BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       SB 
                                                                 448
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          SENATE THIRD READING
          SB 448 (DeSaulnier and Hancock)
          As Amended  April 26, 2011
          Majority vote 

           SENATE VOTE  :25-15  
           
           ELECTIONS           5-2                                         
           
           ----------------------------------------------------------------- 
          |Ayes:|Fong, Bonilla, Hall,      |     |                          |
          |     |Mendoza, Swanson          |     |                          |
          |     |                          |     |                          |
          |-----+--------------------------+-----+--------------------------|
          |Nays:|Logue, Valadao            |     |                          |
          |     |                          |     |                          |
           ----------------------------------------------------------------- 

           SUMMARY  :  Requires a person who is collecting petition 
          signatures to wear a badge indicating whether he or she is a 
          paid signature gatherer or a volunteer signature gatherer, and 
          if and where he or she is registered to vote.  Specifically, 
           this bill  :   

          1)Requires 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."  Requires a volunteer to 
            identify himself or herself by wearing a badge stating 
            "VOLUNTEER SIGNATURE GATHERER."

          2)Requires every signature gatherer to identify the jurisdiction 
            in which he or she is registered to vote by placing on the 
            badge the name of the county in California in which the 
            signature gatherer is registered to vote.  Provides that if he 
            or she is not registered to vote, the badge shall state "NOT 
            REGISTERED TO VOTE."

          3)Requires the badge to be worn on the chest of the signature 
            gatherer in clear view of all individuals signing or asked to 
            sign the petition.  Requires the print on the badge to be no 
            smaller than 30-point font.








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           FISCAL EFFECT  :  This bill is keyed non-fiscal by the Legislative 
          Counsel.

           COMMENTS  :  According to the author:  "Voters who are approached 
          by signature gatherers ought to have the right to know whether 
          the person approaching them is a paid signature gatherer or a 
          volunteer.  SB 448 brings more transparency to our initiative 
          process and it gives voters more information about who is asking 
          them to participate in our political process."

          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."  

          This bill, in addition to indicating whether the signature 
          gatherer is paid or a volunteer, requires the badge to identify 
          if and where the signature gatherer is registered to vote.  The 
          Assembly Elections and Redistricting Committee staff members are 
          unaware of any court that has ruled on the constitutional 
          validity of requiring voter registration information to be 
          disclosed on a badge, and the Legislative Counsel opinion 
          discussed above does not address the constitutionality of such a 
          requirement.

          The Ballot Initiative Strategy Center, in support of this bill, 
          argues that, "After 100 years of direct democracy, Californians 
          deserve a citizen initiative process that serves them.  
          Unfortunately, special interests and some unscrupulous 
          signature-gathering firms are able to take advantage of a broken 
          system in need of fundamental reform.  ÝThis bill] would provide 
          greater disclosure whether a petition is being circulated by 
          volunteers or paid signature gatherers." 









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          The Howard Jarvis Taxpayers Association, in opposition to this 
          bill, argues that having signature gatherers wear a "scarlet 
          letter" badge will do nothing more than unfairly prejudice the 
          Ýsignature gathering] process.  
           
          AB 481 (Gordon), which is similar to this bill, requires a 
          person who is collecting petition signatures to wear a badge 
          indicating whether he or she is a paid signature gatherer or a 
          volunteer signature gatherer, and requires similar information 
          be disclosed on any state or local initiative, referendum, or 
          recall petition.   AB 481 was approved by the Assembly on a 
          48-26 vote and is pending on the Senate Floor.

          Please see the policy committee analysis for a full discussion 
          of this bill.


           Analysis Prepared by  :    Maria Garcia / E. & R. / (916) 319-2094 



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