BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 448| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ VETO Bill No: SB 448 Author: DeSaulnier (D) & Hancock (D) Amended: 7/14/11 Vote: 21 SENATE ELECTIONS & CONST. AMEND. COMMITTEE : 3-2, 5/3/11 AYES: Correa, De León, Lieu NOES: La Malfa, Gaines SENATE FLOOR : 25-15, 5/9/11 AYES: Alquist, Calderon, Corbett, Correa, De León, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Yee NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton, Emmerson, Fuller, Gaines, Harman, Huff, La Malfa, Runner, Strickland, Walters, Wyland ASSEMBLY FLOOR : 50-27, 8/15/11 - See last page for vote SENATE FLOOR : 24-15, 8/18/11 AYES: Alquist, Calderon, Corbett, Correa, DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Simitian, Steinberg, Vargas, Wolk, Wright, Yee NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton, Emmerson, Fuller, Gaines, Harman, Huff, La Malfa, Runner, Strickland, Walters, Wyland NO VOTE RECORDED: De León SUBJECT : Elections: circulation of petition CONTINUED SB 448 Page 2 SOURCE : Author DIGEST : This bill requires an individual who receives compensation to circulate an initiative, referendum, or recall petition to wear a badge stating, in no smaller than 30-point font print, that he/she is a "paid signature gatherer and this bill requires the individual circulating the initiative, referendum, or recall petition to wear the badge on his/her chest in clear view of all individuals signing or asked to sign the petition. Assembly Amendments narrows the bill to those who receive compensation. ANALYSIS : 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. 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 CONTINUED SB 448 Page 3 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 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." Prior and related legislation SB 1203 (DeSaulnier) of 2010, was nearly identical to this bill. SB 1203 was approved by the Senate Elections and Constitutional Amendments 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 the Senate Elections and Constitutional Amendments Committee and is scheduled for hearing in the Senate Public Safety Committee. CONTINUED SB 448 Page 4 AB 481 (Gordon) requires a person who is paid for collecting petition signatures to wear a badge indicating that he/she is a paid signature gatherer, and requires similar information be disclosed on any state or local initiative, referendum, or recall 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 Secretary of State. AB 651 is currently in Senate Rules Committee. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 8/16/11) Secretary of State Ballot Initiative OPPOSITION : (Verified 8/16/11) Howard Jarvis Taxpayers Association ARGUMENTS IN SUPPORT : According to the author's office, 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. ARGUMENTS IN OPPOSITION : The Howard Jarvis Taxpayer Association states, by making it harder and more obtrusive for individuals to collect signatures, this in turn will make it more difficult for measures to qualify for the ballot, inhibiting the democratic process. Individuals who desire to sign petitions currently have the ability to ask signature gatherers if they are being paid, and by whom. CONTINUED SB 448 Page 5 GOVERNOR'S VETO MESSAGE: "I am returning Senate Bill 448 without my signature. I find this bill provocative, but ultimately unpersuasive. If it is acceptable to force paid signature gatherers to place identifying badges on their chests, will similar requirements soon be placed on paid campaign workers? I choose not to go down this slippery slope where the state decides what citizens must wear when petitioning their government." ASSEMBLY FLOOR : 50-27, 8/15/11 AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Torres, Wieckowski, Williams, Yamada, John A. Pérez NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly, Fletcher, Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth, Valadao, Wagner NO VOTE RECORDED: Blumenfield, Bonilla, Gorell DLW:do 1/4/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED SB 448 Page 6 CONTINUED