BILL ANALYSIS Ó SB 441 Page 1 Date of Hearing: July 5, 2011 ASSEMBLY COMMITTEE ON ELECTIONS AND REDISTRICTING Paul Fong, Chair SB 441 (Vargas) - As Amended: June 28, 2011 AS PROPOSED TO BE AMENDED SENATE VOTE : 30-7 SUBJECT : Elections: political party central committees. SUMMARY : Repeals a provision of law that allows the county central committee of each qualified political party to supply the county elections official with a party contribution envelope or one-page letter to be included in the mailing of the sample ballot to each registered voter in the county who has disclosed a party preference for that same party on the voter's affidavit of registration. EXISTING LAW: 1)Allows the county central committee of each qualified political party to supply to its county elections official, not less than 83 days prior to the direct primary election, a party contributor envelope or a one-page letter to be included in the mailing of the sample ballot to each of the registered voters in the county who have disclosed a preference for that same party on the voter's affidavit of registration. 2)Provides that, in lieu of supplying the elections official with a sufficient number of copies of the one-page letter, a county central committee may supply the elections official, not less than 83 days before the direct primary election, with the text of the letter and request the elections official to print, or cause to be printed, a sufficient number of copies of the letter to accommodate the mailing. Requires the elections official to notify the respective county committee of, and requires the committee to reimburse the county for, any actual costs incurred by the inclusion or printing, or both. FISCAL EFFECT : This bill was keyed non-fiscal by the Legislative Counsel. SB 441 Page 2 COMMENTS : 1)Author's Amendments : The author has proposed amendments to remove language that was added on June 28, 2011. As a result of these amendments, this bill will only retain Section 105, which eliminates the ability of political parties to place an insert, as specified, in the sample ballot for a direct primary election. 2)Purpose of the Bill : According to the author, "This bill will avoid the expenditure of public funds to defend actions by political parties. It will also help election officials avoid the appearance of bias by removing endorsements from county publications that are produced at public expense and are designed to inform, rather than persuade, voters." 3)Clean-Up After Top Two : On June 8, 2010, California voters approved Proposition 14, which created the Top Two Candidates Open Primary Act. Proposition 14 requires all candidates for partisan offices, except for US President and county central committees, running in a primary election, regardless of their party preference, to appear on a single Primary Election ballot and permits voters to vote for any candidate. The two candidates who receive the most votes in the primary election advance to the general election. Under current law, county elections officials are required to include inserts provided by the county central committee in partisan sample ballots. However, given that, under this new primary election system, all candidates will appear on a single ballot, the need for political party-specific voter information materials and ballots is virtually eliminated. As such, the author argues, that the provision in this bill that repeals the ability of county central committees to include specified inserts in the mailings of sample ballots to voters who have indicated a party preference could be considered "clean-up" legislation. 4)Pending Litigation : In the June 2010 primary election, the San Diego County elections official included a one-page letter provided by a political party in the sample ballot booklets mailed to that party's registered voters. In addition to soliciting funds for the party, the letter also contained endorsements for several state and local candidates, which gave it the appearance of a slate mailer. The letter was SB 441 Page 3 challenged in court on the grounds that the original intent of the law that authorized the insertion of the letter was to only allow for a party to solicit campaign contributions. On April 13, 2010, Superior Court Judge Jeffrey Barton issued a ruling allowing the insert, with some modifications, to be included in the mailings to voters, stating that because the law does not include a definition for "solicitation" it does not preclude a party from "describing its position on issues or candidates supported." ( Kunde v. Seiler, et al. (2010), Case No. 37-2010-00089266-CU-WM-CTL). The plaintiffs appealed, arguing that the registrar had subsidized the party's mailing by not charging for postage, though the registrar claims that it did not incur additional postage costs as a result of the mailing and therefore did not bill the party for postage. The case is pending in the California Court of Appeals, 4th Appellate District. According to background information provided by the author's office, San Diego County incurred over $25,000 in legal fees to defend, what it considered, its legal obligation to comply with the law. The author argues that removing the ability of county central committees to include inserts in the sample ballot will avoid the expenditure of public funds to defend actions by political parties. 5)Arguments in Support : Several county clerks, in support of this bill, argue "it is crucial that local governments can defend themselves from the appearance of bias while governing local elections and it is a basic right that voters should be able to cast their vote without the presence of a slate mailer in the official elections materials. ÝThis bill] will accomplish both of these goals." SB 441 Page 4 REGISTERED SUPPORT / OPPOSITION : Support California Association of Clerks and Election Officials (Sponsor) Alpine County Clerk/Registrar of Voters (prior version) Contra Costa County Clerk-Recorder (prior version) Lake County Registrar of Voters (prior version) Los Angeles County Register-Recorder/County Clerk (prior version) Merced County Clerk/Registrar of Voters (prior version) Santa Barbara County Clerk, Recorder and Assessor (prior version) Santa Cruz County Clerk (prior version) Shasta County Clerk/Registrar of Voters (prior version) Plumas County Clerk-Recorder, Registrar of Voters (prior version) Opposition None on file. Analysis Prepared by : Maria Garcia / E. & R. / (916) 319-2094