SOS for preparation of 
          the state ballot pamphlets for that special election.

        3)Provides that if a contributor is a committee controlled by a 
          candidate, the name of the candidate shall be listed.

        4)Provides that if a contributor is a sponsored committee, the name 
          of the sponsor shall be listed.

         FISCAL EFFECT  :  According to the Assembly Appropriations Committee, 
        potential minor General Fund costs for additional printing in the 
        state ballot pamphlet.  For every additional page required due to 
        the bill's requirement, the cost would be $66,000.  However, the 
        SOS's office formats the voter information guide in 16-page 
        increments, thus there is often blank space available for additional 
        information, such as that required by this bill.

         COMMENTS  :  According to the author, "In recent years, observers 
        noted that interests have increasingly turned to California's 
        initiative system to amend the California Constitution or state 
        statutes to benefit themselves.  Because SB 334 requires information 
        to be gathered and disclosed as of 110 days before Election Day, the 
        bill will help voters determine the interests behind the 
        qualification efforts of ballot measures."

        The SOS can begin sending out the state ballot pamphlet to voters on 
        the 40th day before an election.  However, a large amount of 
        lead-time is necessary to produce the state ballot pamphlet and to 
        have that pamphlet on public display at least 20 days prior to final 
        production, as required by current law.  To accommodate the timing 
        required for state ballot pamphlet production, this bill requires 
        specific contributors to primarily formed committees supporting and 
        opposing state ballot measures to be listed as of 110 days before 








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        election day.  In addition, this bill provides that if a special 
        election is called on a date before election day for that special 
        election so as to make compliance with the 110-day timeframe 
        infeasible, the list of contributors shall be listed as of a later 
        date as feasible under timeframes and procedures set forth by the 
        SOS for preparation of the state ballot pamphlets for that special 
        election.

        While proponents of a measure may have spent substantial amounts of 
        money to gather signatures to qualify an initiative for the ballot, 
        it is relatively uncommon for initiative opponents to spend large 
        amounts on an initiative more than three months prior to an 
        election.  As a result, most, if not all, spending intended to 
        influence voters after a measure has qualified for the ballot will 
        not be disclosed in the ballot pamphlet, which could give voters a 
        misleading picture of the true supporters and opponents of a state 
        ballot measure.  This bill could, however, result in voters being 
        given greater information in the state ballot pamphlet about those 
        entities responsible for funding the effort to qualify a measure for 
        the ballot.  In addition, this bill requires that a statement be 
        included in the pamphlet to notify voters that contributor 
        information is available on the SOS's Internet Web site.

        California voters passed an initiative, Proposition 9, in 1974, that 
        created the Fair Political Practices Commission and codified 
        significant restrictions and prohibitions on candidates, 
        officeholders, and lobbyists.  That initiative is commonly known as 
        the Political Reform Act (PRA).  Amendments to the PRA that are not 
        submitted to the voters must further the purposes of the initiative 
        and require a two-thirds vote of both houses of the Legislature, 
        unless the amendments are to specified provisions to add information 
        to the ballot pamphlet.  This bill would require additional 
        information to be included in the ballot pamphlet, and therefore 
        requires a majority vote.


         Analysis Prepared by  :    Ethan Jones and Maria Garcia / E. & R. / 
        (916) 319-2094                                              FN: 
        0001956