BILL ANALYSIS Ó SB 448 Page 1 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. SB 448 Page 2 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." SB 448 Page 3 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 FN: 0001349