AB 400, as amended, Fong. Petitions: initiative, referendum, or recall.
begin delete(1)end deletebegin delete end deleteExisting law requires that an initiative petition contain specified language advising the public of its right to determine whether the person circulating the petition is a paid signature gatherer or a volunteer.
This bill would require a state or local initiative, referendum, or recall petition circulated by a paid circulator, as defined, who is paid by a committee to include a disclosure statement identifying the persons from whom the committee received the 5 largest cumulative contributionsbegin insert of $10,000 or moreend insert in support of the measure and the name of their employer, if 2 or more of these contributors have the same employer. The bill would require this disclosure statement to be updated within 7 days of any change in the 5 largest cumulative contributors. The bill would require a committee that employs one or more paid circulators for the purpose of circulating an initiative, referendum, or recall petition to submit the disclosure statement, and any updates to it, to the Secretary of State for posting on his or her Internet Web site.
By imposing additional requirements on local elections officials with respect to petitions, the bill would impose a state-mandated local program.
end delete(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
end deleteThis bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: yes.
State-mandated local program: begin deleteyes end deletebegin insertnoend insert.
The people of the State of California do enact as follows:
Section 336.7 is added to the Elections Code, to
2read:
“Paid circulator,” for the purpose of circulating an
4initiative, referendum, or recall petition, means a person who is
5compensated in any manner for collecting petition signatures to
6qualify a state or local initiative, referendum, or recall measure.
Section 9011.5 is added to the Elections Code, to read:
(a) (1) Notwithstanding any other provision of law,
9a state or local initiative, referendum, or recall petition required
10to be signed by voters and circulated by a paid circulator who is
11paid by a committee formed pursuant to Section 82013 of the
12Government Code shall include, in 12-point type at the top of the
13petition, a disclosure statement that identifies the names of the
14persons from whom the committee received the five largest
15cumulative contributionsbegin insert of ten thousand dollars ($10,000) or
16moreend insert.
17(2) If more than five persons meet the disclosure threshold
18described
in paragraph (1) and have made identical cumulative
19contributions, the five persons making the largest cumulative
20contributions shall be disclosed according to chronological
21sequence of receipt of the cumulative contributions.
22(3) The disclosure statement required by paragraph (1) shall be
23updated within seven days of any change in the five largest
24cumulative contributors.
P3 1(4) A committee that employs one or more paid circulators to
2circulatebegin delete anend deletebegin insert a stateend insert initiative, referendum, or recall petition shall
3submit the disclosure statement required by paragraph (1), and any
4updates to that statement as required by
paragraph (3), to the
5Secretary of State, who shall post that statement on his or her
6Internet Web site.
7(b) A committee that employs one or more paid circulators to
8circulate an initiative, referendum, or recall petition shall print on
9the petition, immediately following the disclosure statement
10required pursuant to subdivision (a), its name and shall identify
11itself using a name or phrase that clearly describes the economic
12or other special interest of each person who contributed fifty
13thousand dollars ($50,000) or more. If two or more of these persons
14have the same employer, the committee shall also include the
15employer’s identity in the disclosure statement.
16(c) As used in this section, “cumulative contributions” means
17the cumulative amount of contributions received by a committee
18beginning
12 months prior to the date the committee made its first
19expenditure to qualify or support the measure.
20(d) This section shall not be construed to require a local elections
21official to verify the accuracy of the information required by
22subdivision (a) or (b) or to reapprove the petition upon the update
23required by paragraph (3) of subdivision (a).
24(e) Signatures collected on an initiative, referendum, or recall
25petition shall not be invalid solely because the information required
26by subdivision (a) or (b) was absent or inaccurate.
If the Commission on State Mandates determines that
28this act contains costs mandated by the state, reimbursement to
29local agencies and school districts for those costs shall be made
30pursuant to Part 7 (commencing with Section 17500) of Division
314 of Title 2 of the Government Code.
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