BILL ANALYSIS Ó SENATE COMMITTEE ON ELECTIONS AND CONSTITUTIONAL AMENDMENTS Senator Lou Correa, Chair BILL NO: SB 448 HEARING DATE:4/5/11 AUTHOR: DeSAULNIER ANALYSIS BY:Frances Tibon Estoista AMENDED: AS INTRODUCED FISCAL: NO SUBJECT Elections: paid signature gatherers DESCRIPTION Existing law requires that any state or local initiative petition contain a statement, notifying the public that the petition may be circulated by either a paid or a volunteer signature gatherer, and that the public has the right to ask. Existing law establishes a process for proposing initiative measures submitted to voters in California and sets forth qualifications for persons who circulate initiative petitions. Existing law provides that a person who is a voter or who is qualified to register to vote in this state may circulate a state initiative or referendum petition anywhere within the state. This bill would require 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." This bill would require an individual circulating an initiative, referendum, or recall petition to identify the jurisdiction in which he or she is registered to vote by placing on the badge the name of the California county in which he or she is registered to vote. If he or she is not registered to vote, the badge shall state "NOT REGISTERED TO VOTE." This bill further requires individuals circulating an initiative, referendum, or recall petition to wear the badge on his or her chest in clear view of all individuals signing or asked to sign the petition, and that the print on the badge be no smaller than a 30-point font. BACKGROUND Until the 1980s, courts upheld bans on paid signature gatherers. That changed in 1988, when the U.S. Supreme Court invalidated Colorado's ban in the Meyer v. Grant decision as a violation of the First Amendment's guarantee of free speech. In Buckley v. American Constitutional Law Foundation (1999), the U.S. Supreme Court examined a Colorado law that provided a number of other restrictions on the signature collection process for ballot initiatives. In Buckley , the court invalidated Colorado's requirement that paid petition circulators wear a badge identifying themselves and identifying that they are paid circulators. The court stated the requirement to wear badges inhibits participation in the petitioning process, "because the badge requirement compels personal name identification at the precise moment when the circulator's interest in anonymity is greatest, it does not qualify for inclusion among 'the more limited Ýelection process] identification requirementÝs].'" However, the Buckley decision did not rule on the validity of the requirement that a circulator wear a badge stating whether a petition circulator was paid or a volunteer. COMMENTS 1. According to the author , most proponents of ballot initiatives pay signature gatherers on a "per signature" basis, which some critics point to as a financial incentive to commit fraud. While efforts to ban paid signature gatherers have foundered in the courts, states have passed disclosure requirements for paid signature gatherers. In fact, at least 10 states require circulators to disclose whether they are paid or volunteer, most often on the petition itself. SB 448 (DeSAULNIER) Page 2 2. Nobody likes feeling left out . 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. It might therefore be useful if a person who is a volunteer collecting petition signatures also be required to wear a badge, similar to the badge that a paid signature gatherer would be required to wear, indicating that he or she is a volunteer. 3. Legislative Counsel Opinion : 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." 4. Prior and related legislation . SB 1203 (DeSaulnier) of 2010, was nearly identical to this bill. SB 1203 was approved by this committee, but subsequently was gutted and amended for an unrelated purpose. SB 168 (Corbett), makes it a misdemeanor for a person to pay or to receive money or any other thing of value based on the number of signatures collected on a state or local initiative, referendum, or recall petition. SB 168 passed out of this committee and is scheduled for hearing in the Senate Public Safety Committee. AB 481 (Gordon), requires a person who is paid for collecting petition signatures to wear a badge indicating that he or she is a paid signature gatherer, and requires similar information be disclosed on any state or local initiative, referendum, or recall SB 448 (DeSAULNIER) Page 3 petition. AB 481 is scheduled for hearing in the Assembly Elections and Redistricting Committee. AB 651 (Hueso), requires paid signature gatherers to wear a badge identifying their employer, and requires firms that pay individuals to circulate petitions and gather signatures to register with the SOS. AB 651 is pending hearing in Assembly Appropriations Committee. POSITIONS Sponsor: Author Support: None received Oppose: Howard Jarvis Taxpayers Association SB 448 (DeSAULNIER) Page 4