BILL ANALYSIS Ó SB 334 Page 1 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, SB 334 Page 2 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 SB 334 Page 3 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